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MET Parking Services Ltd, Uckflied - perfect NtK? Popla advice

Tonofun
Tonofun Posts: 45 Forumite
Fifth Anniversary 10 Posts
edited 18 June 2018 at 5:40PM in Parking tickets, fines & parking
Hi all,

Quick summary - wife visited friend miles away in Uckfield, meal at McDonalds at some point, she missed the few crappy signs there were, a few days later a letter in post demanding £100 because our car was recorded on camera staying in the car park for 106 minutes when the allowed 'free' time is 90 minutes(!) Great!!

No windscreen ticket, just the NtK in the post.

Used the appeal template from the NEWBIES thread with their (MET Parking Services Ltd) online appeals procedure on the website (https://www.metreview.com). Received the appeal rejection letter today with the POPLA code, so now I need to form the POPLA appeal.

However, I find myself struggling to pick out a point to assert 'No Keeper Liability', as the 1st letter received (NtK) appears to comply fully with Para 9 of Schedule 4 of POFA. The only weird part of the letter to me are the photos used as 'evidence' - they show a whole view pic of the car entering and a whole view pic of the car leaving, and 2 'close ups' of the number plates for each but they're both of the white front number plate. Can I argue about this?

Other than that, what other arguments can I assert to prove no keeper liability for the demanded charge? Does an argument against the crappy signage lead to that?

Thanks all for any help.
«13

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    no keeper liability is only where they failed POFA2012 on timescales and POFA2012 wording


    if they have complied, then keeper liability is a valid point , which more and more companies are cottoning on to


    no landowner authority , signage , BPA CoP failures , not the same as BEAVIS etc are all popla arguments


    you need to read post #3 of the NEWBIES FAQ sticky thread to see the various arguments


    ideally you need a landowner cancellation , regardless , so get a complaint in to mickey dees seeing as the driver or an occupant of the vehicles was a patron of theirs - this should have been done straightaway !!
  • KeithP
    KeithP Posts: 40,897 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tonofun wrote: »
    The only weird part of the letter to me are the photos used as 'evidence' - they show a whole view pic of the car entering and a whole view pic of the car leaving, and 2 'close ups' of the number plates for each but they're both of the white front number plate. Can I argue about this?
    Sure you can. What sort of argument are you thinking of?
    I know of nothing that says that the pictures of a car leaving must be of the other end of the car to that taken when entering.

    Have you complained to McDonalds?
  • Umkomaas
    Umkomaas Posts: 42,559 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The close ups of the number plates are computer representations, not the real thing.
    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
  • Castle
    Castle Posts: 4,525 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    There are two grace periods to take into account; 10 minutes to park and 10 minutes to leave.
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,070 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The time they have stated in the NtK is NOT the parking period, as required by POFA. It is just the time between passing the cameras on entry and on exit. They are different things.
  • Coupon-mad
    Coupon-mad Posts: 144,231 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Was the NTK received within 14 days and includes the Schedule 4 para 9(2)f warning?
    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
  • Tonofun
    Tonofun Posts: 45 Forumite
    Fifth Anniversary 10 Posts
    The time they have stated in the NtK is NOT the parking period, as required by POFA. It is just the time between passing the cameras on entry and on exit. They are different things.

    Ah, so technically I can use this point to argue No Keeper Liability? Awesome, thanks.
  • Tonofun
    Tonofun Posts: 45 Forumite
    Fifth Anniversary 10 Posts
    Coupon-mad wrote: »
    Was the NTK received within 14 days and includes the Schedule 4 para 9(2)f warning?

    Yes and yes unfortunately. I'll scrub some personal details and post an image of the NtK if you're interested to see it...
  • Tonofun
    Tonofun Posts: 45 Forumite
    Fifth Anniversary 10 Posts
    edited 19 June 2018 at 6:32AM
    I haven't complained to the McDonalds - it's over 200 miles away and I wasn't the one eating there so I'm a little unsure of how to call, and what to say even if I did tbh... Our friends mother sent us a few pictures of the car park and the signage after we got the 1st letter.

    And it seems to be a 'shared' car park too, where all the signs seem to be at the one end nearest Halfords, with either none or nearly none on the McDonalds side of the car park. But like I said, I wasn't there so unfortunately I'm basing this on other peoples' input.
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