Another MET PCN

apcl73

Hi all

Hope you are having a better day than me. I received a PCN from MET Services for parking in McDonalds for 76 minutes which had a limit of 60 minutes! I've read the newbie thread but want to confirm I do things properly, so any advice/help greatly appreciated.

I have a lease car. On 13 July I parked in McDonalds to get some food. It's a particularly busy McDonalds so by the time I got parking, used the facilities, got my food and ate it I went over the 60 minutes! I genuinely did not see any obvious signs about the 60 minutes limit.

Was issued a postal PCN, which went to LeasePlan who sent me a copy along with their standard letter "...transferring liability..." (I have asked LeasePlan for a copy of the letter they send to MET Services). The PCN was issued on 19th July. The letter I got from LeasePlan is dated 26th July.

I'd like some advice on what to do/what happens next.

1) Do I wait 21 days from LeasePlan's letter to MET Services for the PCN to be sent to me? And if the correspondence from MET Services does not contain all the documents mentioned in POFA 13.2 I should write to them as per elmarcino's (sorry can't post a link - it refers to Edna Basher's template)

2) If they do send all the documents then I should follow the normal procedure of sending them the blue email?

3) What if I get nothing from them - should I appeal?

I've already told LeasePlan that I will be appealing this.

As above, any advice greatly appreciated. Want to make sure I follow the proper procedure as this is ridiculous.

Thanks all
apcl73

apcl73

Anyone able to confirm/help?

Thanks

apcl73

Update:

So I got a letter from MET Services dated 30/7/2017 about the PCN. Nothing else enclosed. They have asked for driver details if I was not the driver.

Am I correct in thinking that on 20th August (21 days) I would send a message via the metreview site similar to Edna Basher (forums.moneysavingexpert.com/showthread.php?p=69859059#post69859059])?

Thanks

apcl73

Hi @coupon-mad

I know you spend a lot of time on the forums answering queries, etc. and your time is greatly appreciate. Are you able to just confirm my approach above is correct?

Thanks

apcl73

Hi @elmarcinio

I read your thread and have a similar situation to yours in that I lease a car and received a PCN. My question is regarding the notice from the PPC. I received the PCN but as expected no additional documents. So will use your approach of writing to them on day 21. However one question for you. I am not sure if the lease company sent the PPC the additional documents (I can ask them). Is this is important? Can the PPC say that they did not receive the documents from the lease company and be given additional to get this and send to me?

Thanks

nosferatu1001

Make sure leaseplan arent charging you OP

APCL - go make your own thread. However the requirement under POFA is that the PPC has to send you the docs. No ifs or buts.

FOr appealing to MET: If they have sent you a Notice to Hirer ("letter" tells us naff all about what youve actually been sent!) and it does not include everything required under Para 14 i.e. no signed hire agreement, then you send them the appeal from Edna Basher pointing out you have no liability in this matter. They must cancel the ticket. As this is a straight forward matter over a 5 year old law they are well aaware of, a failure to cancel the ticket here, requiring the Hirer to appeal to POPLA, will result in you charging them your reasonable costs when you win your POPLA appeal - either on decision or because MET choose not to contest. This is the only warning they will receive.

apcl73

Hi nosferatu1001

Many thanks for your reply. Much appreciated.

This is my thread so hopefully I am doing this right.

The letter I was sent seems to be just the PCN containing:
- PCN ref
- Date of issue and contravention
- Location
- Amount

(I can try uploading if it helps.)

That is all I received. Can I confirm that I should send them a message via their site on the 21st day stating what you have suggested above?

Thanks again, appreciate you taking the time to respond.

Umkomaas

This is my thread so hopefully I am doing this right.

I think you've confused the issue by addressing elmarcinio with a query to him/her. By placing @ in front of a username doesn't trigger a notification to them on MSE, unlike say Facebook/Twitter. You would need to PM him/her - that way they should get an email to say you're trying to get in touch.

Hi @elmarcinio

I read your thread and have a similar situation to yours in that I lease a car and received a PCN. My question is regarding the notice from the PPC. I received the PCN but as expected no additional documents. So will use your approach of writing to them on day 21. However one question for you. I am not sure if the lease company sent the PPC the additional documents (I can ask them). Is this is important? Can the PPC say that they did not receive the documents from the lease company and be given additional to get this and send to me?

Thanks

Edna Basher is a top adviser, especially when it comes to issues around hire/lease vehicles.

apcl73

Hi Umkomaas

Many thanks for the clarification.

Edna_Basher

Hi apcl73

You've done your homework and you're taking the right approach.

However, a word of caution - MET have started to play dirty.

A couple of weeks ago we won a POPLA case against MET. This involved a lease vehicle and as well as non-compliance with POFA, we included all of the other usual points in our submission (e.g. no landowner authority, inadequate signage, no evidence that there had been a breach etc.). POPLA wrote to tell us that MET had notified them that they didn't wish to contest our "appeal". The case was therefore closed........or so we thought.

We have now found out that the very next day after throwing in the towel with us at POPLA, MET started to chase the lease company again, writing a threatening letter demanding payment because we had denied liability for the charge under POFA. Needless to say, we'll be lodging a strong complaint to the BPA regarding MET's brazen disregard for the rules.

You need to be submitting your "appeal" to MET in the next couple of days - this can be done through their website. Here's a suggested letter of dispute, "beefed-up" to include a warning shot across MET's bows that they must now leave LeasePlan alone.

Dear Sir,

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

I refer to the above-detailed Parking Charge Notice (“PCN”) dated 30th July 2017 issued to me by MET Parking Services Ltd (“MET”) as a purported notice to hirer. I confirm that the vehicle is leased to me by its registered keeper, LeasePlan UK Limited (“LeasePlan”) and I am therefore its hirer for the purpose of Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”).

I write to formally dispute this PCN for the reasons set out below.

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 claim unpaid parking charges from a vehicle’s keeper or hirer. There are a number of reasons why MET’s PCN did not comply with POFA as a notice to hirer; in order to understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

I must also draw your attention to the definition of “keeper” under Schedule 4 of POFA as meaning the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper. As it is now proven that I am the vehicle’s keeper (as defined), you have no right to claim payment of the PCN from LeasePlan and you must not contact them again.

Given that MET has forfeited its right to hold the keeper / hirer liable for the PCN, please confirm that you shall now cancel this charge. Alternatively, should still believe that MET has a valid claim against me, please provide me with a unique POPLA reference code so that I may escalate my dispute to POPLA.

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


Yours faithfully,

I suggest that you ask LeasePlan to notify you immediately if MET start chasing them for payment again.

Umkomaas

@OP - Edna Basher is the forum expert on lease/hire vehicle parking charges. Follow guidance with absolute confidence.