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MET Parking Services, BP petrol station Stansted Airport

Hi everyone!

I'm a newbie to the forum and to UK legislation. I recently moved to the country, so please don't be upset or angry if I ask some obvious questions, as they might not be so obvious to me. Thanks in advance for your help!

I just received a PCN from the BP station at Stansted Airport mentioned in this thread, so I have some questions.

The PCN seems to be similar to others received from other people in this forum.

Here the PCN




I found the NEWBIES thread very helpful.
But I still have some doubts, probably for the lack of knowledge about the UK legistation.

Just few more questions about the steps for appealing:

1) First, Always complaint with the landowner. I need to write it to the general manager of the petrol station, right? I checked in the templates complaints  threads, but I couldn't find any template against petrol station, but there are few against MET.

2) Second, I have to appeal to MET using the following template from this https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1 thread. Right?

3) I bought stuffs from the petrol station, do I need to attach a receipt? Can I mention I was sick and I used the toilet from long time? 

4)Anything else for starting? Do I need to wait the reply from MET for the next step (POPLA appeal)?..

5)Following in the  NEWBIES thread, there is a post (the second) beginning with SMALL CLAIM?
It is not my case, am I right? 

Sorry again for asking, but I'm struggling between difficulties with the language and the technical words. 

Thanks in advance 
«1

Comments

  • Le_Kirk
    Le_Kirk Posts: 21,945
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    Correct, Plan A is first, see how you get on with that. Also correct, you are not at small claim stage yet.
  • Debszzzz2
    Debszzzz2 Posts: 208
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    edited 10 February at 8:07PM
    Good luck with Plan A... However, this Garage is not known for being helpful.

    You should understand that the garage is located on land covered by airport bylaws. As such, it is not, for the purposes of trying to rely on PoFA to hold the "keeper" liable, "relevant land". Therefore, only the "driver" of the vehicle can be liable for any alleged charge for breaching any term or condition at the location.

    As long as the identity of the "driver" is not revealed and there is no obligation in law to do so, then you, as the "keeper" of the vehicle cannot be liable. The PPC has no idea of the identity of the "driver". Even they had an HD image of the driver, they still have no idea who that is. There is no magical database that they have access to that can put a face to a name and address.

    The most likely outcome if you are unsuccessful with Plan A is to move on to Plan B which is an appeal to MET which, again, is unlikely to succeed. This leaves you with Plan C, an appeal to POPLA where this almost certainly will be successful as long as the failure to identify the "driver" cannot make you liable as the "keeper".

    You must, in the event that Plan A is unsuccessful, complete Plan B in order to be able to move on to Plan C.
  • Coupon-mad
    Coupon-mad Posts: 129,388
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    edited 10 February at 8:02PM
    Can I mention I was sick and I used the toilet from long time? 
    Nononono!  That tells them who was driving!

    Just go straight to the appeal and DON'T add any evidence or extra words.  Do NOT tick 'driver'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mefistofele
    mefistofele Posts: 11
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    Debszzzz2 said:
    Good luck with Plan A... However, this Garage is not known for being helpful.

    You should understand that the garage is located on land covered by airport bylaws. As such, it is not, for the purposes of trying to rely on PoFA to hold the "keeper" liable, "relevant land". Therefore, only the "driver" of the vehicle can be liable for any alleged charge for breaching any term or condition at the location.

    As long as the identity of the "driver" is not revealed and there is no obligation in law to do so, then you, as the "keeper" of the vehicle cannot be liable. The PPC has no idea of the identity of the "driver". Even they had an HD image of the driver, they still have no idea who that is. There is no magical database that they have access to that can put a face to a name and address.

    The most likely outcome if you are unsuccessful with Plan A is to move on to Plan B which is an appeal to MET which, again, is unlikely to succeed. This leaves you with Plan C, an appeal to POPLA where this almost certainly will be successful as long as the failure to identify the "driver" cannot make you liable as the "keeper".

    You must, in the event that Plan A is unsuccessful, complete Plan B in order to be able to move on to Plan C.
     Thanks! You have been really clear! Now, I understand much more about this case.
  • mefistofele
    mefistofele Posts: 11
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    For the PLAN B, appeal to MET, is there a best moment to submit it (within 28 days)? 
    Can I submit it within the 14 days or it is better to wait?

  • Coupon-mad
    Coupon-mad Posts: 129,388
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    Do it now.  Like I said above, you only need to do the appeal without saying who was driving.  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mefistofele
    mefistofele Posts: 11
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    Yesterday I submitted the appeal to MET, today I got the answer...rejected. 




    I will make a draft based on all the info in the forum and then I will post it here.
    Happy if you have any suggestions for this stage.
    Thanks in advance




  • Debszzzz2
    Debszzzz2 Posts: 208
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    Just have a look at the POPLA thread for examples of successful Plan C appeals. MET are showing their intellectual malnourishment by rejecting you Plan B appeal and having to fork out over £30 to pay for a POPLA appeal which, if you lead the assessor to the fact that MET cannot rely on PoFA to hold the RK liable, only the driver, then the PCN as issued to you, the RK cannot have been issued correctly and they will uphold the appeal.
  • Fruitcake
    Fruitcake Posts: 57,993
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    edited 12 February at 9:57PM
    Use all the points available to you from the third post of the NEWBIES which should include where relevant, but not limited to,

    Not the landowner
    No standing to issue charges in their own name
    Not relevant land/airport byelaws apply/keeper cannot be held liable
    Inadequate signage
    BPA CoP failures
    An occupant of the vehicle was taken ill and needed more time, making the restrictive 30 minutes permitted an unfair contract term in breach of the Consumer Rights Act 2015
    Anything else relevant
    I married my cousin. I had to...
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  • Coupon-mad
    Coupon-mad Posts: 129,388
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    Rejection as expected. Dead easy to win.  

    Here's a POPLA appeal I wrote last week for a friend, based on one by @troublemaker22 - this is all you need to put in and it'll fit in the POPLA appeal box:

    POPLA APPEAL:


    1.      No keeper liability

    I appeal as keeper.  I am not obliged to identify the driver and I decline to do so. Even if (which is not the case) the driver is liable, the operator can only transfer the driver’s liability to the keeper by complying with the strict requirements set out in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’).

    As recognised in the BPA Code of Practice, strict compliance with POFA is required in order to pursue a keeper. Assumption, or partial or even substantial compliance is not sufficient even for the BPA, as the CoP states:

    "21.2 As long as the strict conditions of Schedule 4 are met, you may claim payment from the keeper or the hirer of the vehicle rather than from the driver. To do this you need to follow the procedures set out in the Schedule…"

    POFA paragraph 9.(2) (f) states that a notice to keeper "must ...: warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

    (i) the amount of the unpaid parking charges … has not been paid in full, and

    (ii) the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid."

    The PCN does not comply with POFA. That's fatal to their case. Game over.

    2.  The operator has failed to demonstrate that its signage was adequate to give rise to a contract with the driver to pay the parking charge.  

    3.  The operator has not proved that it owns the land in question or was authorised at the relevant time by the landowner to issue and enforce parking charges.

    I reserve the right to expand on these points in light of any arguments or evidence put forward by the operator in response to this appeal. 

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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