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MET Parking Query (and YES I've read the forums but need help)
hazysunshine
Posts: 111 Forumite
Hello all,
Please let me first say that I have been reading many many posts on this forum, including the Newbies and Stickies BUT I am struggling to know which template letter to send and will explain why.
Background
I received an Out Of Bay ticket on my windscreen from MET parking back in November 2013. I ignored this (stupid I know, now that I've read the forums) and also ignored the subsequent letters from Roxburghe, Gladstones and Debt Recovery Plus (latest one dated 19th September saying I have until 3rd October to pay £150, threatening court action if I don't).
I have seen many posts about people with all the above companies hassling them and I now know that I have to appeal directly to MET Parking and should ignore all the other letters, is that right?
OK so which template letter to send? I have read the post "NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!**" and for the template it says to use this: -
Want a copy & paste template appeal that works? Use this version, suits all cases.
POINTS a)b)c)d)e) ARE NOT OPTIONAL - FOR ANY EVENT AFTER 13th JUNE 2014 THIS DOES NOT NEED PRUNING, SO USE THE WHOLE THING, NO NEED FOR A NEW THREAD TO TALK ABOUT IT!
POINTS 2 and 3 should only be removed if trying a late appeal re a parking event prior to 13th June 2014.
Bloggs PPC
Anystreet
Anytown
Dear Sirs
Re: PCN No. ....................
I refer to the above notice which I challenge as keeper of the car, on the following grounds:
a). The sum sought does not represent a genuine pre-estimate of any loss and yet it is intended as a deterrent, so the charge is a penalty. There is no commercial justification for the charge.
b). The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c). In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
d). Your notice was deficient and fails to comply with Schedule 4 of the Protection of Freedoms Act 2012.
e) Any contract with myself, or the driver, is denied.
The purpose of this communication is threefold:
1. This is my formal representation
There will be no admissions as to who was driving that day and no assumptions can be drawn in the absence of evidence. I have decided to appeal this as keeper and as such, you must either rely on the POFA 2012 or you must cancel the charge if you know you cannot claim keeper liability in this case. Please uphold this challenge or send a rejection letter, so I can escalate this matter to the independent appeal service offered by your Trade Body.
2. ''Drop hands'' offer
The alleged 'parking charge' is baseless but I understand that you will have incurred nominal costs in the mostly automated process of issuing a Notice/letter. Equally, I have incurred costs to date, for researching the law, reading your Notice & handling the matter and responding, despite a lack of any contract existing in a durable form. I calculate both my costs and yours to be under £15 at this early stage. Therefore, this is a formal “drop hands” offer as my costs and yours so far, are similar. Withdraw your charge within 35 days of receiving this offer and I will not pursue you for my costs.
3. Notice of my withdrawal from this alleged contract
I hereby give notice that I am exercising my right to withdraw from the alleged contract (the validity of which is denied) for the apparent parking event described in your Notice. The alleged contract was never properly offered or explained by you, nor was any service from you expressly requested by the driver or by me - and it is hereby cancelled. Any obligations now end, save in the case of an independent appeal being offered to me at this stage by you.
If I avail myself of that provision then my notice of withdrawal extends merely to undertake that process in the interests of good faith. But my alleged obligations end immediately after the decision (whatever the outcome) made by the IAS or POPLA.
Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract. A contract derived merely from a sign is at best based upon implied consent/performance (which is also denied). Nor was the driver or myself informed in a clear and comprehensible manner, of the right to withdraw from a consumer contract and the duration and manner in which this could be done. Nor did your signs/Parking Charge Notice state certain information required for a contract, such as (but not limited to) the name and geographical address of the client on whose behalf you are acting as agent. Nor did you serve the required contractual information by durable means prior to the parking event.
As such, you have breached the information requirement of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 which took effect from 13th June 2014. Businesses which offer consumer contracts must abide by UK consumer law. If you have any doubt in this regard or about these Regulations, I recommend you seek legal advice and I look forward to your considered reply within 35 days.
Yours faithfully
{the registered keeper's name}
My confusion is around this "POINTS a)b)c)d)e) ARE NOT OPTIONAL - FOR ANY EVENT AFTER 13th JUNE 2014 THIS DOES NOT NEED PRUNING, SO USE THE WHOLE THING, NO NEED FOR A NEW THREAD TO TALK ABOUT IT!
