Met Parking Fine - McDonalds

tatty123

Hi, 
I'm in need of assistance as I went to my local MCD for many years many times and had never noticed the signage of 90 minutes stay only. We went there with our twins and to be honest we stayed there to have a chat and we overstayed for 90 minutes. Apparently according to their Notice to Registered Keeper, we overstayed by 12 minutes. We stupidly appeal to MET saying we went there to have our meal, genuine customer bla bla bla (not admitting who the driver was) and of course it got rejected. I was intended to pay until I stumble into your forum and thought I don't want to be scammed by this Company. I did speak to the manager who fobbed me off rudely. Spoke to a different one another day and she nicely said they cannot do anything. Wrote to customer service and a generic email came back. Emailed to CEO, and the message had past to customer service, and awaiting for a reply (which might be another generic email). 

Now I have to appeal to POPLA. But I'm just in need of some guidance with what i can use as I realised that there are lots of changes to the law over the years. I did my research all week and realised some points are not longer applicable. But i just want to be sure if there is still a chance for these points? 

1.     No Keeper’s Liability

2.     No evidence of Landowner Authority – The Operator is put to strict proof of full compliance with the BPA Code of Practice.

3.     The signage was inadequate so there was no valid contract formed

4.     The ANPR system is neither reliable nor accurate.

5.     Grace Period

I'm concerned with the grace period as I read 13.6 below which doesn't seem to allow grace period. I thought of using it as to be honest the parent baby parking bay were initially blocked by the delivery motorbike who took his time to packed his food (that took a few minutes) and then organising the twins as well. So just want to make sure if I can use it or it's pointless. 

13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period.

Also I believed I read somewhere that point 4 with regards to ANPR is not valid anymore. Is that true? 

I have been reading the newer threads with MET McDonalds parking, it seems that they are able to counter argue all the points. Therefore with any of your experience, do you think there is a chance for an appeal with POPLA? 

It does feel like genuine customers do get punished. Not even sure if i can complain to my local MP as this MCD even though is nearest to me, is managed by another MP. So not sure which MP i can complain to? I really hope there is a legislation to stop this scamming especially when so many people would be terrified and pay this parking. 

Appreciate any help given here. Thank you. 

Umkomaas

Can we see your initial appeal to MET so we know what has already been said; we can then advise in a more targeted way as to how you focus your POPLA appeal. 

On the 'Grace Period' point, by how much did you exceed the 90 minutes?

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

tatty123

Hi, 
Here it the heading of the letter and the gist of the letter front and back.

Gist of the letter and the back of the letter. 



Below is the rejection letter from MET. 

Let me know if I had enclosed the information you would like to see. Also let me know if I accidentally posted any personal details. 
Thanks. 

tatty123

Umkomaas said:

Can we see your initial appeal to MET so we know what has already been said; we can then advise in a more targeted way as to how you focus your POPLA appeal. 

On the 'Grace Period' point, by how much did you exceed the 90 minutes?

Oh, I exceeded 12 minutes. 

tatty123

The initial appeal to MET was through a form and therefore we don't have a copy of it. 

Le_Kirk

POPLA appeal points are in the NEWBIE sticky third post, use them all, if they apply to your case.  For example, use ANPR only IF there is ANPR installed at the McD's.  Read other MET appeals to POPLA by searching the forum or read the sticky (one of the first five) about POPLA appeals and their outcomes.

D_P_Dance

tatty123 said:

The initial appeal to MET was through a form and therefore we don't have a copy of it. 

try this

https://www.rightly.co.uk/subject-access-request-fast/?&utm_source=google&utm_medium=cpc&utm_campaign=subject_access_request&gclid=EAIaIQobChMInbWu-Y_P6wIVhuJ3Ch2ewgOCEAAYASAAEgLBTfD_BwE

tatty123

D_P_Dance said:

tatty123 said:

The initial appeal to MET was through a form and therefore we don't have a copy of it. 

try this

https://www.rightly.co.uk/subject-access-request-fast/?&utm_source=google&utm_medium=cpc&utm_campaign=subject_access_request&gclid=EAIaIQobChMInbWu-Y_P6wIVhuJ3Ch2ewgOCEAAYASAAEgLBTfD_BwE

Thanks but i don't think MET is in one of the options. 

Umkomaas

tatty123 said:

Umkomaas said:

Can we see your initial appeal to MET so we know what has already been said; we can then advise in a more targeted way as to how you focus your POPLA appeal. 

On the 'Grace Period' point, by how much did you exceed the 90 minutes?

Oh, I exceeded 12 minutes. 

That might help on Grace Periods. So you calculate the time taken at the entry to the car park to when your vehicle was actually parked ... and account for it, e.g.  very busy as a result of people shaking off COVID lockdown and restaurants reopening. It was a Wednesday in August when 'Rishi's Dishies' scheme was in full flow and there were so many more customers taking absolute advantage of a half-price McD's cholesterol assault on their bodies. So, that took your family 5 minutes to find a spot in which to park. 

Then, on leaving the car park, the slow moving queue of cars waiting to exit the premises meant a further 7 minutes were used.  The 5 minutes front end falls within the recently down-rated BPA entry/consideration criterion and the 7 minutes to leave is below the BPA's mandatory 10 minutes grace period for exit. 

But ... if you've blabbed to MET that you were late leaving because you were having a nice friendly family chat, while your parking time clock was rapidly running down, then all my explanation above can be screwed up and thrown into your bin. That's why I said it was important to see what you've already said to MET. 

tatty123

Umkomaas said:

tatty123 said:

Umkomaas said:

Can we see your initial appeal to MET so we know what has already been said; we can then advise in a more targeted way as to how you focus your POPLA appeal. 

On the 'Grace Period' point, by how much did you exceed the 90 minutes?

Oh, I exceeded 12 minutes. 

That might help on Grace Periods. So you calculate the time taken at the entry to the car park to when your vehicle was actually parked ... and account for it, e.g.  very busy as a result of people shaking off COVID lockdown and restaurants reopening. It was a Wednesday in August when 'Rishi's Dishies' scheme was in full flow and there were so many more customers taking absolute advantage of a half-price McD's cholesterol assault on their bodies. So, that took your family 5 minutes to find a spot in which to park. 

Then, on leaving the car park, the slow moving queue of cars waiting to exit the premises meant a further 7 minutes were used.  The 5 minutes front end falls within the recently down-rated BPA entry/consideration criterion and the 7 minutes to leave is below the BPA's mandatory 10 minutes grace period for exit. 

But ... if you've blabbed to MET that you were late leaving because you were having a nice friendly family chat, while your parking time clock was rapidly running down, then all my explanation above can be screwed up and thrown into your bin. That's why I said it was important to see what you've already said to MET. 

Ah, yes that's right. We did say we were going there as a family but I really can't remember accurately what I wrote which I know might come back and bite me. I think I was naive at that time and not think carefully. 
Is there any way to view what I wrote to them again? I'm not sure how to access the appeal to MET?