MET Parking at McDonalds

Guys_Dad

Then you have not had a Notice to Keeper as Toyota had that. They have followed POFA and sent you a notice to hirer which transfers the liability to you as the hirer. As such,Nigel is incorrect with the out of time point.

You are left with the choice of fighting this yourself or passing the liability to the driver.

You might like to investigate if their contract is actually with the landowner or a tenant such as McDonald. Only the landowner can engage and authorise a PPC unless the tenant is allowed to in their lease. A very important point when appealing on the No Valid Contract point.

Big_Ells

I am happy to fight this myself. Would I be recommended to send the letter off the sticky but remove all the POFA 2012 sections?

nigelbb

My mistake but the the OP said they had a NTK not a Notice To Hirer. In which case the rules are somewhat different. If MET sent you only a NTH then they have still failed to establish liability under POFA as there are other documents that must be provided as per POFA paragraph 13(2)

(a) a statement signed by or on behalf of the vehicle- hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
(b) a copy of the hire agreement; and
(c) a copy of a statement of liability signed by the
hirer under that hire agreement.

OP please can you tell use exactly what has been sent to you?

Big_Ells

That may have been my fault not understanding the difference.

Unfortunately I cannot post an image or link to the PCN. But it is a PCN stating us as the hirer with just the company name and address, no names, stating an over stay at a McDonalds, £100 fine or £50 if you pay in X days.

It does say:
'If you were not the driver of the vehicle on the day of the above Parking Charge Notice was issues please provide us with the full name and current postal address of the driver within 29 days of the date of this correspondence or alternatively pass the notice to them.'

Redx

Big_Ells wrote: »

1) Unfortunately I cannot post an image or link to the PCN. But it is a PCN stating us as the hirer with just the company name and address, no names, stating an over stay at a McDonalds, £100 fine or £50 if you pay in X days.

2) It does say:
'If you were not the driver of the vehicle on the day of the above Parking Charge Notice was issues please provide us with the full name and current postal address of the driver within 29 days of the date of this correspondence or alternatively pass the notice to them.'

not true, you are making an assumption there

1) you can host a pic of the redacted pcn (or scan) on tinypic or photobucket , then you add the url to this thread but change the link from http to hxxp , this makes it a dead link, a regular here will fix it for you in a subsequent post

we tell people this dozens of times every week on here, as its a common mistake

2) as for the pcn, yes they will tell you to nominate the driver, that is what they want you to do, its a phishing trip

just because they tell you to do something, doesnt mean you must do so, but they are hardly likely to show you their cards in this game of blind mans buff poker

Big_Ells

In that case
hxxp://i.imgur.com/qitVWhA.jpg
hxxp://i.imgur.com/r8COt1l.jpg

I have no plans on giving them any further details, I really need advice on the best way to respond.

Thanks

Redx

clicky links

http://i.imgur.com/qitVWhA.jpg

http://i.imgur.com/r8COt1l.jpg

as stated on the scans, they contacted toyota and were given the hirers details, hence the NtH ; to the hirer (you)

as hirer you can either appeal yourself or provide the KEEPERS (or drivers) details to absolve yourself under POFA 2012

ideally they would like the drivers details, but you do not necessarily know who was driving the vehicle (it could have been ME driving it)

as hirer you can use the template letter and appeal it in the usual manner, as keeper

knowing who and how to respond is always dependent on having the full and correct information, so far what you have given us was a bit ambiguous due to a lack of knowledge, hence having the pictures helps us determine who has told who what

half of this thread would not exist if the correct details or the scans had been provided in post #1, but you will know next time , lol

my post #2 was correct except I mentioned toyota possibly being liable, but clearly they know what they are doing and so are not liable as they told MET who the hirer was

Big_Ells

I think naively I thought it was a bit more clear cut than it actually is, totally my fault.
I'm hoping I won't need to ask next time

Can I leave the refrence to POFA 2012 in the letter?

So I will send off the latter today, I plan to send a short letter to McDonalds head office with a copy of the letter to MET, is that worth it, or am I just wasting paper?

Redx

deffo complain to the landowner or retailer, trying to get a cancellation, that goes without saying but is often overlooked by people

leave POFA 2012 in , as the clock was reset when they issued you with this notice

Big_Ells

Thanks Redx you've been a real help. I was just going to file it in the bin, glad I didn't now.