MET PCN - question after reading NEWBIES thread

Jamesebastian

Hello Chaps

So I received a PCN from MET (£100 reduced to £50 if paid within 28 days) blah blah blah.

You probably guessed that I have no intention on paying this (hence why I've joined this forum).
It was from McDonalds in Kettering.

Now I've read the newbies thread and umkomaas walk through thread and the first step is to contact the manager of the wonderful establishment known as McDonalds (pardon my sarcasm). Which I have done, I am waiting for a response.

However, in the walk through guide it highlighted two concerns for me:

1) If it was an ANPR camera incident and the first correspondence you've received is the NtK, this needs to be received within 14 days of the incident; as above, dates very important, retain all paperwork.

I don't know if I was caught by this type of camera. On the PCN I have a link to metreview.co.uk and viewed the pictures, of which there are four (two shots of the number plate zoomed in, and one picture of me entering and exiting). On the entrance picture it is negligible whether or not the plate is readable but on the exit picture, there is absolutely no way. None of the black letters/number can even be seen, it is entirely invisible (probably due to the night vision camera, taken at 11:30pm).


OK. So the car is a long term lease. I am the registered keeper (not the registered owner) and my son was driving at the time.

Also the PCN date of issue was 05/02/2014 and the letter states "a parking charge notice was issued to the registered keeper of the above vehicle who has provided us with your name and address and advised us that you were the hirer of the vehicle on 29/01/2014"

I received the letter on 17 March. Is this void as it is outside of the 14 days?

Also, I don't understand the discrepancy of dates. The photo's show the date being 29/01/14 but the date of issue is 05/02/14

da_rule

The date of issue is when the PCN was actually printed off/posted to the hire company. The hire company has 28 days to name you as the hirer and then the parking company have 14 days to issue a PCN to you so it would appear they are in time.

You need to appeal, using the template in the Newbies sticky thread. You need to adapt it to say 'usual keeper' rather than registered keeper, or you could refer to yourself as 'the hirer' as the Protection of Freedoms Act does refer to 'hirer'.

HO87

da_rule wrote: »

The date of issue is when the PCN was actually printed off/posted to the hire company. The hire company has 28 days to name you as the hirer and then the parking company have 14 days to issue a PCN to you so it would appear they are in time.

You need to appeal, using the template in the Newbies sticky thread. You need to adapt it to say 'usual keeper' rather than registered keeper, or you could refer to yourself as 'the hirer' as the Protection of Freedoms Act does refer to 'hirer'.

@da_rule - I suggest you check para. 14 Schedule 4 POFA again. A creditor has 21 days (Day of receipt = Day 0) after their receipt of the "relevant documents" from the keeper within which to serve a "Notice to Hirer" and not 14 days as you have stated. In addition, the hirer has only 21 days from the service of the NtH to respond.

@ Jamesebastian - Are you the registered keeper in the sense that you hold a copy of the Vehicle Registration Document (V5C) and are recorded as the keeper on it?

As for his appeal the OP need only identify himself as the hirer - that is what the Act refers to and he satisfies that definition whether he is the "keeper" of the vehicle or not and whether or not the he was in possession of the vehicle on the day in question is not relevant at this point.

da_rule

Ok then, so the PPC get a week longer than I stated.

I would say that seeing as the documents were served on the hire company that they are the keepers on the V5, otherwise the the DVLA would have given the OP's details.

HO87

da_rule wrote: »

Ok then, so the PPC get a week longer than I stated.

Quite. The OP in this thread will be guided appropriately but you should keep in mind those who come to read this thread in a week, a month or six month's time. They may just be misled, if as we see very frequently, they skim read.

da_rule wrote: »

I would say that seeing as the documents were served on the hire company that they are the keepers on the V5, otherwise the the DVLA would have given the OP's details.

Correct but the OP has thrown something of a spanner into the works with the comment:

Jamesebastian wrote: »

I am the registered keeper (not the registered owner) and my son was driving at the time.

(my emphasis)

da_rule

But the OP also draws a distinction between registered keeper and registered owner. The hire company will be the registered keeper (or as the OP refers to them 'owner') and the OP may be the usual keeper as this is a long term hire so similar to a company vehicle etc.

Jamesebastian

HO87 wrote: »

@ Jamesebastian - Are you the registered keeper in the sense that you hold a copy of the Vehicle Registration Document (V5C) and are recorded as the keeper on it?

I am going to be of no use now. I can't find a V5, so I am assuming that I am not listed as the recorded keeper and that the leasing company were initially contacted and they have forwarded my details to MET.

Jamesebastian

HO87 wrote: »

Correct but the OP has thrown something of a spanner into the works with the comment:
(my emphasis)

Like da_rule said. I only said this to distinguish between registered keeper and registered owner, as it is a lease car.

da_rule

The V5C is the log book, which you probably won't have if it's a hire car. Just appeal on the basis of being the hirer. This still doesn't identify you as the driver as someone else could have been driving it.

Coupon-mad

I received the letter on 17 March. Is this void as it is outside of the 14 days

Nope because they contacted the lease firm first. And a late NTK doesn't become 'void' anyway. Just use the template appeal in the NEWBIES thread but change 'registered keeper' to 'hirer'.

Jamesebastian

Just a quick update. I received an email from the manager of McDonalds, stating the parking charge had been terminated.


Just goes to show. Reading the Newbie thread and following the steps laid out really does work.


Cheers MSE and all the peeps that helped me