MET services PCN help

Coupon-mad

Windscreen PCN is a 'parking charge notice' but says misleadingly:'' in breach of byelaw 14''

http://tinypic.com/view.php?pic=11v66iv&s=9#.WK3x5fmLTIU

Reminder says nothing at all except that it now goes on about 'debt recovery' in January (errrrmm...hang on MET, you said this was for breach of byelaws!):

http://tinypic.com/view.php?pic=2cglj4y&s=9#.WK3yXPmLTIU

DRPlus say 'This Penalty Notice has been issued under Section 219 of the Transport Act 2000' and it says under that Act the vehicle can be clamped until the outstanding charge is paid...

http://tinypic.com/view.php?pic=25f7xox&s=9#.WK3y7_mLTIU

...tell that to NCP in the case of Mayhook v NCP about clamping and removing a car from railway land to try to force payment of 'PCNs'. That case cost NCP a SIX figure sum, as reported at the time, due to 90% of his huge costs (including an injunction and the cost of being deprived of his car) being granted.

http://www.davidmarq.com/bama/Mayhook-V-NCP%20Judgement%20transcript.pdf

at #56: ''the holding {of the vehicle} is an unlawful interference''

In this MET case, in a couple of weeks time on 8th March, a 'byelaws breach' penalty can't be laid before Magistrates court (not that MET can do that and neither can DRPlus).

The action I would take is to report both MET and DRPlus to the BPA and DVLA for a serious breach of the BPA CoP, by misleading the recipient of the legal status of the 'PCN' and the DRPlus letter by suggesting a level of authority that they do not have for the charge:

- MET say it is issued under byelaw 14 but it isn't, this is a 'parking charge notice' not a byelaws penalty

- DRPlus then say it is a 'penalty' yet we know it is not

- DRPlus claim it was issued under a statute that was repealed in 2005!

You must email a complaint about this and state that it shows a serious breach of the BPA CoP by suggesting a level of authority that they do not have and misleading the recipient as to the status of this 'parking charge' which is clearly being pursued merely under contract law, in fact, it is not and never was a 'penalty' and did not fall under 'breach of byelaws' nor the Transport Act.

aos@britishparking.co.uk

and

david.dunford@dvla.gsi.gov.uk


HTH

dcdubber87

I can see why people get so confused with all this, they seem to change their mind in every correspondence. I will get onto emailing them tomorrow. As I'm emailing the 2 should I include the 3 images of the different notices? I'm guessing so but thought I would just check first.

Coupon-mad

Yes - and the link to prove the relevant section of the Transport Act 2000 was repealed in 2005.

And look up the current BPA CoP and find the section about not misleading drivers by pretending to have statutory authority when you do not. Quote it at them.

dcdubber87

Brilliant, I'll make sure to have a good look through tomorrow afternoon once I've finished work and get it sent to them both end of play tomorrow.

dcdubber87

Hi again, another little update, i've had a reply from David Dunford, pretty much saying until the BPA respond they cant do much, so as soon as they respond to send corrospondence to him to look into.

Ive also had a reply from MET Parking Services which isnt much help. Saying as its with the debt company now they won't answer my questions. Are they allowed to do that when im asking for proof that no ticket was present?

Heres the response from them.
hxxp://i66.tinypic.com/htvgpd.jpg

Also another letter has been sent from Debt Recovery Plus with a 'Notice of Intended Court Action' and that payment must be made now by the 13/03/2017

Again here is the letter
hxxp://i65.tinypic.com/htv7n8.jpg

Coupon-mad

You could email DRPlus and quote their reference (not the PCN number alone) and ask them for proof that no ticket was present.

info@drpl.co.uk

HTH - don't give away any info. Just ask for evidence as registered keeper. Whatever they come back with - IGNORE THEM!

dcdubber87

I did send them a letter along with the one to MET Parking Services, im hoping that they havent replied to that one yet and that the new letter from them was sent before or just as they received my letter asking for proof. But i suppose emailing them wont hurt either. I have made sure in all letters to them that the driver has never been identified,

dcdubber87

Well not much to update, the latest deadline for payment has passed, i have not had a reply from the BPA or a reply from the debt company with any proof of no ticket displayed.

Should i have had a reply from the BPA now? its probably nearly a month ago now.

Coupon-mad

The BPA always reply within days when you email them as advised on this forum:

aos@britishparking.co.uk

I hope you didn't post a letter...never write a letter to any of this industry, they lose them.

dcdubber87

No i emailed the address above and the dvla. The dvla replied within a few days. I'll re send it to the parking email again. And see if i have any luck.