Missed appeal deadline

NewParagon

I received a ticket a couple of months ago for parking in a Metrolink car park in Manchester. According to local news websites a trial period for free overnight parking had been extended to cover the time period in question, so I did not intend to pay, as I had acted in good faith.

I followed the guidance on MSE under private parking tickets Option 2: "The no-nonsense approach – tell 'em you won't pay" - using the letter template in the website.

By this time the charge had been referred to Equita debt collection. By the time I sent the letter to Care Parking they responded and said I was out of the appeal time window and therefore my appeal is invalid (although technically I wasn't appealing, but refusing to pay an invalid charge).

Care Parking are requesting either that I pay, or that they will continue to action debt recovery which may involve court action.
I have read various threads here and am unsure of next steps. I'm considering writing to MetroLink directly, and/or appealing to POPLA but I'm unsure and any guidance would be appreciated.

pappa_golf

and why have care parking gone the equita route? instead of going for court action ?


perhaps the location may give a clue " Metrolink car park " , owned by whom?


could this possibly come under railway land and bylaws? why not ring around and find the correct answer

Coupon-mad

Show us the letter from Equita please and the latest letter from Care Parking.

As a newbie, you can only show 'broken' links by changing the http to hxxp.

Could you also confirm, did you not use the template appeal from this forum (which is in the NEWBIES thread and is written from the 'registered keeper' and is careful never to name/imply the driver)? You seem to have used the awful, old, bad advice one in the MSE article which still includes the terrible line 'The reason why I parked as I did was...'

Eeek.

NewParagon

Thanks for your quick response.
You're correct in that I unfortunately used the older letter template from MSE.
It was only later that I delved into the forums.

Equita sent me this letter, which crossed over with my letter to them (i.e. they hadn't seen my response at this point):
hxxps://s14.postimg.org/bhmx3mdwh/Equita.png

Then Care Parking responded with this:
hxxps://s4.postimg.org/5m5rw6ki5/CP_Letter.png

Thanks again

Redx

if its out of time you cannot use POPLA - period

why ? , because CARE wont issue a POPLA code , no code = no popla appeal

its definitely NOT relevant land , but they have 6 years to try a court claim against the driver (if they know who it was or if you admitted to being the driver)

in theory , bylaws apply , so how it would go with a judge would be interesting , as they only have 6 months to take it to a magistrates court

I am afraid you have gone about this in completely the wrong manner, such that no help is available, there is nothing you can do , other than pay , or ignore

I dont think Metrolink will get involved, but you can try , because if you dont ask , you dont get

in future , you appeal IN TIME , as keeper , you dont just refuse to pay the charge and you NEVER reveal who was driving

a lesson learned , I hope ?

NewParagon

Thanks RedX,
I appreciate that I made an error in my late response, but it seems that some elements of that original guidance (and template letter) are quite misleading.
I will contact MetroLink and, failing progress there I guess I'll have to pay the charge.
I wonder if I can propose to pay the original £60 fee, or if they will insist on the full £160.
Any further thoughts or guidance are much appreciated.
Thanks

Redx

if you had read any of the METROLINK threads I have participated in over the last few years on here, you would have the correct strategy

plus the BLUE TEXT template is correct for the initial appeal

then railway type POPLA appeals are used, like previous metrolink ones, or more recently , INDIGO train station ones

railway land is not relevant land , so its the same strategy as per INDIGO claims , TOC claims , airports and ports

I do not believe it is ambiguous or misleading , POFA 2012 does not apply , bylaws apply , so its magistrates court that METROLINK should take you to , not small claims court , within 6 months , subject to adequate signage using the correct terms

so drag it out for 6 months , using the IGNORE option , and 6 years for court claims

you can read about all the different arguments in this successful claim that bargepole assisted on , with METEOR (INDIGO) and railway land and bylaws etc

http://parking-prankster.blogspot.co.uk/2016/09/bargepole-assists-motorist-to-reclaim.html

Coupon-mad

NewParagon wrote: »

Thanks RedX,
I appreciate that I made an error in my late response, but it seems that some elements of that original guidance (and template letter) are quite misleading.
I will contact MetroLink and, failing progress there I guess I'll have to pay the charge.

We disagree. Paying the charge is not recommended, why would you do that?

I wonder if I can propose to pay the original £60 fee, or if they will insist on the full £160. Any further thoughts or guidance are much appreciated.
Thanks

No. Do not make an offer. As Redx says:

POFA 2012 does not apply , bylaws apply , so its magistrates court that METROLINK should take you to , not small claims court , within 6 months , subject to adequate signage using the correct terms

so drag it out for 6 months , using the IGNORE option

Care Parking are requesting either that I pay, or that they will continue to action debt recovery which may involve court action.

They would say that - but it won't! This bunch do not try court - and as you said, you parked in good faith - so why would anyone in their right mind pay them?

http://www.bmpa.eu/companydata/Anchor_Security_Services.html

Very small numbers of tickets and zero court cases make these small fry; nothing to worry about and after just 6 months it is timed out completely if they have alleged that this is issued 'under byelaws'. Sit tight and ignore the letters. Come back if an actual court claim arrives or a misleading solicitor's letter or one from Metrolink.

NewParagon

Quick update - I have received no further correspondence from Care Parking and I believe the 6-month period has now elapsed. Anecdotally I've heard from others that Care Parking rarely take to court. Hope this helps others.
Thanks all