MET Parking Services - bad picture

Burlington

Hello everyone and a Happy New Year to one and all.

I recently received a 'ticket' from MET Parking Services.

Under the title "Vehicle Entering Site and Registration No" there is a time captured image of my car with its number plate displayed. Separately there is also an image of the number plate itself.

There is also a title "Vehicle Exiting Site and Registration No". Underneath is an image of a car, but the photo was taken in the dark and there is no registration number visible. There is however a separate picture of the car's number plate (but not matched to a particular time).

My question is whether I should use this as grounds for any soft and then official (POPLA) appeal, as they had not proved that it was my car leaving at their stated time. Or should I rely on the more tried and trusted route of arguing that the parking charges do not represent a genuine pre-estimate loss.

Thoughts and advice gratefully received.

With thanks

Stroma

No as it's mitigation and you will not win on that point alone, do a soft appeal like the one below, add that the images are not clear if you wish but it won't be considered IMO

Dear MET,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter

Faithfully

Coupon-mad

You could mention the unreliable ANPR evidence at both stages - but not as your only point because the PPC would only have to show POPLA how the pic of the number plate relates to the dark picture of the car, and that point will have been rebutted. ANPR unreliability is covered here in post #22:

https://forums.moneysavingexpert.com/discussion/4816165

...you could add to that, your own contention that the pictures of car and number plate are separate in the evidence photos so the whole photo evidence is flawed.

And always include 'unclear signage' as well, because that point and an ANPR point makes the PPC have to jump through all sorts of hoops of maps/photos as proof, only to lose! But your main winners will be 'no GPEOL' and 'no legal standing or authority', demanding the landowner contract.

spacey2012

POPLA fully support parking companies falsifying evidence, in fact they even encourage and pay to train them how to provide false evidence to beat motorists with.
Don't you POPLA ?
Shame, Shame on you.

4consumerrights

@ Burlington - your main objective at this point is to either get the parking charge cancelled or get a POPLA code.

IMO - I would recommend using the letter Stroma suggested in post two but would change the last sentence from:

Please issue your cancellation within 35 days of this letter

to:

In view of the above, you are invited to either cancel this parking charge now or to issue a POPLA code within 35 days of this letter.

and add the point about unreliability of the ANPR photographic evidence.

Big_Bad_Dad

Burlington wrote: »

Or should I rely on the more tried and trusted route of arguing that the parking charges do not represent a genuine pre-estimate loss.

Thoughts and advice gratefully received.

With thanks

Happy New Year to you as well.

What you said there, you mention definitely. That is your ground for denying the charge rather than admitting you "appeal" which is to accede to their authority.

Nobody ever said your representation is to focus solely on one matter. You can if you so wish throw the book at them from A to Z. But you cannot rely on it if you wish it to be cancelled. Those pigs will accept nothing. But when they issue your POPLA number you can then repeat your qualms and be sure that the Not Genuine Pre-estimate of Loss citation will put it in the bag for you. No parking company is able to calculate its losses consistently with what they seek.

Burlington

Thanks to everyone for their responses. I went down the tried and tested approach of 'GPEOL' and 'lack of authority to issue' route, in addition to the 'bad photo' claim.

Rather predictably I received an appeal rejection from our friends at MET Parking Services.

Regarding GPEOL they have written "Our charge notice represents a claim for liquidated damages and the sum we are seeking to recover has been calculated as a genuine pre-estimate of loss and reflects the anticipated recovery of the direct costs of enforcing adherence to the terms and conditions of parking on that site".

Would I be right in thinking that this does not actually represent any evidence or explanation to demonstrate that this is, in fact, a pre-estimate of loss?

Regarding the authority claim they have written "We note that you have requested a copy of the contract between ourselves and our client, however, we do not believe that it is necessary to provide this at this stage. Should the matter proceed to court we will provide all necessary paperwork, redacted as appropriate, to support our claim as creditor."

Does that mean that they won't disclose the contract in the POPLA appeal process?

So now I move onto the POPLA appeal. Are there any recommended POPLA appeal letters (on the basis of GPEOL and Authority) that someone could point me to?

Many thanks again.

Redx

it means they will address points you make at popla, or their versions of "facts", including redacted contracts and stupid accounts of how they justify the charges etc ( or they may not even submit them)

dont worry about it

just follow the links in the NEWBIES sticky thread for successful popla appeals and find one that suits your case , edit it in notepad, then post a redacted copy on here for checking before sending it in to popla

I assume you now have a valid 10 digit popla code ?

bod1467

"I am claiming £50 in liquidated damages from you because reading your thread took me away from my work and impacted on the quality of my output to my customers".

Do you believe me? Can I prove that?

Now, what is your opinion of the MET response?

bod1467

Redx wrote: »

I assume you now have a valid 10 digit popla code ?

Can you check it against the POPLA Code Checker and let us know if it says it is valid?

http://www.parkingcowboys.co.uk/popla-code-checker/

Or just tell us the last 4 digits of the code?

http://www.parkingcowboys.co.uk/popla-code-checker/

Burlington

Checked on the parkingcowboys code checker. It appears valid.