POINTS 2 and 3 should only be removed if trying a late appeal re a parking event prior to 13th June 2014."
As my 'parking ticket' was November 2013, do I only omit Points 2 and 3? So my letter would read as follows: -
Bloggs PPC
Anystreet
Anytown
Dear Sirs
Re: PCN No. ....................
I refer to the above notice which I challenge as keeper of the car, on the following grounds:
a). The sum sought does not represent a genuine pre-estimate of any loss and yet it is intended as a deterrent, so the charge is a penalty. There is no commercial justification for the charge.
b). The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c). In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
d). Your notice was deficient and fails to comply with Schedule 4 of the Protection of Freedoms Act 2012.
e) Any contract with myself, or the driver, is denied.
The purpose of this communication is threefold: (how should I write this if there's only one point?)
1. This is my formal representation
There will be no admissions as to who was driving that day and no assumptions can be drawn in the absence of evidence. I have decided to appeal this as keeper and as such, you must either rely on the POFA 2012 or you must cancel the charge if you know you cannot claim keeper liability in this case. Please uphold this challenge or send a rejection letter, so I can escalate this matter to the independent appeal service offered by your Trade Body.
POINTS 2 and 3 REMOVED
If I avail myself of that provision then my notice of withdrawal extends merely to undertake that process in the interests of good faith. But my alleged obligations end immediately after the decision (whatever the outcome) made by the IAS or POPLA.
Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract. A contract derived merely from a sign is at best based upon implied consent/performance (which is also denied). Nor was the driver or myself informed in a clear and comprehensible manner, of the right to withdraw from a consumer contract and the duration and manner in which this could be done. Nor did your signs/Parking Charge Notice state certain information required for a contract, such as (but not limited to) the name and geographical address of the client on whose behalf you are acting as agent. Nor did you serve the required contractual information by durable means prior to the parking event.
As such, you have breached the information requirement of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 which took effect from 13th June 2014. Businesses which offer consumer contracts must abide by UK consumer law. If you have any doubt in this regard or about these Regulations, I recommend you seek legal advice and I look forward to your considered reply within 35 days.
Yours faithfully
{the registered keeper's name}
In conclusion, should I use the template as originally posted (nothing removed) or the one where I've removed Points 2-3??
I see that, especially with MET parking, people refer to Daisy's template but I can't find that? I read it on this page https://forums.moneysavingexpert.com/discussion/4896495
I hope that this shows you that I have read these forums and I'm not being lazy and just posting this. I genuinely do not know which template to send, and also if I should send other letters to the other companies (Roxburghe, Gladstones and Debt Recovery Plus)?
Should I write this letter to them?
https://forums.moneysavingexpert.com/discussion/comment/64750464#Comment_64750464
Thanks in advance
Please let me first say that I have been reading many many posts on this forum, including the Newbies and Stickies BUT I am struggling to know which template letter to send and will explain why.
Background
I received an Out Of Bay ticket on my windscreen from MET parking back in November 2013. I ignored this (stupid I know, now that I've read the forums) and also ignored the subsequent letters from Roxburghe, Gladstones and Debt Recovery Plus (latest one dated 19th September saying I have until 3rd October to pay £150, threatening court action if I don't).
I have seen many posts about people with all the above companies hassling them and I now know that I have to appeal directly to MET Parking and should ignore all the other letters, is that right?
OK so which template letter to send? I have read the post "NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!**" and for the template it says to use this: -
Want a copy & paste template appeal that works? Use this version, suits all cases.
POINTS a)b)c)d)e) ARE NOT OPTIONAL - FOR ANY EVENT AFTER 13th JUNE 2014 THIS DOES NOT NEED PRUNING, SO USE THE WHOLE THING, NO NEED FOR A NEW THREAD TO TALK ABOUT IT!
POINTS 2 and 3 should only be removed if trying a late appeal re a parking event prior to 13th June 2014.
Bloggs PPC
Anystreet
Anytown
Dear Sirs
Re: PCN No. ....................
I refer to the above notice which I challenge as keeper of the car, on the following grounds:
a). The sum sought does not represent a genuine pre-estimate of any loss and yet it is intended as a deterrent, so the charge is a penalty. There is no commercial justification for the charge.
b). The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c). In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
d). Your notice was deficient and fails to comply with Schedule 4 of the Protection of Freedoms Act 2012.
e) Any contract with myself, or the driver, is denied.
