MET PCN at BP Stanstead SF CM24 1PY

Horseleas

Hello everyone,

I got a PCN recently at the BT fuel station by MET. I appealed honestly like last time to Lidl and thought they would cancel the fine too. 

This did not happened.  I unfortunately I was honest and said that I was felling dizzy and had to stop to eat something sweet.  I forgot a valet at home so had to use a bit of coins I had in my car. Obviously I did not take the receipt for 1£ purchase. I had to even downloaded their BT app to be able to purchase the chocolate bar with the discount as i didn't have enough money. I used toilet ate the chocolate bar and left. It was dark at that time so the signs were not obvious to me and also I would never think that there would be a time limit to spend at a petrol station.  The car park was almost empty.  

My appeal was rejected by automated answer as they did not mention anything I said.  

Please can you help me with the POPLA appeal.  Also can I say at this moment in time that I wasn't driving as I might admitted in the first appeal? 🤔 

Thank you so much

Fruitcake

I hope you haven't used your real name as your username.

Please remove and repost the NTK with the dates and location showing, but keep all personal data redacted.

If you were driving, and have already admitted it, you cannot now lie and say you weren't. Plan A is always a complaint to the landowner/site manager/BP UK CEO.

For PoPLA, you should say that being ill and unable to drive caused a frustration of contract, and in any case is not parking as determined in the appeal case of Jopson v Homeguard. There the judge stated that attending to a vicissitude of some small duration is not parking, and attending to a low-sugar/medical condition would in my opinion constitute a vicissitude of some short duration.

If the Petrol station is on airport land, then byelaws apply, where you will probably find that theses byelaws permit stopping in an emergency, therefore there was no breach of parking conditions, and you should complain to the airport owner/management company if it is the fuel station on the airport site.

Use all the appeal points available to you from the third post of the sticky Announcement for NEWBIES.

This should include,

Not the landowner
No standing to issue charges in their own name.
Attending to a medical condition is not parking therefore no breach of parking terms occurred
The location is not relevant land where airport byelaws apply. Stopping to attend to a medical condition is permitted, and is not a breach of parking conditions
Inadequate signage
Any BPA CoP failures
Anything else relevant

Show us your draft appeal before submitting it.

Coupon-mad

Oh dear. You appealed before coming here and admitted driving?  100% nailed on POPLA win was available but sadly not now, if the driver was admitted.

However, POPLA is worth a try.  See the third post of the NEWBIES thread.

Horseleas

I hope now you can  see it better.  I am going to draft an appeal to Popla and come back to you. 

Horseleas

Added with dates and time. If i have the Popla code is there any poit complaining to the manager or should I focus on the Popla appeal? 

Coupon-mad

The NEWBIES thread makes it clear which must be done first.  Which is PLAN A.

Horseleas

This plan A does not apply to me as I already appealed to MET and was rejected as i stupidly admitted driving. I read in other post that i will no win in POPLA appeal as I admitted driving is that true? Should I then appeal to POPLA?

Coupon-mad

That doesn't affect PLAN A.

Horseleas

Hello there, I complained to the manager of BP and he was very unhelpful. He said that he can't help me with this and that they can't cancel the fine even when i told him by law he can and he said I will have to appeal to MET. I did appeal to MET and it was declined. So I went to the BP petrol station to obtain some photos from the parking site and there is just one sign on the left site when you drive in. I am short person and this sign is quite high when driving small car.  If parked in front of the shop there is no sign about the parking fine or on the way out. I did not get any petrol so did not notice the signs next to the pumps unfortunately.  

So I am going to write the POPLA appeal now. It was an emergency stop I didn't need petrol or anything I needed to get a sugar to my system as it was dangerous for me to keep driving.  

JerryJ64

The main point of your POPLA appeal will be the lack of signage. If the terms and conditions signs are not obvious, prominent or even visible, no contract can be formed.

You should also include as many other points from the suggested POPLA appeal post.

Coupon-mad

Do not show images of that entrance sign in your POPLA appeal.  IF YOU DO POPLA.

I would not.

You admitted to driving? Oh dear.  If so you have binned the 100% winning point and might be better ignoring it.