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Unable to appeal or pay my PCN
Mag1234
post Fri, 28 Feb 2020 - 00:03
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Hi
I really need some genuine advice.

My vehicle overstayed at a McDonald's carpark. I know somebody who was able to get her PCN cancelled by speaking to the manager, so I've tried speaking to several managers and emailing McDonald's but they wouldn't help.

So I appealed to MET parking, the issuer.

3 months later, I got a letter (dated 29th January 2020) stating I had exhausted my appeals options and the popla appeal is now not an options o I should pay £100 within 14 days.

Then a letter from debt recovery plus (dated 13th February 2020) was sent to me demanding £175. So they didn't give me the 14 days. I decided to go back to the met website to appeal again, stating I didn't receive the rejection letter, and tried calling MET relentlessly for 2 days, but they wouldn't pick up.

In the end, I decided to go onto the met website to pay the £100 that they said I owed them, but I wasn't able to get to the payment option because it was "stopped".

Please help. This is causing numerous sleepless nights. I'm starting to get the shivers thinking about debt recovery and possibly going to court.

This post has been edited by Mag1234: Tue, 3 Mar 2020 - 23:54
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post Fri, 28 Feb 2020 - 00:03
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Jlc
post Fri, 28 Feb 2020 - 07:40
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Debt collectors are completely powerless - ignore them.

MET themselves are not currently litigious - I wouldn’t give them a penny.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Fri, 28 Feb 2020 - 08:56
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So what was your appeal to MET? Did you identify the driver, Yes or No?

Post up the PCN suitably redacted but leave dates.

Complain to the BPA that MET were late rejecting your appeal and did not give you a POPLA code.
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Mag1234
post Fri, 28 Feb 2020 - 15:59
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Thanks for the replies.

I did not identify the driver.

I pointed out that the sign was at a junction which would be hard to read as full concentration is required. Where the vehicle was parked there was no sign there and the fact that the limit was reduced from 90 to 60 minutes was only displayed on the first sign where full concentration on the road was required.

I have left a message to BPA, and made a second appeal to met pointing out that they hadn't provided an initial response.

The PCN contains photos of the vehicle entering and leaving the car park with time stamps. It says there are clear signs with the stay limit displayed. It mentions paragraph 9(2)(b) of section 4 and wants payment 29 days within the date of the letter.

I'm just worried about going to court because I don't know if they would reply, and I've read elsewhere that BPA basically told them there's nothing that can be done.

Any further advice would be appreciated
Thanks
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ostell
post Fri, 28 Feb 2020 - 18:31
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So post up the NTK suitably redacted as requested and we can see what POFA requirements have been missed and no keeper liability
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Mag1234
post Mon, 2 Mar 2020 - 00:08
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Hi
This is the pcn
"On the xx 2019 Vehicle xxxxxx entered the (224) McDonald's, Whittlesford Service Station, Whittlesford C82 AHD car park at 1926 and departed xx.

The signage, which is clearly displayed in prominent places throughout the carpark states that this is private land , the car park is operated by MET parking Services Limited and that the maximum free stay authorised is 60 minutes, along with other terms and conditions of the car park by which those who park in the car park agree to be bound.

By remaining in the car park for longer than the stay authorised or without authorisation in accordance with the terms and conditions set out in the signage the parking charge is now payable

You are notified under paragraph 9(2)(b) of Schedule 4 of the protection of freedoms act 2012 that the driver of this vehicle is required to pay the parking charge in full. As we do not know the driver's name or and current postal address of the driver and pass this notice to them.

You are warned that if after 29 days from the date of this warning is given (which is presumed to be the second workibg day after the parking charge issue date) the parking charge has not been paid in full and we do not know both the full name and current address of the driver we have the right to recover any unpaid part of the charge from you. This warning is given to you under paragraph (9)(2)(f) of schedule 4 of protection of freedom act 2012 and is subject to our complying with the applicable conditions of schedule 4 of the act.

Should you provide an incorrect address for service or should you identify someone who denies they were the driver, we will pursue you for any parking charge amount that remains unpaid.

Further information including how to pay the right to appeal ett can be found on the reverse of this notice"
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ostell
post Mon, 2 Mar 2020 - 07:44
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So date of "offence" and date of the notice?

Missing the invitation to keeper and didn't identify the creditor. Both POFA fails and no keeper liability

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Mag1234
post Tue, 3 Mar 2020 - 00:43
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Thank you Ostell.

The date of offence was 08/10/19 and date of letter was 14/1/19, so it was within date.

So the problem here is they said they would recover charges from me, but didn't mention its because I'm the keeper? And although it says the car park is operated by met parking, they haven't mentioned who actually gets the money ( No creditor)?

I have already complained to BPA and MET's complaints email address, should I wait for a reply before stating these points? I'm tempted to just do it now.

Thanks again for your help
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nosferatu1001
post Tue, 3 Mar 2020 - 12:19
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yuor complaint to the BPA - you enclosed evidence that they
- waited three months to deny appeal
- did not send a POPLA code

YES or NO

Given you didnt ID the driver, edit ALL your posts so we cant work out who drove. THE DRIVER parked....
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Mag1234
post Tue, 3 Mar 2020 - 23:56
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Nosferatu1001, yes I didn't hear back for 3 months, but it wasn't a rejection, it was a final payment demand.

BPA replied today asking for all correspondence, and that they may contact MET.
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Mag1234
post Wed, 11 Mar 2020 - 20:12
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I got my PCN cancelled.

Since my last post, I emailed BPA who asked for all the details and evidence. They then told me to wait 14 days for a response. In that time, I received a letter from MET, dated 1 day before BPA messaged them. The letter told me to contact the debt collectors.

So, feeling pushed against the wall, I called McDonald's customer services and told them how met parking have treated metalking to me. The lovely customer service advisor called the McDonald's in question, and they told her that they have already cancelled the PCN back in February after I tweeted them for help. But I still received the letter from met telling me that the debt collectors are dealing with it!

To all of those who are in the same situation, where you know you are not in the wrong, do not give up. Contact the McDonald's branch and speak to different managers, tweet McDonald's and call their customer services number for help.

Thank you to all of you who replied when I needed it
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nosferatu1001
post Thu, 12 Mar 2020 - 12:03
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So it was cancelled and MET kept chasing?
THat is anothe rcomplaint to the BPA, and an obvious DPA2018 breach
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Mag1234
post Thu, 12 Mar 2020 - 12:48
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Yes it was cancelled on 11th Feb, but they still passed it to the debt collector.

I will email BPA these details.

I have also contacted my MP regarding this matter.
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nosferatu1001
post Thu, 12 Mar 2020 - 14:27
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Email WITH PROOF of what youre saying. Ask what sanctions they will place on MET for this breach of the DPA and code of practice.
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