The purpose of this communication is threefold:
1. This is my formal representation
There will be no admissions as to who was driving that day and no assumptions can be drawn in the absence of evidence. I have decided to appeal this as keeper and as such, you must either rely on the POFA 2012 or you must cancel the charge if you know you cannot claim keeper liability in this case. Please uphold this challenge or send a rejection letter, so I can escalate this matter to the independent appeal service offered by your Trade Body.
2. ''Drop hands'' offer
The alleged 'parking charge' is baseless but I understand that you will have incurred nominal costs in the mostly automated process of issuing a Notice/letter. Equally, I have incurred costs to date, for researching the law, reading your Notice & handling the matter and responding, despite a lack of any contract existing in a durable form. I calculate both my costs and yours to be under £15 at this early stage. Therefore, this is a formal “drop hands” offer as my costs and yours so far, are similar. Withdraw your charge within 35 days of receiving this offer and I will not pursue you for my costs.
3. Notice of my withdrawal from this alleged contract
I hereby give notice that I am exercising my right to withdraw from the alleged contract (the validity of which is denied) for the apparent parking event described in your Notice. The alleged contract was never properly offered or explained by you, nor was any service from you expressly requested by the driver or by me - and it is hereby cancelled. Any obligations now end, save in the case of an independent appeal being offered to me at this stage by you.
If I avail myself of that provision then my notice of withdrawal extends merely to undertake that process in the interests of good faith. But my alleged obligations end immediately after the decision (whatever the outcome) made by the IAS or POPLA.
Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract. A contract derived merely from a sign is at best based upon implied consent/performance (which is also denied). Nor was the driver or myself informed in a clear and comprehensible manner, of the right to withdraw from a consumer contract and the duration and manner in which this could be done. Nor did your signs/Parking Charge Notice state certain information required for a contract, such as (but not limited to) the name and geographical address of the client on whose behalf you are acting as agent. Nor did you serve the required contractual information by durable means prior to the parking event.
As such, you have breached the information requirement of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 which took effect from 13th June 2014. Businesses which offer consumer contracts must abide by UK consumer law. If you have any doubt in this regard or about these Regulations, I recommend you seek legal advice and I look forward to your considered reply within 35 days.
Yours faithfully
{the registered keeper's name}
My confusion is around this "POINTS a)b)c)d)e) ARE NOT OPTIONAL - FOR ANY EVENT AFTER 13th JUNE 2014 THIS DOES NOT NEED PRUNING, SO USE THE WHOLE THING, NO NEED FOR A NEW THREAD TO TALK ABOUT IT!
POINTS 2 and 3 should only be removed if trying a late appeal re a parking event prior to 13th June 2014."
As my 'parking ticket' was November 2013, do I only omit Points 2 and 3? So my letter would read as follows: -
Bloggs PPC
Anystreet
Anytown
Dear Sirs
Re: PCN No. ....................
I refer to the above notice which I challenge as keeper of the car, on the following grounds:
a). The sum sought does not represent a genuine pre-estimate of any loss and yet it is intended as a deterrent, so the charge is a penalty. There is no commercial justification for the charge.
b). The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c). In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
d). Your notice was deficient and fails to comply with Schedule 4 of the Protection of Freedoms Act 2012.
e) Any contract with myself, or the driver, is denied.
The purpose of this communication is threefold: (how should I write this if there's only one point?)
1. This is my formal representation
There will be no admissions as to who was driving that day and no assumptions can be drawn in the absence of evidence. I have decided to appeal this as keeper and as such, you must either rely on the POFA 2012 or you must cancel the charge if you know you cannot claim keeper liability in this case. Please uphold this challenge or send a rejection letter, so I can escalate this matter to the independent appeal service offered by your Trade Body.
POINTS 2 and 3 REMOVED
If I avail myself of that provision then my notice of withdrawal extends merely to undertake that process in the interests of good faith. But my alleged obligations end immediately after the decision (whatever the outcome) made by the IAS or POPLA.
Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract. A contract derived merely from a sign is at best based upon implied consent/performance (which is also denied). Nor was the driver or myself informed in a clear and comprehensible manner, of the right to withdraw from a consumer contract and the duration and manner in which this could be done. Nor did your signs/Parking Charge Notice state certain information required for a contract, such as (but not limited to) the name and geographical address of the client on whose behalf you are acting as agent. Nor did you serve the required contractual information by durable means prior to the parking event.
