MET Parking at McDonalds

nigelbb

Please please can you answer the questions? Did MET send you the following as required by POFA 2012? If they did not then it is not a valid NTH & in that case wait until the end of the timeout period (21 days after they were informed by Toyota that the vehicle was hired) then send them a challenge pointing out that fact. I will post the full section from POFA as regards hire vehicles in a separate post.

(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.

nigelbb

Here is the relevant section from POFA 2012. Check all the hoops that Met must jump through to hold the Hirer responsible for any unpaid parking charges. It already looks like they have failed to send all relevant documents. Any single point that does not comply exactly with POFA 2012 means that they cannot hold the hirer responsible & may then only chase the driver who the hirer is not obliged to name.

Hire vehicles
13 (1) This paragraph applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if:
(a) the vehicle was at the time of parking hired to any person under a hire agreement with a vehicle-hire firm; and
(b) the keeper has been given a notice to keeper within the relevant period for the purposes of paragraph 8(4) or 9(4) (as the case may be).
(2) The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given:
(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.
(3) The statement of liability required by sub-paragraph (2)(c) must:
(a) contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to
the hirer ;
(b) include an address given by the hirer (whether a
residential, business or other address) as one at which documents may be given to the hirer; (and it is immaterial whether the statement mentioned in paragraph (a) relates also to other charges or penalties of any kind).
(4) A statement required by sub-paragraph (2)(a) or (c) must be in such form (if any) as may be prescribed by the appropriate national authority by regulations made by statutory instrument.
(5) The documents mentioned in sub-paragraph (2) must be given by:
(a) handing them to the creditor;
(b) leaving them at any address which is specified
in the notice to keeper as an address at which documents may be given to the creditor or to which payments may be sent; or
(c) sending them by post to such an address so that they are delivered to that address within the period mentioned in that sub-paragraph.
(6) In this paragraph and paragraph 14:
(a) “hire agreement” means an agreement which:
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(b)
(i) provides for a vehicle to be let to a person (“the hirer”) for a period of any duration (whether or not the period is capable of extension by agreement between the parties); and
(ii) is not a hire-purchase agreement within the meaning of the Consumer Credit Act 1974;
any reference to the currency of a hire agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of any period specified in the agreement but otherwise on terms and conditions specified in it; and
(c) “vehicle-hire firm” means any person engaged in the hiring of vehicles in the course of a business.
14 (1) If:
(a) the creditor is by virtue of paragraph 13(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and
(b) the conditions mentioned in sub-paragraph (2) below are met, the creditor may recover those charges (so far as they remain unpaid) from the hirer.
(2) The conditions are that:
(a) the creditor has within the relevant period given the hirer a notice in accordance with sub- paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper ;
(b) a period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and
(c) the vehicle was not a stolen vehicle at the
beginning of the period of parking to which the unpaid parking charges relate.
(3) In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by paragraph 13(2) are given to the creditor.
(4) For the purposes of sub-paragraph (2)(c) a vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
(5)The notice to hirer must:
(a) inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer;
(b) refer the hirer to the information contained in the notice to keeper;
(c) warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid;
(d) inform the hirer of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(e) identify the creditor and specify how and to whom payment may be made; and
(f) specify the date on which the notice is sent (if it is sent by post) or given (in any other case).
(6) The documents mentioned in sub-paragraph (2)(a) must be given by:
(a) handing them to the hirer;
(b) leaving them at an address which is either:
(i) an address specified in the statement of liability mentioned in paragraph 13(2)(c) as an address at which documents may be given to the hirer; or
(ii) an address at which documents relating to civil proceedings could properly be served on the hirer under Civil Procedure Rules; or
(c) sending them by post to such an address
so that they are delivered to that address within the relevant period for the purposes of subparagraph (2)(a).
(7) In sub-paragraph (5)(d) the reference to arrangements for the resolution of disputes or complaints includes:
(a) any procedures offered by the creditor for dealing informally with representations by the hirer about the notice or any matter contained in it; and
(b) any arrangements under which disputes or complaints (however described) may be referred by the hirer to independent adjudication or arbitration.

Big_Ells

I have had no letter back from McDonalds, and MET have refused my letter saying I need to apply to POPLA

What are my options now?

Redx

when does any popla code expire ?

if its still valid, draft a popla appeal

ColliesCarer

1) Pay (which no-one here is advising)
2) Ignore and wait for 6 years to see if they pursue it to court
3) Submit a POPLA appeal to stand an excellent chance of getting it quashed

If you decide on option 3)
Take a look at NEWBIES post #3 for info about POPLA's
Use Search the Forum with search terms such as MET McDonalds POPLA to find recent POPLA appeals.
Have a read of recent POPLA DECISIONS thread (last page 1st and work backwards to also see POPLA appeals others have submitted
Draft your appeal and post here for help refining it

Big_Ells

Your appeal deadline is Mon Jul 13 2015
You have 25 day(s) remaining for your appeal to reach POPLA

Big_Ells

Is there a set response along with what is mentioned in post #3?

ColliesCarer

No set response as it needs to relate to your charge but there are key challenges to include if relevant to you

- amount is not a genuine pre-estimate of loss
- no standing or authority to levy charges and pursue through the courts in their own right
- NtH not compliant with POFA 2012 Sched 4 therefore no hirer liability
- Unclear non compliant signage therefore no contract with driver
plus others
There are lots of winning examples - select one to use as a base and amend to be specific to you

EDIT: Look back over posts from nigelbb to see how you can check that the Notice to Hirer was not POFA 2012 compliant - Include as many challenges as apply in your POPLA but this point alone is a slam dunk winner

Big_Ells

Will get a letter off today.
Thanks

ColliesCarer

Noooooo - don't rush it.

Draft your POPLA appeal (include as many challenges as are relevant - in addition to the non-compliant NtH) and post on your thread for the regulars to comment on before submitting

Also no need to post - appeals to POPLA can be submitted on-line via the POPLA web-site