Met parking charge notice when I visited Mcdonalds twice

Umkomaas

'I visited' doesn't mean 'I drove' which could identify the driver. Post your initial appeal up here and we'll tell you if there's any weak points.

hellp

This is what I mentioned in the initial appeal:
I am making this appeal and challenging this parking charge notice because I would like to state that I visited the McDonalds (Twice) within the timescale of the pictures shown and I would be very grateful if you could fully and thoroughly investigate this matter and view pictures taken on the 5/6/16, the vehicle entering and leaving the first time and the vehicle entering and leaving the second time because I know mistakes can be made and I would like a full written apology for the inconvenience this has caused me. Otherwise I will take further action against this parking charge notice myself.
Thank you.



Then they asked for more proof and I asked for the logs of the ANPR for the 5/6/16 of the so called incident and I never got logs.

hellp

and then I sent the following:

23/06/2016

Dear Sir/Madam,

Re: PCN No. MPxxxxxxxx

I’m challenging this Parking Charge Notice as keeper of the vehicle and I will complain to the landowner about the matter if it is not cancelled.

I believe your faulty ANPR system is in error and has failed to record multiple (2) visits to the car park on the date of the alleged contravention.

The driver has entered the car park on the alleged entry time recorded by your faulty ANPR system (05/06/2016 20:19) and has exited the site after approximately 15 minutes of the alleged recorded entry time. The driver then returned to the car park approximately 10 minutes prior to the alleged exit time recorded by your faulty ANPR system and has exited again on the alleged exit time recorded by your faulty ANPR system (05/06/2016 23:17).

Therefore I challenge this Parking Charge Notice since the alleged reason for the contravention stated as ‘Parked for longer than the maximum period permitted’ is deemed false and falls under fraud attempt. Your access of the DVLA database was therefore without cause.

You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

hellp

Any Weak points please in the above two posts before I appeal to POPLA...


Thanks in advance


All this headache for what :mad: :eek:

Umkomaas

hellp wrote: »

Any Weak points please in the above two posts before I appeal to POPLA...


Thanks in advance


All this headache for what :mad: :eek:

Not specifically.

Time to get on with researching and drafting your first stab at your POPLA appeal. Let us have a look at the initial draft.

Coupon-mad

I think your appeals were OK and the driver wasn't identified unless you appealed ONLINE and chose 'driver' in any drop down menu??!

If not, if you are sure, then it would be a good idea to start your POPLA appeal with the words:

I am appealing as the registered keeper in this case, where I have chosen to exercise my right not to identify the driver(s). However, as this case involves TWO visits to this site and on both occasions I was an occupant of the car, I can present an honest witness account of the fact that we visited twice that day. This was stated in two appeals sent to MET, the second one even gave them timings, yet they failed to cancel the wrongly-issued PCN.

(then launch into the usual appeal points you will find all over other 'POPLA ANPR' or 'POPLA MET' threads).

And I would put 'no keeper liability' as number one and include in it the added observation that para 7(3) of Schedule 4 of the POFA states that:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).

As such, this case fails because there were TWO periods of parking because the car drove out at (approx time) then returned at (approx time) (can you evidence the fact the car left and was elsewhere? Witness statement?).

hellp

Will continue with the popla draft and then post it here, thanks coupon-mad.
There was another person in the car would they count as a witness, lives about 5 minutes from the Mcdonalds???

Coupon-mad

Yes, why not include a witness statement dated/signed then scanned, as an extra piece of evidence to tip the balance in your favour (we hope). You will have to be careful to word it 'I confirm I was an occupant of the car that day and...' (so that NEITHER of you are identified as driver).

The_Deep

I say again CM, why does it matter who was driving? A double dip is a double dip. All the OP needs to say is "I was the driver, and I visited the location twice".

No judge in their right mind is going to side with the PPC.

Coupon-mad

True, but POPLA Assessors might.