Please Help Met Parking charge Notice for McDonalds Gatwick South

mrs_boop

Hi,
We hired a car to take my daughter to Gatwick South, after we had left her we went to McDonalds gatwick south terminal.

We ordered a meal and sat and ate it in the car.

We never saw or noticed any signs about parking, probably because we were both distress at leaving our daughter.

It says that it has a limited free stay of 60 mins and were there for 73 mins.

We received a letter from Thrifty car hire saying we had to pay them a £35 admin fee and then stapled together was The Parking charge notice for a company called MET. it was for £100. it says payment to be made within 28 days of date issued : 5/10/2016, discounted to £50 if paid within 14 days of the date issued 21/09/2016.

There is also a name and address of Scot Group Ltd in Exeter?

Please can anyone help, I have heard if it is on private land and not council land it is unenforceable is this true.

I think because we hired the car were not the registered keeper makes it a bit harder, I have been looking on this site but cant really see one that applies to our situation.

Thank you in advance.

Coupon-mad

Please can anyone help, I have heard if it is on private land and not council land it is unenforceable is this true.

Not really, no, although MET do not sue people, it's likely that the hire firm would pay this charge if MET send them another letter.

So, you stop that by appealing it as 'HIRER' and NOT SAYING who the driver was!

I think because we hired the car were not the registered keeper makes it a bit harder, I have been looking on this site but cant really see one that applies to our situation.

Have another read of 'NEWBIES PLEASE READ THESE FAQS FIRST' because I DO cover hire/company cars in that advice thread and tell you how to appeal. There's a template, just change the word 'keeper' to 'hirer'. That pulls the charge in your direction - away from the hire firm completely - and allows you to then win at POPLA with our help.

DO NOT write about what happened and do not name the driver; the template will do. At POPLA stage you can then win it because the PCN has not been served on you in your name as hirer with the required documents as set out in para 13/14 of the POFA.

Oh, and when you win you can then complain to the hire firm about the £35 charge not being covered by the hire terms which probably only mention fines/penalties from the Police/local authorities. And you can then show them you've won at POPLA and the charge was not properly given and has been cancelled and tell them you will complain to the BVRLA (Lease/hire firms Trade Body, check they are a member first!) if they don't refund your £35. You can also put that payment into dispute with your bank or card provider.

mrs_boop

Hi Coupon Mad,

Thanks for replying to my post.


DO NOT write about what happened and do not name the driver; the template will do. At POPLA stage you can then win it because the PCN has not been served on you in your name as hirer with the required documents as set out in para 13/14 of the POFA.

Not sure what you mean about being served, the hire company sent us this information stating that they have provided the issuing authority your details for them to deal with you direct and saying that we will receve a new notice in the next few weeks. I wandered about the fact that the hire agreement was taken out in only one persons name so only that person can drive the car.

Sorry what is the POFA?

Oh, and when you win you can then complain to the hire firm about the £35 charge not being covered by the hire terms which probably only mention fines/penalties from the Police/local authorities. And you can then show them you've won at POPLA and the charge was not properly given and has been cancelled and tell them you will complain to the BVRLA (Lease/hire firms Trade Body, check they are a member first!) if they don't refund your £35. You can also put that payment into dispute with your bank or card provider.[/QUOTE]

it states on the rental agreement - i nearby acknowledge that i shall be liable as owner of any vehicle hired to me under this agreement in respect of all parking and congestion charges and any infringement of any road traffic act, congestion charge or PARKING REGULATION arising during the currency of this agreement as detailed in condition 7d overleaf. i nearby acknowledge my liability for all FINES OR CHARGES arising from any such infringements, plus an administration fee of £35.00 plus VAT for each such FINE OR CHARGE.

Also should i phone mcdonalds up and explain why i think we were longer i.e.,using toilet facilities, queuing for food, finally getting to car and the fact i have dysphasia so it takes me longer to eat and the fact that there coffee is 20000 degrees and I take black coffee so that takes half an hour before you can even take a sip of it.

i have also just read about a grace period and it should be 15 minutes and we were only 12 mins over.

Thank you sorry to be a nuisance.

Coupon-mad

Not sure what you mean about being served, the hire company sent us this information stating that they have provided the issuing authority your details for them to deal with you direct and saying that we will receve a new notice in the next few weeks. I wandered about the fact that the hire agreement was taken out in only one person's name so only that person can drive the car.

No, anyone could have been driving the car. I signed a car hire agreement once in my name - yet both me and my husband could drive it as we have fully comp insurance and met the criteria to drive it.

You could wait to hear from MET before appealing, they should indeed serve a PCN to you in your name soon.

Sorry what is the POFA?

See the NEWBIES thread near the top, do read it first. I explain the acronyms in post #2 there and how to appeal in post #1.

mrs_boop

Hi Again,

We do not meet the criteria as one of us is a named driver so would not be covered under the hire company's rules

Thank you

The_Deep

mrs_boop wrote: »

Hi Again,

We do not meet the criteria as one of us is a named driver so would not be covered under the hire company's rules

Thank you

What criteria?

Coupon-mad

mrs_boop wrote: »

Hi Again,

We do not meet the criteria as one of us is a named driver so would not be covered under the hire company's rules

Thank you

Stop looking into the insignificant thing, you are missing the point. The parking company DO NOT KNOW who was insured/allowed to drive this car. They only know who HIRED it.

I wish I'd never mentioned the nitty gritty of hire terms! Forget that!

mrs_boop

Coupon-mad wrote: »

No, anyone could have been driving the car. I signed a car hire agreement once in my name - yet both me and my husband could drive it s we have fully comp insurance and met the criteria to drive it.

This Criteria.

I can understand it and I am not trying to say it out loud so to speak, but my husband will received the notice as he hired the car in his name and because we do not meet the above criteria we could not say the same.

bod1467

:wall:

And MET know this how exactly?

Coupon-mad

I can understand it and I am not trying to say it out loud so to speak, but my husband will received the notice as he hired the car in his name and because we do not meet the above criteria we could not say the same.

Stop worrying about that, MET haven't a clue about who can drive the car.

mrs_boop

Hi,

We have received out notice and after reading for god knows how long I think I finally get it, apologises to Coupon Mad and Bod1467(which know I get it makes me laugh).

I think this is the right letter for me to send



Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice issued to me by MET Parking Services as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why MET Parking Services' Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Met Parking Services has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service, their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

[Insert squiggle as signature]

So for my next question is when to fill the online form out to appeal.

It states that MET have to give me all the required doc's with the PCN within 21 days. As with most people I'm guessing only get the notice which date should I use, the date of contravention which was 1/9/16 or the date I have on the PCN which I received which is 18/9/16. I think I have to wait for the 21 days from 18th incase they send me the rest of the missing doc's is this right as I dont want to fill it in now and then they can send me them???