Meteor Parking Charge Notice (PCN) - Railway station

Clongerman · 26 June 2014 at 10:26AM

I have received a PCN on my car window. I park at a train station fairly regularly and pay via the automated telephone or text service, first thing yesterday morning I parked up but had an issue paying by phone/text, I boarded my train and unfortunately I simply forgot that I had not completed the payment as normal.

I am actually happy to send the usual daily tariff retrospectively (£7.20), I have read all the thread and I have a question on my next steps;

The Newbies thread is very helpful but is it best to..

a) simply send the amount of £7.20 immediately (as the 'keeper') and request for the charge to be cancelled by using the template letter within the thread, or b) send the template letter after 21 days as also suggested in respect of Meteor, or c) wait for NtK letter??

Any advice will be gratefully received - many thanks

ColliesCarer · 26 June 2014 at 11:39AM

There is no point paying the tariff retrospectively and could work against you - they won't cancel the parking charge anyway and it would be an admission that payment wasn't made at the time.

The Newbies thread which it seems you have read, already answers your other questions

Consider waiting for the postal 'Notice to Keeper' in MOST cases, unless it is NCP or Meteor or WING or a small PPC like 'JAS' or 'JD Parking Consultants' or 'UCS parking Ltd' or 'P4Parking aka Nighthawk' who faff about sending debt collector letters and don't even send a NTK. If so, latest advice is to avoid the debt collector rubbish and in the case of the firms listed above, appeal after around 21 days but as the KEEPER, not driver, using the same template below.

Follow the advice and you will be able to get this charge cancelled.

As this was a Railway car park, it is probably covered by bylaws and if so there is no keeper liability as Railway land is not relevant land under POFA 2012 Schedule 4.

So you could add a point 4 to the 1st appeal template letter in the NEWBIES thread

4) no keeper liability - not relevant land under POFA 2012 Schedule 4.

Then send it off around day 21 (making sure it will arrive close to but before day 28) - send from the Post Office and ask for a free Certificate of Posting

You can also use the Search This Forum function for other examples of people dealing with Meteor, if you use the station name too you may well find specific examples for the same car park.

Clongerman · 26 June 2014 at 12:14PM

Thanks ColliesCarer - appreciate the reply..

I will follow the advice and send the letter off on day 21.

Cheers

Clongerman · 26 June 2014 at 2:40PM

HI ColliersCarer - heres my letter ready to go day 21............

VINCI Park Services UKLtd

CustomerSupport Centre

POBox 2466

WATFORD

WD181XH

DATE

DearSir/Madam

Meteor Parking Ltd – PCN number XXXXXXXXX

I have received your parking 'invoice' impersonating a parking ticket. Idecline your invitation to pay or name the driver, neither of which arerequired of me as the keeper of the vehicle. This is my appeal and allliability to your company is denied on the following basis:

I. Theamount is neither a genuine tariff/fee for parking, nor is it based upon anygenuine pre-estimate of loss to your company or the landowner.

II. Youare not the landowner and do not have the standing to offer contracts todrivers nor to bring a claim in your own right.

III. Yoursignage was not sufficiently prominent nor clearly worded and consideration didnot flow from both parties, so there was no contract formed. This is anon-negotiated and totally unexpected third party 'charge' foisted uponlegitimate motorists who are not your customers, therefore it is required to beso prominent that it must have been seen/accepted by the driver. Noreasonable person would have accepted such onerous parking terms and I contendthe extortionate chargewas not 'drawn to hisattention in the most explicit way' (Lord Denning, Thornton v Shoe Lane ParkingLtd [1971] 2 QB 163, Court of Appeal): 'The customer is bound by those terms aslong as they are sufficiently brought to his notice beforehand, but nototherwise. In {ticket cases of former times} the issue...was regarded as anoffer by the company. That theory was, of course, a fiction. No customer ina thousand ever read the conditions.In order to give sufficient notice, it would need to be printed in red ink witha red hand pointing to it - or something equally startling.'

