HELP - PCN from BP Stansted/MET PARKING

wainwright93

Hi all, thanks in advance for the help. 
I received a PCN Final Reminder for 'no parking, waiting loading or unloading on yellow lines' at BP Stansted airport at the beginning of March, for an alleged incident back in Jan. In my rage I logged on and wrote a quick appeal, mainly focusing on the fact that they have no photographic evidence of the car. There are about 5 photographs, none of which featuring the car. I didn't receive an initial PCN. 
I received a response from my appeal with a photograph of my car - however it is pictured leaving the garage, not sat on any yellow lines, with MET Parking kindly (?!) reducing the charge from £100 to £60. 
I remember using the garage that day, I was on a call on my handsfree, I pulled into the forecourt and waited about a minute before pulling up to fill up my car. I have a print screen of my mobile banking app showing that I was a customer of the garage on the date. 
I've read the newbies thread but I'm struggling with how to best format my appeal with POPLA, I want to present hard facts rather than getting drawn into conjecture. 
Thanks again. 

Coupon-mad

I suspect the Notice to Keeper (PCN letter, the first one) is non-POFA so as long as you never admitted to driving, you win easily by pointing out that this is byelaws land where keepers can't be held liable.  Just like all the other Airport ones.

wainwright93

Coupon-mad said:

I suspect the Notice to Keeper (PCN letter, the first one) is non-POFA so as long as you never admitted to driving, you win easily by pointing out that this is byelaws land where keepers can't be held liable.  Just like all the other Airport ones.

I've shot myself in the foot with this one. I mentioned I was driving in my initial appeal in my frustration, as I mentioned that I had no reason to wait at their garage as I have staff parking at the airport. 

Le_Kirk

You were using the garage for its intended purpose then.  The fact you had to wait to pull up to the petrol pump for whatever reason; you might have stalled the car, you might have thought someone was going to pull out/in front of you should not lead to a PCN!

wainwright93

Le_Kirk said:

You were using the garage for its intended purpose then.  The fact you had to wait to pull up to the petrol pump for whatever reason; you might have stalled the car, you might have thought someone was going to pull out/in front of you should not lead to a PCN!

Exactly! I don't know whether to only mention this in my appeal, or to include small signage/disproportionate charges etc. Would this draw from the case that my car was there using the garage in an appropriate manner? 

Le_Kirk

With a POPLA appeal you use ALL the points that you will find in the NEWBIE sticky but you start with the most winnable facts first.

wainwright93

Hi all, just another quick question! Is a NtK different to a PCN Final Reminder? In the most recent correspondence MET Parking admit that I didn't receive the first letter from them, so this is them admitting I didn't receive a PCN/NtK within 14 days? Thanks 

KeithP

wainwright93 said:

Hi all, just another quick question! Is a NtK different to a PCN Final Reminder? In the most recent correspondence MET Parking admit that I didn't receive the first letter from them, so this is them admitting I didn't receive a PCN/NtK within 14 days? Thanks 

A Notice to Keeper is not the same as a Final Reminder.

As they already know who the driver was, it doesn't matter when they send the first notice to you. 
They are allowed up to seven months to do that.

wainwright93

Thanks for such a quick response KeithP. So I don't need receive a NtK if I admitted in the appeal that I was the driver?

Coupon-mad

Nope, sadly you blew that.  No need for any NTK and no defence based on the POFA.

wainwright93

Thanks to both of you for the help. Looks like I'll be referencing the BPA Code of Practice plenty then! Would I be able to post a copy of my letter here for a quick review when I'm done?