Hi! It's the Naked Ape

[THe Naked Ape]

I just wanted to say a warm helloooooooo, to all my fellow legalbeaglers,


I am having issues with MET Parking, I have residents parking and have always paid direct debit for my parking space, never parked anywhere other than my allocated space.
I was not able to check on my car for over a month due to a prolapsed disk (I get this due to a degenerative disk condition) I noticed first on the 24th August 2016


I would be more than happy to share my full experience if permitted.



The Naked Ape .... Hugh

[charitynjw]

Re: Hi! It's the Naked Ape

Hi & welcome to LB.

[mystery1]

Re: Hi! It's the Naked Ape

As you are out of time for a MET appeal and thus a POPLA appeal then it's really a case of waiting to see if they take court action, which for them, would be unusual.

You could check your parking rights with the contract that you paid for to see if the rights you have mean the signs are worthless. http://nebula.wsimg.com/c269da31b314...&alloworigin=1

If the contract gives unfettered rights then complain to those you purchased that right from as well as their lapdogs MET.

M1

[THe Naked Ape]

Re: Hi! It's the Naked Ape

Thank you Mystery1,

I did send an appeal to MET parking which they have still not replied too, all I got back from them was the Parking Charge Reminder today dated as sent from the 9th November 4 days from postage with a remainder of 9 (Now almost 8) day's left to pay.
I am so angry that they completely ignored my appeal with no acknowledgement whatsoever.
Just a demand for money.

Please see below the acknowledgement of the appeal the only mistake being that it only states one PCN whereas I appealed for two.


Dear Mr Hill,
Thank you for submitting your appeal to Met Parking. This e-mail acts as acknowledgement of your appeal.
A letter of response will be sent to you in the post to the address you have provided in your appeal within 35 days from the date that the appeal was received.
We will however endeavour to respond to your appeal within 14 days but this may not always be possible.
If you have not received a response to your appeal after 35 days then please e-mail our Customer Services Department to check the status of your appeal at info@metparking.com.
PCN Number: AB4446*
Vehicle Registration: VA06MY*
Please note that any correspondence and decisions from the Appeals Department will be in writing and sent to the address provided in your appeal.
www.metparking.com


You mentioned, "You could check your parking rights with the contract that you paid for to see if the rights you have mean the signs are worthless".

I found this please see below,

Parking on your estate,
You must only park your vehicle in a parking space.
Each estate has differentparking-control systems in place, so you should ask your neighbourhood manager where you can park and what system is in place.
If you park your vehicle incorrectly it can be clamped, removed or destroyed.
Visitors can only park in visitor parking spaces, and they must display the relevant permit before they can park on the estate.
As well as meeting the parking conditions of your individual estate, you must also make sure that: >
any vehicle you own has a current tax disc on display, an MOT certificate and valid insurance; > the vehicle is safe to be driven; > you are not behind with your rent (we may take away your right to park if you are); and > you do not carry out vehicle repairs on the estate as this could cause a nuisance to your neighbours or damage our property.

As for the part of displaying a relevant permit I was I just did not know it had expired, I was still paying for this by direct debit and I was only parked in my designated space.
It also states that I must have a current TAX disk on display which I haven't, neither do any of the other cars asit is now a paperless transaction (automated) which I thought my permit renewal was I have it on continuous direct debit.

Any ideas most gratefully received.

Thanks


The Naked Ape (Hugh)

[mystery1]

Re: Hi! It's the Naked Ape

Ok well that's different.

Dear Arsehole,

WTF is going on, i'm getting hassled and my appeal hasn't been decided.

Yours etc

M1

[THe Naked Ape]

Re: Hi! It's the Naked Ape

Thank you Mystery1,

I did send an appeal to MET parking which they have still not replied too, all I got back from them was the Parking Charge Reminder today dated as sent from the 9th November 4 days from postage with a remainder of 9 (Now almost 8) day's left to pay.
I am so angry that they completely ignored my appeal with no acknowledgement whatsoever.
Just a demand for money.

Please see below the acknowledgement of the appeal the only mistake being that it only states one PCN whereas I appealed for two.


Dear Mr Hill,
Thank you for submitting your appeal to Met Parking. This e-mail acts as acknowledgement of your appeal.
A letter of response will be sent to you in the post to the address you have provided in your appeal within 35 days from the date that the appeal was received.
We will however endeavour to respond to your appeal within 14 days but this may not always be possible.
If you have not received a response to your appeal after 35 days then please e-mail our Customer Services Department to check the status of your appeal at info@metparking.com.
PCN Number: AB4446*
Vehicle Registration: VA06MY*
Please note that any correspondence and decisions from the Appeals Department will be in writing and sent to the address provided in your appeal.
www.metparking.com


You mentioned, "You could check your parking rights with the contract that you paid for to see if the rights you have mean the signs are worthless".