As you have failed to create any enforceable contract I suggest that you cancelthis unjustified 'ticket’. If not, under your Trade Body's current Code ofPractice you must issue a rejection letter which, in order to answer my appeal,must include:

1. The legal basis of yourcharge, which is not clear (i.e. breach, trespass or contractual fee?). Askeeper, I cannot be expected to guess the basis of your allegation.

(i) if alleging breach of contract,please supply a breakdown of your alleged 'loss' and state the intention ofyour enforcement (i.e. deterrent or revenue?).

(ii) if alleging trespass, enclose evidence of the perpetrator, proof of theliquidated damages alleged and the calculation of this sum by the landholder.

(iii) if alleging 'contractual fee' I request a VAT invoice by return and yourexplanation of how you can allow drivers to park 'in breach' for a fee whenyour client originally contracted you in order to disallow and deter - notallow and profit from - unauthorised parking.

I contend this charge is merely a penalty which is not recoverable in contractlaw (as found by Mr Recorder Gibson QC in the case of Civil Enforcement vMcCafferty 3YK50188 (AP476) 21/2/2014 Appeal). Should you try to rely uponParkingEye v Beavis & Wardley at independent appeal stage, I will ofcourse point out that it was a flawed decision at small claim level so is notbinding, and Mr Beavis is continuing his defence to the Court of Appeal. Thereis clearly no commercial justification for this punitive charge and no case lawto support it.

2. Proof of your locus standi tooffer contracts to drivers at this site and to bring a claim in your own rightfor this particular contravention. If you are not the landowner, I will need tosee a copy of your contract, showing the restrictions, the charges, the datesand terms of business including any payments between yourself and your clientand the definition of your status as agents or contractors and your assignedrights (if any). Such detail is necessary for me to make an informed decision.Failure to divulge your landowner contract (or heavily redacting it) will bedeemed as withholding pertinent information and, of course, I will require itto be shown at independent appeal stage anyway. A witness statement will notsuffice, nor a site agreement with a managing agent or other party who is notthe landowner.

3. Your explanation of theconsideration that you believe flowed from the driver, and from yourselves.Consideration from both sides is required for a contract.

4. A copy of the signage sitemap and close-up pictures of the signs in situ at the time, taken at acomparable time of day in similar light conditions.

5. The means to make an appealto POPLA. This must not be withheld or delayed, which would be a breach of theCode of Practice.

If you fail to simply cancel the charge or supply the means to independent appealin your first reply you will also be reported to BPA and the DVLA. Acertificate of posting will be obtained for all written communications for thisappeal and complaint and I intend to claim my costs when I prevail.

Yours sincerely

X SURNAME
Registered keeper

Coupon-mad · 26 June 2014 at 4:04PM

VINCI Park Services UKLtd

? Thought it was Meteor?

Also, read the whole thread posted by louloukoi16 which you must have seen as it's near yours right now and I assume you read some relevant threads about Meteor tickets first?

bod1467 · 26 June 2014 at 4:05PM

Is this a cut-n-paste and not read it scenario?

Clongerman · 26 June 2014 at 9:57PM

Yes bod1467 cut n paste from the Newbies sticky thread the template

M_C it is Meteor parking Ltd but the address right at the bottom for sending payment is Vinci. Ticket is exactly same as louloukoi I think will double check again now. Newbies thread says to wait 21 days with meteor and send the template letter?

Clongerman · 26 June 2014 at 11:40PM

So what is the general opinion with this case;

On the ticket is states that appeals must be received by 28 days

A) wait for the NtK.. And then send appeal template letter?
Or

send appeal template letter at 21 days?

Coupon-mad · 27 June 2014 at 1:30AM

send appeal template letter at 21 days.

IMHO there is no advantage in waiting for a NTK that we think will never come in that format, better to appeal reasonably early. But then I would say that as I wrote the NEWBIES thread!

Meteor Parking Charge Notice (PCN) - Railway station

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