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MET parking Stansted
StalyVegas
post Sat, 14 Jul 2018 - 16:18
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Good afternoon,
Got a notice to registered keeper this morning from MET parking. Car was parked at Southgate Park, Stansted on 22 June. There are some photographs of the registered keepers car being parked in the ‘Starbucks side’ and two people then walking towards McDonalds.
They have stated that the driver left the Southgate premises, even though all the outlets are adjoining.
There was no ticket on the windscreen and all their ‘evidence’ is from cameras.
As stated, the offence was on June 22 and the date of issue of the notice was 12 July.
They state that they don’t know the name or current address of the driver and have invited me to pay the unpaid parking charge or to name the driver of the vehicle and pass the notice on to them.
What is the best way to go about appealing this notice? Is there a template that can be used?
Thanks in advance.

This post has been edited by StalyVegas: Sat, 14 Jul 2018 - 17:21
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post Sat, 14 Jul 2018 - 16:18
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Eljayjay
post Sat, 14 Jul 2018 - 16:23
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Whatever you do at this stage, NEVER NEVER NEVER ignore a letter before claim/letter of claim - they are the same thing - or anything which you receive from the County Court Business Centre, Northampton or a Court.
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ostell
post Sat, 14 Jul 2018 - 16:36
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The first thing you should do is edit that first post so that the identity of the driver cannot be inferred. DO THIS NOW. You haven't read other threads in this forum have you?

They have issued the ticket too late (after 14 days) to hold the keeper liable and can only chase the driver, who they do not know unless you tell them.

This will be a simple bogoff response WHEN you edit that post. Otherwise you are snatching defeat out of the jaws of victory

Suggest you search for other Stansted Southgate threads.

The advice to ignore has not been suggested since 2012.

This post has been edited by ostell: Sat, 14 Jul 2018 - 16:38
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StalyVegas
post Sat, 14 Jul 2018 - 16:45
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QUOTE (ostell @ Sat, 14 Jul 2018 - 17:36) *
The first thing you should do is edit that first post so that the identity of the driver cannot be inferred. DO THIS NOW. You haven't read other threads in this forum have you?

They have issued the ticket too late (after 14 days) to hold the keeper liable and can only chase the driver, who they do not know unless you tell them.

This will be a simple bogoff response WHEN you edit that post. Otherwise you are snatching defeat out of the jaws of victory

Suggest you search for other Stansted Southgate threads.

The advice to ignore has not been suggested since 2012.

Thanks

This post has been edited by StalyVegas: Sat, 14 Jul 2018 - 17:22
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Jlc
post Sat, 14 Jul 2018 - 16:49
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MET run a mile when faced with an appeal about their lack of compliance with PoFA. They don’t do court either...


--------------------
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 Sat, 14 Jul 2018 - 21:21
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Perhaps this should b it:-

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered 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 deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

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.


See what comes back
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StalyVegas
post Sun, 15 Jul 2018 - 10:41
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QUOTE (ostell @ Sat, 14 Jul 2018 - 22:21) *
Perhaps this should b it:-

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered 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 deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

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.


See what comes back

Would this be all that I would write in the first appeal to MET?
I presume I’d need a lot more if it went further?
Cheers.
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kommando
post Sun, 15 Jul 2018 - 10:51
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QUOTE
Would this be all that I would write in the first appeal to MET?


Yes

QUOTE
I presume I’d need a lot more if it went further?


If they reject and issue a POPLA code then yes an extended appeal is best, but you are not limited by your initial short Bogoff to a single point, as it costs them if you go to POPLA its self defeating for them to reject anyway.
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StalyVegas
post Tue, 17 Jul 2018 - 13:12
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QUOTE (kommando @ Sun, 15 Jul 2018 - 11:51) *
QUOTE
Would this be all that I would write in the first appeal to MET?


Yes

QUOTE
I presume I’d need a lot more if it went further?


If they reject and issue a POPLA code then yes an extended appeal is best, but you are not limited by your initial short Bogoff to a single point, as it costs them if you go to POPLA its self defeating for them to reject anyway.

Going to put first appeal in this week.
Thought I’d just put the letter up and see if the short response is likely to finish this off.

Attached Image


Attached Image


This post has been edited by StalyVegas: Tue, 17 Jul 2018 - 14:17
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ostell
post Tue, 17 Jul 2018 - 13:55
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Take down those pictures and remove the reg number in the text then repost.

Yes that is sufficient, not delivered with in 14 days, no keeper liability.
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StalyVegas
post Tue, 17 Jul 2018 - 14:21
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Thanks.
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StalyVegas
post Fri, 17 Aug 2018 - 17:26
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I have had my appeal refused. They emailed me the following:
Interestingly they’ve told me they’ve processed my data fairly, as I mentioned in my email. Needless to say, I didn’t email but used their appeals process and I only quoted the fact that they were out time!

