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MET Parking Services PCN - Urgent Advice Please

MrBear85
MrBear85 Posts: 30 Forumite
Third Anniversary
edited 10 February 2017 at 9:58AM in Parking tickets, fines & parking
Hi, this is my first time posting on MSE.

Today I received in the post a PCN from MET Parking Services demanding £100 (£60 within 14 days) because my vehicle allegedly overstayed in a car park they operate.

The alleged offence took place last Wednesday 1st Feb, the driver parked in the car park of a Virgin Active gym which offered 4 hours free parking. The driver returned to the car 32 mins over the 4 hour limit, at 23:55. This was, however, long after the gym itself had closed at 22:00 and the vehicle was one of only 2 or 3 cars in this very large car park. I'm not sure if it's relevant but the driver had to leave via the entrance barrier (where the barriers seem to remain permanently raised) because the automated exit barrier would not raise.

Anyway, given the circumstances, I'm looking for some advice on what the keeper's course of action should be?
  1. Appeal through official channels
  2. Ignore the letter
  3. Pay the discounted charge
  4. Complain/appeal to Virgin Active

The keepers grievance is mainly with the disproportionately high value of the charge relative to the offence - especially considering the gym closed before the 4 hour period had ended.

What do you think the keeper's chances are?

Thanks in advance :-)
«134567

Comments

  • Half_way
    Half_way Posts: 7,556 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Whos car park was it, I've yet to see Met parking operate a car park, just infest one, like parasites.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Anyway, given the circumstances, I'm looking for some advice on what my course of action should be?
    Why the need for advice? It's in the NEWBIES sticky thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • MrBear85
    MrBear85 Posts: 30 Forumite
    Third Anniversary
    edited 10 February 2017 at 10:42AM
    Hi,

    Yes I took a look at the newbies thread but it seems to talk more about the different processes of appeal and irregularities to look out for. I'm looking for advice/chances of success considering that, allegedly, the vehicle was 32 mins over (no mitigating circumstances as such just late getting away from hockey training), the carpark was pretty well signposted if memory serves, and the letter they've sent does seem to follow the paragraph 9 guidelines mentioned in the BPA document linked in the newbie thread. The only contentious points I can see are that the driver did not leave the car park by the exit barriers because they would not open, and that it was very dark so all you can see of the car in the pictures are the headlights.

    Thanks
  • Umkomaas
    Umkomaas Posts: 43,822 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mitigation doesn't work, period! What you've quoted are all mitigating circumstances.

    Unless you get this killed off via appeal, following the routes described in the NEWBIES sticky, this will hang over you for 6 years, with hassle from debt collectors and a chance of court papers being served against you to recover the parking charge.

    MET are BPA operators, opening up POPLA as the second stage appeal service where, with forum advice, you can beat this.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 10 February 2017 at 3:15PM
    I fail to see what is "urgent" about it either

    its no different than all the others we see once you remove the "story" and the response times are standard

    any appeal is based on legal arguments which are the ones you read about in the NEWBIES sticky thread

    the reason you didnt see all the points you raised is because none of them are relevant , it was all mitigation and you trying to make sense of "what happened" , whereas neither the PPC nor POPLA will look at or care about "what happened"

    you follow the advice in that NEWBIES thread and stop making rookie newbie mistakes like you need to edit in post #1

    example

    THE DRIVER parked

    THE DRIVER was playing hockey nearby

    THE DRIVER had to leave by the inlet entrance barrier

    THE DRIVER may have overstayed

    anytime the following words are used an alternative should be sought

    "ME , MYSELF and I"

    you dont see MP`s using names in the houses of parliament, they skirt around it by using other means , "the right honourable member for INSERT LOCATION"

    any significance about the claim not being proportional to the loss wne tout of the window about 16 months ago with the BEAVIS case at the Supreme Court in London, so clearly you missed that one , but those advising you have been doing so for several years, so I think we know who knows better here ; lol ;)

    now edit post#1 and follow the NEWBIES sticky thread advice for BPA members , forget your "story" as none of it is relevant to any appeal

    these companies almost always fail the signage questions , becasue they rarely conform to the BPA CoP nor previous significant court cases

    the PPC may well fail other tests like the landowner contract test etc too (no locus standii)

    they may well fail the BOA CoP on grace periods for example

    they may fail the POFA2012 test

    more research is needed by you, once you have appealed, not naming the driver and never inferring that you know who the driver might be , especially not on a PUBLIC FORUM that parking companies can read free of charge

    ps:- these 2 threads are what I would call "URGENT" , as they are ongoing court cases

    https://forums.moneysavingexpert.com/discussion/5597961

    and

    https://forums.moneysavingexpert.com/discussion/5591251
  • Amended posts so far, as per your recommendation.

    Obviously I am not an expert in this area and it is not something that I follow out of interest hence I have not heard of the BEAVIS case you refer to.

    I plan to have a more detailed read of the newbie post over the weekend when I can give it the required time. I guess that, having given it an initial scan through, a lot of it was quite complex for the uninitiated and has a lot of branches off it depending on differing circumstances - this is why I described the specific circumstances in play here and was hoping to get a simple, top-line view of what the steps should be (and shouldn't be)?

    I appreciate you taking the time to reply.
  • If I'm understanding correctly - the circumstances/story don't matter? The keeper just needs to look for something that the PPC has done wrong to undermine their claim for payment?

    Thanks
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    MrBear85 wrote: »
    If I'm understanding correctly - the circumstances/story don't matter? The keeper just needs to look for something that the PPC has done wrong to undermine their claim for payment?

    Thanks


    Not always. But the main point is "did I transgress the PPCs t&cs?" If so, then you need to point out where THEY transgressed the procedure.

    Where the story can matter is with double-dips, cloned number plates, for example, where the driver did nothing wrong and the PPC was mistaken.

    Your post says you did contravene their t&c so you need to establish why they failed to follow the "rules".
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    MrBear85 wrote: »
    If I'm understanding correctly - the circumstances/story don't matter? The keeper just needs to look for something that the PPC has done wrong to undermine their claim for payment?

    Yep, pretty much - hence the template appeal for this stage and POPLA, which do work. But you don't have to look for anything or spend any time on it, just send the blue writing template, it works - you will either get cancellation or a POPLA code and will not have given away the driver.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • MrBear85
    MrBear85 Posts: 30 Forumite
    Third Anniversary
    edited 16 February 2017 at 1:08PM
    So, I managed to visit the car park last night and take some pictures (in similar conditions) of the signage both from the driver's seat and on foot. I now have renewed optimism about fighting this this.

    Forum won't let me post the image links because I'm a newbie :-/

    I'm going to draft my initial complaint to the PPC, can I post here for opinions? Also, should I simultaneously write a letter of complaint to the land owner, Virgin Active? The driver is not a member of the gym and did not visit the gym on the night in question.

    Thanks all.
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