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Hi my husband has just received a parking charge for parking at McDonald's 9remaining on site for 16 minutes, being longer than the period of parking that had been paid for or without authorisation' He said that there are signs up that say one hour of free parking. He actually went into the car park to get a coffee but when he got there Starbucks had shut and he wasn't sure if he faced a McDonald's one - the truth is he knew he would end up getting a burger. So he never actually got a coffee and drove back out. Has he got the charge because he didn't actually buy anything as he did not stay longer than the hour - he was 16 minutes.
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issued because the whole setup is designed to rip the motorist off.
Could you please post up a redacted photo of the Parking Charge Notice.
Remove identifying details, but leave in all dates & times.
Here's an "interesting" article for you https://www.theguardian.com/money/20...southgate-park -
Hi thank you very much I'm trying to upload a photo but it is not workingComment
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Here we go thank you for your helpComment
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My husband also had to reset his electric vehicle which was the delay in driving off - not sure if this will help my caseComment
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All your husband needs to do is write to MET as follows:
I have just received your Parking Charge Notice xxxxx for vehicle VRM xxxx
I am the registered keeper of the vehicle, and as such I am not liable for the charge.
You are aware the location is subject to statutory controls and therefor is not relevant land for the purposes of the Protection of Freedoms Act 2012.
Accordingly only the driver is liable for any alleged breach of the parking terms & conditions and as I am under no legal obligation to reveal the identity of the driver 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
first class post with free certificate of posting from a post office
If they don't accept your appeal you should win at POPLAComment
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Thank you so much for your help - I will let you know how I got on. This kind of thing should be stopped as he never even got out his car.Comment
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Hi we just received a reply which I am going to appeal against. He was actually not even in McDonald's car park and star bucks was shut at the time of the incident which was why he drove out. He never even left his vehicle. Starbucks shuts earlier on a Monday than any other day of the week as it shuts at 8pm. He intended to get a coffee but couldn't if it was shut so is he still classed as a customer?Comment
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I would be grateful for any help - thank youComment
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a POPLA appeal on the basis of the letter you sent to MET should win .
I'm out today, but will draft something up later for you.
Just make sure you do not identify the driver.Comment
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What was the issue date of that Notice to Keeper?
Don't bother to answer.. just seen it was 23.12.2024!Comment
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So to POPLA I would be writing along the following lines:
I am appealing about a Penalty Charge Notice issued by MET Parking Services Ltd to me, as the registered keeper, for an alleged breach by the driver at the time of the company's terms and conditions in the Southgate Park Car Park at Stansted, CM24 1PY on the XXXXXX.
The driver has not been identified and remains unknown to the parking operator
POPLA Ref: xxxxxxx
MET PCN Ref: xxxxxxxxx
VRN: xxxxxxxxxx
1. A POFA 2012 compliant Notice to Keeper was never served so no Keeper Liability can apply
2. The appellant, not being the driver, avers the conditions of POFA 2012 Sch4 need to be complied with to transfer liability for any unpaid charges from the driver to the keeper
3. The land is within the boundary of Stanstead airport and is under statutory control. as indicated in attached Design and Access Statement of July 2023
(you will need to download and mark up the position of the car park for the assessor https://assets.publishing.service.go..._-_checked.pdf)
4.As such the land is not relevant land (as defined by POFA2012 Sch 4 para3) so keeper liability as per POFA 2012 Sch 4 cannot apply
I understand this situation is not unknown to POPLA assessors, so I anticipate a quick resolution in my favour
Yours etcComment
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Thank you I will let you know how he got on. Should I state the driver never left the vehicle? He intended to buy a coffee but Starbucks was shut so he made a quick call while his electric vehicle was rebooting.Comment
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I'm old school and don't have an electric car, but surprised to read this vehicle needed "rebooting" after a short stop.
I don't see any point mentioning the reason for the delay, but your choice. Just make sure you do not identify the driverComment
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