Meteor parking charge at Railway for parking outside bay

ed_wood · 7 July 2014 at 4:39PM

I received a parking charge today for parking outside a parking bay at a train station car park today, along with about another 30 people!
No denying it, I wasn't in a bay. There weren't any but I was in no way blocking anyone's access. They shouldn't have sold me a ticket if they had no spaces.
Anyhow, there is no signage to indicate what is and isnt the correct bays and nothing along the wall myself and many other cars parked along to say it was no parking.
The ticket is with Meteor.
Should I send a standard letter or write something different as its for parking outside a bay?
Thanks, Ed

The_Slithy_Tove · 7 July 2014 at 5:19PM

Standard appeal as indicated by the NEWBIES thread. You may want to add other points, but "inadequate signage" is one of the standard appeal points anyway.

And as long as you are the registered keeper, you should await the Notice to Keeper.

Just to be sure, as it's a station car park, does it mention Byelaw 14 anywhere, and if so, what does it say? Also, does it mention Protection of Freedoms Act? Whether or not the ticket is issued under the Byelaws, the land is still subject to them, so no POFA, no keeper liability.

ed_wood · 7 July 2014 at 5:26PM

The_Slithy_Tove wrote: »

Standard appeal as indicated by the NEWBIES thread. You may want to add other points, but "inadequate signage" is one of the standard appeal points anyway.

And as long as you are the registered keeper, you should await the Notice to Keeper.

Just to be sure, as it's a station car park, does it mention Byelaw 14 anywhere, and if so, what does it say? Also, does it mention Protection of Freedoms Act? Whether or not the ticket is issued under the Byelaws, the land is still subject to them, so no POFA, no keeper liability.

It says on the newbie thread that meteor dont send out the notice to keeper and I should therefore send out a letter before receiving one. Is this correct?
There is no mention of Byelaw 14 or the protection of freedoms act on the ticket. It seems to be a standard Meteor ticket.

Coupon-mad · 7 July 2014 at 5:48PM

Could you confirm if the PCN mentions POPLA?

http://forums.moneysavingexpert.com/showthread.php?t=5003217

http://forums.moneysavingexpert.com/showthread.php?t=4923901

Epic reading there in those threads - do read the second one, all four pages! I stand by my assertion in the NEWBIES thread to send the appeal straight away, or around day 21 if you want to get technical. I think you will get the same hassle as louloukoi16 but she's leading the way!

ed_wood · 7 July 2014 at 6:16PM

Coupon-mad wrote: »

Could you confirm if the PCN mentions POPLA?

Epic reading there in those threads - do read the second one, all four pages! I stand by my assertion in the NEWBIES thread to send the appeal straight away, or around day 21 if you want to get technical. I think you will get the same hassle as louloukoi16 but she's leading the way!

Yes, the PCN mentions popla

Coupon-mad · 7 July 2014 at 6:39PM

So did all the others and then no POPLA materialised! You will see from louloukoi16's thread how to address the complaints, if you have to, but I am going to suggest a proactive approach to stop this, nip it in the bud.

What you could try is an early appeal written individually (not template style!) to say at the start:

' Re the 'parking charge notice number xxxxxxx affixed to my car recently at a Southern Railway station car park.

Firstly I must state that I am aware that there is a Trading Standards investigation and a formal DVLA and BPA complaint lodged at present, about your 'parking charge notices' offering POPLA and then turning into something completely different when SouthEastern follow them up with completely unfounded threats. As an AOS member you cannot issue 'parking charge notices' and later call them penalties. Nor can any Train Operating Company (TOC) assume that your PCNs are some sort of hybrid penalty notice when quite clearly they are not. This being Southern Railway, not SouthEastern, I am sure there will be no such shenanigans but seeing as your PCN is the same format and there is a lot of discussion on forums about your current modus operandi, I felt you should know that I expect nothing less than open communication and a POPLA code or cancellation from you. This matter is a private parking ticket and cannot be passed to the TOC.

So, here is my appeal as the keeper of this car:

- your charge is not a genuine pre-estimate of loss
- you don't own the car park so have no standing
- a 'parking charge notice' cannot morph into a penalty under byelaws
- an allegation of parking outside a bay isn't a byelaw matter anyway
- the signs at this site are wholly misleading about byelaws/contraventions

I suggest you cancel this ticket but if not, you are required to send me a POPLA code as promised in the wording of the 'PCN'. I remind you that the BPA Code of Practice says that 'drivers and keepers' can appeal to POPLA and I am the keeper. The driver will not be identified and there is no lawful reason for me to help you in that regard if you allege you formed a contract with that person. You have two choices, POPLA code or cancellation. Any other response will be added to the Trading Standards investigation and copied to the BPA and DVLA.

In my case, be warned that I will counter sue for any losses and damages I suffer that are caused by you - so please take formal note - you cannot lawfully follow this ticket up with a letter about Magistrates court nor allow the TOC to pursue the matter as if it were a penalty. Your misleading documents are well known and you won't be able to pursue this matter, except at POPLA where I will prevail. I expect an acknowledgement of this appeal within 14 days and a reply within 35 days, since one of us at least has read the BPA Code of Practice and I am thoroughly unimpressed by your online reputation so far.

yours,

ed_wood · 7 July 2014 at 6:53PM

Just read louloukoi16's thread, I guess this isn't going to be as simple as I originally thought. Oh, well, I enjoy I fight with parasitic scum!
Coupon mad, thank you so much for that letter, it's fantastic.
Should I wait 21 days or just send it straight away?
Is there any benefit of emailing or writing a letter?

Coupon-mad · 7 July 2014 at 6:57PM

I would wait till day 21 for various reasons which might be useful later if they don't cancel. A letter seems better for something like that! 1st class ordinary post (NOT SIGNED FOR to a PPC!) but get a free certificate of posting from the PO counter and keep it as your proof.

Is this SouthEastern?

ed_wood · 7 July 2014 at 7:18PM

Its southern not south eastern. Do you think that will make a difference?

Coupon-mad · 7 July 2014 at 7:25PM

Nope, I will change the letter a little as I think you MAY get POPLA. I have edited the letter but only send it if you are comfortable with it all (if not, then just dumb it down a bit - won't matter)! Send it on day 21.

Southern Railway is my area too and we haven't seen them try to same game as SouthEastern...yet!

ed_wood · 7 July 2014 at 8:01PM

Coupon mad, thank you so much. That is fantastic. I really cant thank you enough for the time you've spent writing that.
I will send the letter off in 21 days and will update when I hear back.
The most irritating thing is that as I drove out of the car park I noticed at least another 30 cars with tickets stuck to the windscreens, all for exactly the same reason. I'd imagine the majority must be paying so these b*****ds must be raking it in. I'm sure everyone was in the same situation as me. Paying for parking before getting into the car park or having permits. Getting into the car park and discovering there are no spaces but having no choice but to park as you have a train to catch. There was plenty of space where myself and plenty others parked that didn't block anyone's access but still we all got tickets.

Meteor parking charge at Railway for parking outside bay

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