Hi, Newbie here. Looking to read up on MET PCN Mcdonalds

[Nath.]

Hi,

Looks like plenty ro read, Any pointers will be welcome regarding MET PCN Mcdonalds.

Thankies.

[ostell]

Well, if you post up redacted copy of the PCN, but leave dates then people might be able to help. Use an image hosting site such as imgur and put a link on here

[Nath.]

Well, if you post up redacted copy of the PCN, but leave dates then people might be able to help. Use an image hosting site such as imgur and put a link on here

OK, Thanks.....just working out how to do this.......

Thanks.

[Nath.]

Think I managed it.....https://imgur.com/cdAksol

[Nath.]

Date of overstay parking was 14th oct 2020

Any help will be brilliant.

[ostell]

If that Notice to Hirer did not also contain a copy of the hire agreement AND a copy of the original Notice to Keeper that was sent to the hire company then:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


Send s that it arrives on day 19 after the date on the letter so that they can't correct their mistake within the relevant period

First class post with a free certificate of posting from a post office

[Nath.]

OK, brilliant.....

When it says hirer it's because it is a company car on a lease. I am just the keeper not the owner so I guess the lease company have given them my name as a "possible" driver....

[ostell]

The lease company cannot know who the driver was, they were not there. The lease company is the owner

[Nath.]

I got a reply today....

Thankyou for your correspondence which has been forarded to the relevent department.

any questions.......blah blah blah

kind regards.



seems a bit odd to me.........

https://imgur.com/koNKm3g

[ostell]

They can't work out what they can put in the next Lue.

[Nath.]

They can't work out what they can put in the next Lue.

What do you think will happen next?

[ostell]

Hopefully they will cancel

[Nath.]

Hopefully they will cancel

the saga continues....... Got this reply today, they have sent a POPLA code.......not sure what to do next. ?

https://imgur.com/P9w5eYp

Thanks.

[ostell]

So you edit out that POLA code and then write an appeal to POPLA stating all the POFA fails in their NTK. Most of 14 (5) is not there for a starters. Then add in the unclear signage and require that they produce the contract that gives them the right to operate and charge at that location. A witness statement saying that a contract exists is insufficient.

[Nath.]

So you edit out that POLA code and then write an appeal to POPLA stating all the POFA fails in their NTK. Most of 14 (5) is not there for a starters. Then add in the unclear signage and require that they produce the contract that gives them the right to operate and charge at that location. A witness statement saying that a contract exists is insufficient.

Thanks,

forgive my ignorance (there is plenty of it)

The vehicle in question was not on HIRE as such but a company supplied vehicle on a lease via a leasing company. However MET is considering it as a hire vehicle as per their "notice to hirer so I play the HIRE game?



I assume that an apeal to POPLA should be orientated around the fact that in their original "notice to hirer" they didn't send any other documents with it?

Therefore just appealing to this part.......

14 (2) a
the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;


none of the below documents were sent with the NOTICE TO HIRER.

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

(3)The statement of liability required by sub-paragraph (2)(c) must—

(a)contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer;


Assuming that this is the correct plan of action then the next issue is to work out how to send such an appeal to POPLA.

Thanks.