I found this please see below,

Parking on your estate,
You must only park your vehicle in a parking space.
Each estate has differentparking-control systems in place, so you should ask your neighbourhood manager where you can park and what system is in place.
If you park your vehicle incorrectly it can be clamped, removed or destroyed.
Visitors can only park in visitor parking spaces, and they must display the relevant permit before they can park on the estate.
As well as meeting the parking conditions of your individual estate, you must also make sure that: >
any vehicle you own has a current tax disc on display, an MOT certificate and valid insurance; > the vehicle is safe to be driven; > you are not behind with your rent (we may take away your right to park if you are); and > you do not carry out vehicle repairs on the estate as this could cause a nuisance to your neighbours or damage our property.

As for the part of displaying a relevant permit I was I just did not know it had expired, I was still paying for this by direct debit and I was only parked in my designated space.
It also states that I must have a current TAX disk on display which I haven't, neither do any of the other cars asit is now a paperless transaction (automated) which I thought my permit renewal was I have it on continuous direct debit.

Any ideas most gratefully received.

Thanks


The Naked Ape (Hugh)

__________________________________________________ __________________________________________________ __________________________________________________ ______________________________

"I Finally got a reply from Met Parking in regards to the POPLA appeal see below (and how do I reply?)



I just received a reply from POPLA


Your parking charge appeal against MET Parking Services.

We have now received MET Parking Services’s case file. If you have not received your copy then please contact MET Parking Services directly.

You have seven days from the date of this correspondence to provide comments on this file. You can do this on the track existing appeal area of our website.

Any comments that you make after this time may not be considered as part of the appeal process.

Once this time has passed we will progress the appeal for assessment. We will let you know when this happens.

Yours sincerely

POPLA Team


Below is what MET parking sent me minus my peronal details and photos which I am unable to upload.


Section A

Case Summary and Rules/Conditions
Location

Peabody Court
NW1

Terms and Conditions of Parking on Site – these terms can be seen on the
photograph of the sign attached in Section E
 Permit holders only
 Vehicles must clearly display a valid permit face up in the front windscreen at all
times
 Visitors must be parked within marked visitor bays and be clearly displaying a valid
visitor permit face up in the front windscreen at all times
 Vehicles must be parked within marked bays where available and not park in such
a way as to cause obstruction to others
 Vehicles parked in marked disabled bays must clearly display a valid disabled
badge and a valid permit face up in the front windscreen at all times.
Case Summary
The charge notice was issued for failing to display a valid permit.
This car park is managed using Parking Attendants.
Peabody Court is located in a controlled parking zone and as a result there is a
high volume of abuse from motorists who are parking on the site to visit other
establishments.
There are 20 signs in total in this car park which state the terms and conditions of
parking in this car park. The entrance sign measures 600mm x 800mm and all other
signs measure 600 x 450mm. All signs are made using Correx.
At 07:13 on 29th September vehicle VA06MYM was observed parked in the car park
without displaying a valid permit. At 07:24 the parking attendant issued a charge notice,
AB44465.
On 30th September we received an appeal from the driver:
Mr Hill
Peabody Court

London
NW1

The grounds of his appeal were that he was unaware he had to contact MET Parking for
a permit renewal. He also states that there are other vehicles in the car park that have
never received a parking charge notice despite contravening.
The appeals team investigated the appeal by reference to:
 The terms and conditions as clearly stated on the signs prominently displayed
around the car park, including that vehicles must clearly display a valid permit face
up in the front windscreen at all times;
 The photographic evidence that demonstrated there was no valid permit in the
windscreen;
 The decision tree agreed with our client.
On completing their investigations the appeals team sent a letter to Mr Hill on the 30th
September explaining that his appeal had been refused and why.