Thank you for your correspondence received in regards to the above parking charge notice. After careful consideration we have decided to reject your appeal for the following reasons:
The terms and conditions of use of the car park are clearly stated on signs prominently displayed in this area. These include that the car park is a pay by phone car park, that there is 60 minutes free stay for Southgate Park customers, while they remain on the premises only , that there is no free stay to visitors to premises not located in Southgate Park and that McDonald's is not in Southgate Park and that if you wish to park here and visit locations that are not in Southgate Park, such as McDonald's you must pay for parking from when you enter the car park . Your vehicle was recorded as remaining parked in this car park while the occupants were recorded walking off the site in the direction of McDonald's and no payment was made for parking therefore we believe the charge notice was issued correctly and we are upholding it.
Turning to the points you raised in your email:
We believe we may process the data as it is necessary for pursuing our legitimate interests in seeking payment of the outstanding charge notice revenue due to us.
This decision, which has been based on the facts of the case and takes into account our consideration of any mitigating circumstances, is our final decision. You have reached the end of our internal appeals procedure and you now have a number of options:

1. Pay or, if you were not the driver of the vehicle at the time of the incident, request the driver to pay the Parking Charge Notice at the prevailing price of £60 within 14 days of today’s date. Please note that after this time the Parking Charge Notice will revert to £100.
2. Make an appeal to POPLA, the Independent Appeals Service, within 28 days of the date of this letter by going to the online appeals system at: www.popla.co.uk using verification code: Please note that POPLA will consider the evidence of both parties and make their decision based upon the facts and application of the relevant law. Please note that if you opt to appeal to POPLA, and should POPLA’s decision NOT go in your favour, you will be required to pay the full amount of £100. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA as explained above.
3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with court action.
Yours sincerely
Appeals Department
MET Parking Services Ltd

I’ve seen a full appeal on MSE from cavalyman (https://forums.moneysavingexpert.com/showthread.php?t=5817314&page=2#topofpage) and thought I’d use that almost word for word. Should that suffice?
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Jlc
post Fri, 17 Aug 2018 - 17:53
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Ensure lack of keeper liability is first.

They won’t contest.


--------------------
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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cabbyman
post Fri, 17 Aug 2018 - 19:07
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Agreed. That will win for you.


--------------------
Cabbyman 11 PPCs 0
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StalyVegas
post Tue, 28 Aug 2018 - 09:20
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I am going to forward this as an appeal but thought I would just ask if there are any comments? Also, is it too long?

I have reattached, with links embedded. I have taken out the bit about Beavis as the link goes nowhere and I cannot find it anywhere else. Any comments would be most welcome.

Thanks in advance.
Attached File  PCN_Appeal1.pdf ( 212.24K ) Number of downloads: 340


This post has been edited by StalyVegas: Tue, 28 Aug 2018 - 10:48
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ostell
post Tue, 28 Aug 2018 - 09:53
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1) it is not authorised time it is relevant period.

2) You netion paragraph 8. This is only for windscreen tickets. I think you mean 9 (2) (a)


Your are using "Offence" I think "Breach would be better.

You have used links. I suggest you include the photos if this is for photos or the document, or part of it, if it is a document. You can't expect POPLA to be clever and go to external links. The links didn't work for me.

This post has been edited by ostell: Tue, 28 Aug 2018 - 09:56
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StalyVegas
post Tue, 28 Aug 2018 - 10:18
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QUOTE (ostell @ Tue, 28 Aug 2018 - 10:53) *
1) it is not authorised time it is relevant period.

2) You netion paragraph 8. This is only for windscreen tickets. I think you mean 9 (2) (a)


Your are using "Offence" I think "Breach would be better.

You have used links. I suggest you include the photos if this is for photos or the document, or part of it, if it is a document. You can't expect POPLA to be clever and go to external links. The links didn't work for me.


I have reposted with the links embedded. I have changed the paragraph number. When I submit I will put the 7 bolded headings into the reasons for appeal and then attach the the pdf.

This post has been edited by StalyVegas: Tue, 28 Aug 2018 - 10:50
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nosferatu1001
post Tue, 28 Aug 2018 - 12:24
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DO NOT USE LINKS

They will not follow them, or if they try, they may be blocked due to resitrctions on their work desktops.

So embed photos etc IN the appeal.
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StalyVegas
post Tue, 11 Sep 2018 - 20:10
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Just to say I got an email from popla informing me that:
MET Parking Services have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

All advice and signposting was gratefully received and used. Cheers to all.

This post has been edited by StalyVegas: Tue, 11 Sep 2018 - 20:16
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cabbyman
post Tue, 11 Sep 2018 - 20:12
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I wish I had put a fiver on that. The odds would have been very poor though!

Well done!


--------------------
Cabbyman 11 PPCs 0
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