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MET parking appeal

Bill21
Bill21 Posts: 6 Forumite
edited 11 November 2017 at 2:31PM in Parking tickets, fines & parking
Hi all,

I was hoping if I could get some specific advice please, having read the Newbie post.

The driver was parked in a private park operated by MET and paid them the initial 4hr fee, however was 30 mins late to return due to the little one not feeling well. The keeper ecently got a letter through the post asking to pay a fine, so no windscreen warning.

I was wondering if The keeper has a case for appeal and what template could be used?

Thanks,
Bill
«1

Comments

  • claxtome
    claxtome Posts: 628 Forumite
    500 Posts Fourth Anniversary Combo Breaker
    OK a few things:
    It is not a fine it is an invoice.
    The first correspondence received through the post is your Notice to Keeper (and PCN).
    It is always worth appealing particularly as MET are BPA members.

    I suggest you re-read the NEWBIES post with this knowledge and send the blue appeal letter WITHOUT any changes which has the sole aim of getting a POPLA code.

    Important: Edit your opening post so it refers to driver and keeper not 'I'.
  • Umkomaas
    Umkomaas Posts: 43,818 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also, reading through the advice that the contract is with the driver, what would happen if I nominated as driver a relative from abroad? Would they just not bother?
    Not a great idea - unless you’re confident you’ll be able to convince a judge that you're telling the truth, should this get to court!

    I’d be reading up on ‘Perverting the Course of Justice’ before trying to pull that stunt! Can carry jail time - just ask Chris Huhne and Vicky Pryce.

    Best bet is to read the NEWBIES FAQ sticky, post #1 (only post #1 at this stage).
    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
  • Bill21
    Bill21 Posts: 6 Forumite
    edited 11 November 2017 at 2:33PM
    Thank you both for the quick replies.

    I was confused a bit by the blue letter because of this:

    “Should you obtain the registered keeper's data from the DVLA without reasonable cause”

    As they have already obtained the keeper's details claiming in their letter they have reasonable cause.

    So keeper would sent them this, expecting they will refuse and go on a POPLA case, and then need to find a draft that is relevant to the case, if it exists in this site. It is a bit daunting but it is also the principle of not paying £100 when they’ve already paid them once and they are looking to exploit a small delay for a non proportional bill.

    I did find in Google a company that claims they can handle such appeals for £25 with a money back guarantee. Don’t know if anyone has experience of those and if they could be trusted or if it’s moving from one cowboy firm to another?

    Many thanks
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Should you HAVE obtained. Easy addition.

    Dont do appeals companies. Use the free advice on here.
  • Hi all,


    have gone through the blue coloured letter as registered keeper of the vehicle and now have a POPLA code.


    Now for the harder part, as losing at POPLA could leave me with £100 bill to pay. I have gone through the guidance in the relevant post in the Newbie chain, to see which arguments would be relevant for my appeal and maybe win the case. Also, have seen some of the rejected cases, which was a bit disheartening.


    I first tried to check if I have a Golden Ticket, but looks like MET have raised their game. While their notice does not explicitly state POFA 2012 at the back or front of the letter, they have this paragraph:


    "if after a period of 28 days beginning with the day after that on which the notice is given (I) the amount of the unpaid parking charge specified in this notice has not been paid in full and (ii) we do not know both the name of the driver and a current address for service for the driver we will have the right to recover from you, so much that parking charge as remains unpaid. This notice is deemed to have been given to you on the second working day after the date of sending it".


    So on the face of it, they seem to comply with POFA 2012 but I'm no expert.


    They contested the sign clarity argument and the photos show the vehicle parked close to a sign, so the driver should have seen it. The £100 is with large enough letters, the rest needs to be read from close. So, again not sure if there will be an argument there.


    I would use the grace period but 30 mins seems to be well above that and an unlikely winner.


    So all I have to use is the landowner authority argument and another I have seen in the site, relating the date/time in the photos being actually genuine and not modified using technology.


    Would the more experienced people here be able to advise if this is likely to be a winner, or anything else that could be used in this case?


    Thanks
  • Please can you advise me how to access this thread. used the search engine but just gives me references to it not the actual FAQ to get templates
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bill21 wrote: »
    Now for the harder part, as losing at POPLA could leave me with £100 bill to pay.

    How did you get to that conclusion?

    A PoPLA decision is binding on the car parking company.
    It is not binding on the motorist.

    So, if you lose at PoPLA, you still pay nothing.
    You pay nothing until instructed to do so by a court.

    Anyway, what is all this talk about losing at PoPLA?

    Start constructing your PoPLA appeal using the readily available template points provided in post #3 of the NEWBIES sticky/pinned thread.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KS27 wrote: »
    Please can you advise me how to access this thread. used the search engine but just gives me references to it not the actual FAQ to get templates
    Go back to the thread index and look for the thread entitled:
    **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

    It is currently the second thread in the thread index list.

    If you have further questions after you have read it, then please start a new thread.
  • Hi KeithP

    To be honest, I’d rather avoid courts altogether. I have read post #3 and also a few of the successful (and unsuccessful) appeals to POPLA posted here. What I could do with some help is the proposed strategy for the appeal. I can use templates already here but would appreciate someone more experienced offering their view, if I indeed have the Golden Ticket to fall back on, or not as I suspect.

    If I don’t, then what would my best next bet be, rather than throwing a set of the points here, hoping that one will stick?

    Thanks
  • Umkomaas
    Umkomaas Posts: 43,818 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    To be honest, I’d rather avoid courts altogether.
    ‘MET’ and ‘Court’ never appear in the same sentence. What makes you think your case is so special that they will pop their cherry on you?

    http://www.bmpa.eu/companydata/MET_Parking_Services.html
    but would appreciate someone more experienced offering their view
    I’m not sure what I’d make of this in your shoes Keith?

    What are your criteria for ‘more experienced’ @OP?
    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
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