In his appeal to POPLA Mr Hill states:
1. When his permit expired, Mr Hill was convinced it would automatically be
reissued.
It is clearly stated on the back of all permits that ‘responsibility for applying for a
renewal of the permit rests with the holder’, please see the front and back of a
permit below. It remains the responsibility of the permit holder to check such
instructions and to comply with them. Even if Mr Hill had not read the instructions
on the back of the permit, the terms and conditions of parking on the site are
clearly stated on the signs prominently displayed at the entrances to and around
the car park, these include that vehicles must display a valid permit face up in the
front windscreen at all times. If Mr Hill knew his permit was due to expire on the
09/08/2016, it is his responsibility to ensure that he renews it and if unsure how
to, he should contact the relevant parties to find out. MET’s phone number is
included on the signs around the site so in addition to being able to contact the
housing association he could have contacted us.
The photographic evidence in Section E demonstrates that the permit displayed in
the windscreen of Mr Hill’s vehicle had expired, and Mr Hill has acknowledged that
he had not renewed his permit, therefore there was no valid permit displayed.
-- Front of permit
Back of permit --

2. He wishes to pay £1 in respect of the charge notice as opposed to the charge
notice value of £100.
Whilst Mr Hill relates the value of the charge notice to the cost of a visitor’s permit
this does not reflect the cost of issuing the charge notice and managing the parking
area. The value of the charge notice has been set to recover the above costs and
also to act in part to deter abuse.

The charge does not of itself need to represent a genuine pre-estimate of loss
arising from the specific parking event. The County Court, The Court of Appeal and
The Supreme Court in the case of Parking Eye v Beavis considered in great detail
whether the value of a parking charge notice needed to represent a genuine pre estimate
of loss and the enforceability of charge notices in respect of this and also
in respect of consumer protection legislation. All 3 courts held that a parking
charge need not represent a genuine pre-estimate of loss. The County Court held
that the charge notice was enforceable as it was commercially justifiable because
it was neither improper in its purpose nor manifestly excessive in its amount. This
principle and the value of the charge notice was tested subsequently in both the
Court of Appeal and The Supreme Court, The Supreme Court concluded that:
“…the £85 charge is not a penalty. Both Parking Eye and the landowners had a
legitimate interest in charging overstaying motorists, which extended beyond the
recovery of any loss. The interest of the landowners was the provision and efficient
management of customer parking for the retail outlets. The interest of Parking Eye
was in income from the charge, which met the running costs of a legitimate
scheme plus a profit margin.

Further, the charge was neither extravagant nor unconscionable, having regard to
practice around the United Kingdom, and taking into account the use of this
particular car park and the clear wording of the notices.” In this instance we
maintain that the signage is clear, prominently displayed and visible during hours
of darkness and daylight and the value of charge is in the region of the charge
deemed neither extravagant nor unconscionable by The Supreme Court.
Summary.

The terms and conditions are clearly stated on the 20 signs prominently displayed at the
entrance to and around the car park, including that vehicles must clearly display a valid
permit face up in the front windscreen at all times. Mr Hill has acknowledged that he did
not renew his permit therefore, there was no valid permit displayed in his front
windscreen and the charge notice was issued correctly. In light of the above, we believe
the appeal should be refused.
Section B
Parking Charge Notice (“PCN”)
Original Charge Notice


My argument is that I have always been paying for my permit my payments is by direct debit and in advance which has never stopped, I have always been in MY parking bay and my car has always been taxed, insured and MOT'd.
Previously permits were sent out by the other Parking enforcers or the by theTrust, I have always believed that this was the case.
Now I found out Met are telling my trust that they sent me a letter which is a lie they have never sent me anything of the sort they never mentioned this once to me I only found this out by speaking to a senior housing manager.
This is causing my untold grief my partner says just pay them the £200 but its a matter of principle why should I pay for something that I have been paying for throughout.(For those of you who asked I recently was sent a copy of the original parking agreement (Dec 2000) and reference to parking in my tenancy agreement (1997) please see below.)on the first page, it gives the name of the trust then states,

Parking spaces Licence registration form.

Area of parking -

Commencement date -

Weekly Charge -

My name -

My reference -

My address -

Signature of user - unsigned

Signature of witness - unsigned

Authorised by -signed and dated 13/12/2000




(Then on the next page.)


"The Trusts Name"

Reserved Parking Spaces

Terms of licence and rules.



1) The charge inclusive of rates for a reserved parking space on the estate is set out overleaf.

2) The charge is due weekly "in advance" to cover the period Monday morning to Sunday night, but for the Trust's tenant a is payable fortnightly with rent.

3) Notice to terminate the licence shall be one week on either side, but the Trust reserves the right to withdraw parking facilities on any part of the estate at its discretion and without notice.

4) Subletting or assignment is prohibited.