As such, you have breached the information requirement of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 which took effect from 13th June 2014. Businesses which offer consumer contracts must abide by UK consumer law. If you have any doubt in this regard or about these Regulations, I recommend you seek legal advice and I look forward to your considered reply within 35 days.
Yours faithfully
{the registered keeper's name}
In conclusion, should I use the template as originally posted (nothing removed) or the one where I've removed Points 2-3??
I see that, especially with MET parking, people refer to Daisy's template but I can't find that? I read it on this page https://forums.moneysavingexpert.com/discussion/4896495
I hope that this shows you that I have read these forums and I'm not being lazy and just posting this. I genuinely do not know which template to send, and also if I should send other letters to the other companies (Roxburghe, Gladstones and Debt Recovery Plus)?
Should I write this letter to them?
https://forums.moneysavingexpert.com/discussion/comment/64750464#Comment_64750464
Thanks in advance
0
Comments
-
Point 3 is 4 paragraphs long if that helps!
After e) just say:
This is my formal representation
There will be no admissions as to who was driving that day and no assumptions can be drawn in the absence of evidence. I have decided to appeal this as keeper and as such, you must either rely on the POFA 2012 or you must cancel the charge if you know you cannot claim keeper liability in this case. Please uphold this challenge or send a rejection letter, so I can escalate this matter to the independent appeal service offered by your Trade Body.
Whilst it takes a little, time to get on board, if you read point 3 carefully, you should have realised that all 4 paragraphs belonged to it.Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.0 -
Thanks for your reply Dee140157 - much appreciated.
Shall I bother sending any letters to either Roxburghe, Gladstones and Debt Recovery Plus? i.e. one likes this? ---->https://forums.moneysavingexpert.com/discussion/comment/64750464#Comment_64750464
Finally - is there anything else I should do?
Thanks a lot0 -
Hello,
I haven't yet sent any letters to Met parking or the debt chasing companies and have now received a Notice of intended court action from Debt Recovery Plus.
Shall I continue and send the template letter above anyway and ignore DRP's latest letter?
Also, do I send it recorded, or registered?
Thanks0 -
As you have read the forums, you will know that DRP's threats are hollow, and you should not engage with them (except maybe to tell them where to go). And you will also know that sending any post registered/recorded is a waste of money and potentially counter-productive (they can refuse to sign, in which case it was never delivered). Free certificate of posting from the Post Office is the way to go.0
-
Neither - and there's no such thing as registered post any more (not for years).Also, do I send it recorded, or registered?
Just get rid of the sentence in red and remove the numbering.The purpose of this communication is threefold: (how should I write this if there's only one point?)
1. This is my formal representationPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks both of you, I shall send my letter and post any responses here.0
-
Hello
I'm about to send a 'robust letter' to Debt Recovery Plus (last letter received October 2014) as suggested here https://forums.moneysavingexpert.com/discussion/4814108
Do I also send one to Gladstones (the solicitors) even though their last and only letter was received back in February 2014?
The same question for Roxburghe - last and only letter received in January 2014?
Note - I have already written to Met parking a few days ago (letter at top of this thread)
Thanks as always0 -
No - let sleeping dogs lie and fester in their own flea ridden pit.Do I also send one to Gladstones (the solicitors) even though their last and only letter was received back in February 2014?
The same question for Roxburghe - last and only letter received in January 2014?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »No - let sleeping dogs lie and fester in their own flea ridden pit.
Ha ha OK CM!
So should I crack on and send this letter to Debt Recovery Plus?
1 - letter to debt collectors (newlyn, debt recovery plus etc)
Name
Address
Date
Dear Sirs
Parking Charge Number xxxxx
I refer to your letter of [insert date], and earlier correspondence.
Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.
Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:
http://www.justice.gov.uk/courts/pro...action_conduct
Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.
In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.
I trust that I have made myself clear.
Yours faithfully
PRINT NAME0 -
Failure to do so will result in a complaint to the Credit Services Association.
Pretty sure DRP are not members any more. Check the CSA list. If they are not, then you can complain to the DVLA that this PPC is using a debt collection firm which is wholly unregulated and as such you understand this is a breach of the PPC's KADOE registration.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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