KFC - Gatwick Airport - MET Parking Services

[all4one]

Hi

Popped into KFC after dropping folks off at the Airport, I have a withdrawal on my Revolut card to prove this. The Exit Barrier did have something saying Validate your ticket but I didn't really understand what it needed - the barrier then opened (I possibly pressed a button I don't remember) and out I drove. I've now received a Parking Charge of £60, which will go up to £100 from MET Parking Services - this is crazy why don't KFC have some systems to say I've used their services ? Anyway should I pay this or am I going to enter a long process of Appeal ? Thank so much

[des8]

Is this what happened:
My husband parked at KFC Gatwick Airport last night. As you enter, you are provided with a ticket from an entrance barrier (MET parking). He didn't notice any signs, nor any instruction at the machine that issued the ticket. After purchasing food, he returned to the car. There is then an approximate distance of 200 yards from the car park to the exit barrier. Once at the exit ba(thanks to MSE)rrier, it said to provide a validated ticket. He provided said ticket (not realising that it was KFC that had to validate it). At that moment, a message flashed up on the screen "please press button to accept unauthorised parking violation ;-) " (or words to that effect). There was actually a winking face on the message on the display screen!
My husband then pressed the button, (as you can't safely then reverse 200 yards with other vehicles behind), parked outside the barrier, and then walked back into the KFC to request the ticket be validated. The KFC staff scanned the ticket for him, and when he walked back to the ticket machine, it wouldn't accept the ticket that was now validated.
(thanks to MSE)

If that mirrors your experience, as KFC at Gatwick is a franchise, go back and tell the manager to instruct MET to cancel the PCN as their signs are not clear

On the other hand MET cannot transfer liability for unpaid charges from the driver to the registered keeper as that KFC is located on airport ground and so is not relevant land (cf PoFA2012 schedule 4.)

if you could post up a redacted photo of the NTK (leave in all dates and times) we could look to see if they have made any other errors
Photos of the signs (including the exit one!) could be useful if easily obtainable.

[all4one]

No, what happened is what I wrote - I didn't see any signs about validating tickets - I was probably in another world (Gatwick does that to me). It's not practical for me to drive back to the Airport either, as I said I have evidence of being in the KFC.

Attached redacted copy.

[des8]

What was the date of issue of the NTK?

Besides not being able to transfer liability as explained above, they have also not complied with PoFA2015 requirements to state a period of parking.

If your experience was not similar to the one I described in post 2, what did happen?
Where did you obtain the ticket which required validation?
Did you see any signs about the necessity to have it validated, or were you told about this requirement?
you suggested the barrier mentioned something about getting the ticket validated, but it was unclear and the barrier opened anyway.

This sounds as if you were set up to fail, but you will need to be very detailed about it.

Initially, I would write to MET along the following lines:

Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc


The chances are they will not accept it as a valid appeal, but you will be given the opportunity to appeal to PoPLA where you could well be successful if you get the right adjudicator!

Make sure you do not identify the driver when communicating with them

[all4one]

Is this also true " KFC Gatwick is on land under statutory control as it is within the airport boundary and therefore is not relevant land for the purposes of PoFA." ? I really don't remember much detail about the offence just that if it had been clear to me I would have obviously validated the ticket and I really didn't see any notices until something about Validating Ticket at the machine where I could hardly reverse back to the Car Park (even though at the time there was nothing behind me).

[des8]

Yes, it is true that the provisions of PoFA 2012 do not apply as it is not relevant land.

However that is only of use to you if they do not know who the driver was, hence the warning not to identify the driver.
Even on open forums it is best practice not to identify the driver as parking companies are known to scan them

The scenario around the issuing and validating of the ticket could be important if the driver is identified.
If the signage is unclear and set up for the driver to fail, they would have difficulty proving a contract had been formed
No contract means it could not be breached and so no valid charge made

[all4one]

I have now received this, what should be my next action ?

[des8]

Are you also posting on ftla.uk?
If not it is coincidental there is an almost identical thread running there, where the poster is being given good advice

If not you, don't worry about the latest letter, and appeal to POPLA
Their statement regarding KFC being on private land and so not falling under airport byelaws is b******S,
The land, even if privately owned falls within the airport boundaries and is subject to statutory control