5) No nuisance or unnecessary noise shall be made and the parking space must not be used for any commercial purpose. Maintenance and repairs may only be carried out on the parking space if they do not cause annoyance to residents on the estate. Oil must not be allowed to fall onto the yards surface. At night cars must be driven and doors closed as quietly as possible.

6) A Key to the estate gate will be supplied to the licensee of each parking space. These remain the property of the Trust, and must be returned upon termination of the licence. Repayments for keys lost or mislaid will be charged for at £1.00 each

7) Vehicles are parked and driven on the estate entirely at the licensee’s own risk and the trust can accept no responsibility for any damage to or by a licensee’s vehicle howsoever caused.

8) The greatest care must be exercised driving across the estate yard where small children may be playing. The road exists near the parking space will be used. Care is particularly important when reversing.

9) The estate gates must be kept Closed and locked except when opened for the passage of the vehicle, or by the Trust's staff.

10) Parking facilities on the estate are limited and only vehicles with a valid excise License will be permitted to occupy parking spaces. If the superintendent reports that the vehicles are driven in a manner liable to be dangerous, or that the gates were left open the licence may be terminated forthwith.



Also in my Trusts Tenancy agreement article 19 for "Car Parking" it say's

Not to park motor cars or motor cycles or any other vehicles belonging to or driven by a tenant or his/her household upon the Estate except in authorised positions and upon conditions laid down by the Trust. The Tennant shall do his or her best to prevent unauthorised parking by visitors to their premises.

There is nothing else in the tenancy agreement about parking or about displaying permits.

Do I have rights in regards to my case?
Thanks again guy's.


TKA

[THe Naked Ape]

Re: Hi! It's the Naked Ape

I have tried to contactkati@legalbeagles.info but my message just keeps getting bounced back is there any other way to contact to help with my case?


Thank You

[THe Naked Ape]

Re: Hi! It's the Naked Ape

Mystery1 I finally got a copy of my parking lease/conditions/agreement from my Trust it is dated 13/12/2000


Parking spaces Licence registration form.

Area of parking -

Commencement date -

Weekly Charge -

My name -

My reference -

My address -

Signature of user - unsigned

Signature of witness - unsigned

Authorised by -signed and dated 13/12/2000




(Then on the next page.)


"The Trusts Name"

Reserved Parking Spaces

Terms of licence and rules.



1) The charge inclusive of rates for a reserved parking space on the estate is set out overleaf.

2) The charge is due weekly "in advance" to cover the period Monday morning to Sunday night, but for the Trust's tenant a is payable fortnightly with rent.

3) Notice to terminate the licence shall be one week on either side, but the Trust reserves the right to withdraw parking facilities on any part of the estate at its discretion and without notice.

4) Subletting or assignment is prohibited.

5) No nuisance or unnecessary noise shall be made and the parking space must not be used for any commercial purpose. Maintenance and repairs may only be carried out on the parking space if they do not cause annoyance to residents on the estate. Oil must not be allowed to fall onto the yards surface. At night cars must be driven and doors closed as quietly as possible.

6) A Key to the estate gate will be supplied to the licensee of each parking space. These remain the property of the Trust, and must be returned upon termination of the licence. Repayments for keys lost or mislaid will be charged for at £1.00 each

7) Vehicles are parked and driven on the estate entirely at the licensee’s own risk and the trust can accept no responsibility for any damage to or by a licensee’s vehicle howsoever caused.

8) The greatest care must be exercised driving across the estate yard where small children may be playing. The road exists near the parking space will be used. Care is particularly important when reversing.

9) The estate gates must be kept Closed and locked except when opened for the passage of the vehicle, or by the Trust's staff.

10) Parking facilities on the estate are limited and only vehicles with a valid excise License will be permitted to occupy parking spaces. If the superintendent reports that the vehicles are driven in a manner liable to be dangerous, or that the gates were left open the licence may be terminated forthwith.



Also in my Trusts Tenancy agreement article 19 for "Car Parking" it say's

Not to park motor cars or motor cycles or any other vehicles belonging to or driven by a tenant or his/her household upon the Estate except in authorised positions and upon conditions laid down by the Trust. The Tennant shall do his or her best to prevent unauthorised parking by visitors to their premises.

There is nothing else in the tenancy agreement about parking or about displaying permits.

Do I have rights in regards to my case?


Thank you.

[charitynjw]

Re: Hi! It's the Naked Ape

I have tried to contactkati@legalbeagles.info but my message just keeps getting bounced back is there any other way to contact to help with my case?

