Help getting off MET parking fine.

da_rule

Yes to both. What you have received is a Notice to Driver. They hope that the driver will just pay up. When they don't they can then (thanks to the Protection of Freedoms Act 2012) contact the registered keeper (using a Notice to Keeper - NtK) to attempt to extort payment.

Half_way

Oh no!!! not Code 6, code 6, Code 6!!!!
Arhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!

while it may be something that needs attention its nothing that should be treated deadly serious.
you have had a ticket placed on your vehicle that probably looks suspiciously like a real parking ticket, unless the vehicle is rented or you are not the registered keeper wait for them to write for you.
while you wait take a good read into the ins and outs of private parking tickets.
you could also try and track down the landowner/car park owner and complain to them as they will be able to cancel the ticket without the hassle of POPLA and so on.

Danny30

Please forgive my naievity, but what I don't understand is why I need to wait for the notice to owner. Would it not be the same thing to just write my appeal from this notice to driver?. Won't they will surely reject it anyway and give me a POPLA number?

Also don't I have to send my complaint within a certain time period?

da_rule

The reason why you wait is because under the Protection of Freedoms Act it is much harder to make the registered keeper liable than it is if the parking company can identify the driver, if for example someone has responded to the notice to driver. Also, it gives them more chances to mess things up, more rope to hang themselves with. You have an appeal period for the notice to driver and another appeal period following the notice to keeper also.

Danny30

da_rule wrote: »

The reason why you wait is because under the Protection of Freedoms Act it is much harder to make the registered keeper liable than it is if the parking company can identify the driver, if for example someone has responded to the notice to driver. Also, it gives them more chances to mess things up, more rope to hang themselves with. You have an appeal period for the notice to driver and another appeal period following the notice to keeper also.

But surely the appeals with POPLA won't be affected by them knowing if I am the driver or not. If my argument is Genuine Estimate of earnings, Signage, e.t.c. would it make much of a difference to them accepting that argument, even if they know that I am the driver?

da_rule

If you want to appeal it now then do it. There's a reason we advise to do things a certain way, because it works.

LondonGal

I suspect you'd be successful if you appealed now, as none of your arguments are driver dependent, but waiting is not going to harm your case.

HO87

LondonGal wrote: »

I suspect you'd be successful if you appealed now, as none of your arguments are driver dependent, but waiting is not going to harm your case.

Not entirely correct.

Given that all that has been issued so far is a Notice to Driver were the OP to appeal now then the PPC are better able to argue that they were the driver at the time. Not a given but why help make their case for them?

In the past, admittedly pre-POFA, some PPC's launched proceedings against keepers relying on the burden of proof in civil courts - balance of probabilities - and went on to win. Whilst the issue may be ducked when replying to documents how many would be prepared to "duck" (i.e. lie) when confronted by a judge?

The recommended approach thus provides far fewer hostages to fortune.

Danny30

HO87 wrote: »

Not entirely correct.

Given that all that has been issued so far is a Notice to Driver were the OP to appeal now then the PPC are better able to argue that they were the driver at the time. Not a given but why help make their case for them?

In the past, admittedly pre-POFA, some PPC's launched proceedings against keepers relying on the burden of proof in civil courts - balance of probabilities - and went on to win. Whilst the issue may be ducked when replying to documents how many would be prepared to "duck" (i.e. lie) when confronted by a judge?

The recommended approach thus provides far fewer hostages to fortune.

Does this mean I would have a higher chance of being dragged to court, if I waited for the notice to owner and replied, or if I replied now to the notice to driver?

Redx

the NEWBIES thread clearly explains why you wait for an NTK and do not identify yourself as driver

being impatient will not help your case and in fact can make things worse

for example, lets say they took 4 to 6 months to send the NTO , then it breaks POFA 2012 , meaning the owner isnt liable , only the driver. if the driver has not responded and they do not know the drivers details, they cannot take the RK to court

let them make the mistakes, not you

this is what you asked

Help getting off MET parking fine.

so why make it easy for them to get you ? the help you have had is designed to answer the thread title