Have you tried kati@legalbeagles.info ?


Thank You

####

[Kati]

Re: Hi! It's the Naked Ape

I have tried to contactkati@legalbeagles.info but my message just keeps getting bounced back is there any other way to contact to help with my case?


Thank You

I've had nothing NA :sorry: ... are you sure you've got the email addy right (kati@legalbeagles.info)??

[mystery1]

Re: Hi! It's the Naked Ape

Mystery1 I finally got a copy of my parking lease/conditions/agreement from my Trust it is dated 13/12/2000


Parking spaces Licence registration form.

Area of parking -

Commencement date -

Weekly Charge -

My name -

My reference -

My address -

Signature of user - unsigned

Signature of witness - unsigned

Authorised by -signed and dated 13/12/2000




(Then on the next page.)


"The Trusts Name"

Reserved Parking Spaces

Terms of licence and rules.



1) The charge inclusive of rates for a reserved parking space on the estate is set out overleaf.

2) The charge is due weekly "in advance" to cover the period Monday morning to Sunday night, but for the Trust's tenant a is payable fortnightly with rent.

3) Notice to terminate the licence shall be one week on either side, but the Trust reserves the right to withdraw parking facilities on any part of the estate at its discretion and without notice.

4) Subletting or assignment is prohibited.

5) No nuisance or unnecessary noise shall be made and the parking space must not be used for any commercial purpose. Maintenance and repairs may only be carried out on the parking space if they do not cause annoyance to residents on the estate. Oil must not be allowed to fall onto the yards surface. At night cars must be driven and doors closed as quietly as possible.

6) A Key to the estate gate will be supplied to the licensee of each parking space. These remain the property of the Trust, and must be returned upon termination of the licence. Repayments for keys lost or mislaid will be charged for at £1.00 each

7) Vehicles are parked and driven on the estate entirely at the licensee’s own risk and the trust can accept no responsibility for any damage to or by a licensee’s vehicle howsoever caused.

8) The greatest care must be exercised driving across the estate yard where small children may be playing. The road exists near the parking space will be used. Care is particularly important when reversing.

9) The estate gates must be kept Closed and locked except when opened for the passage of the vehicle, or by the Trust's staff.

10) Parking facilities on the estate are limited and only vehicles with a valid excise License will be permitted to occupy parking spaces. If the superintendent reports that the vehicles are driven in a manner liable to be dangerous, or that the gates were left open the licence may be terminated forthwith.



Also in my Trusts Tenancy agreement article 19 for "Car Parking" it say's

Not to park motor cars or motor cycles or any other vehicles belonging to or driven by a tenant or his/her household upon the Estate except in authorised positions and upon conditions laid down by the Trust. The Tennant shall do his or her best to prevent unauthorised parking by visitors to their premises.

There is nothing else in the tenancy agreement about parking or about displaying permits.

Do I have rights in regards to my case?


Thank you.

http://parking-prankster.blogspot.co...l-parking.html

I would use that info and send a copy of the lease. Sadly though, you didn't appeal on this point so you may lose at popla. They'd have a devils own job winning at court though and that's provided they'd even try as there have been none involving Met that i'm aware of.

M1

[THe Naked Ape]

Re: Hi! It's the Naked Ape

I've had nothing NA :sorry: ... are you sure you've got the email addy right (kati@legalbeagles.info)??

I did here is the bounced reply -


Undeliverable: RE legalbeagles 'Met Parking'

P

postmaster@mail.hotmail.com


Reply|

Wed 07/12, 17:19
kati@legalbeagles.info














Inbox








This is an automatically generated Delivery Status Notification.

Delivery to the following recipients failed.

kati@legalbeagles.info



Any Idea why this is happening?


Thanks

[charitynjw]

Re: Hi! It's the Naked Ape

I've also just tried & the email failed to deliver (just as well.....if you could see what I sent, lol!)

I'll give [MENTION=49370]Kati[/MENTION] a nudge.

[Amethyst]

Re: Hi! It's the Naked Ape

I've also just tried & the email failed to deliver (just as well.....if you could see what I sent, lol!)

I'll give [MENTION=49370]Kati[/MENTION] a nudge.

Can you try admin@legalbeagles.info - it may be to do with the move of server recently. I'll check what's happening with kati's email.

[charitynjw]

Re: Hi! It's the Naked Ape

Can you try admin@legalbeagles.info - it may be to do with the move of server recently. I'll check what's happening with kati's email.

Done