McDonalds Gatwick MET Parking Charge - am I doing this right please guys and girls?

Edtough

Went 14mins over the allowed 60mins in the Gatwick McDonalds and now I have a "Parking Charge" from MET Parking Services. In my defence (if it even is one) I didn't see the signs, and with 3 children spent 30mins just waiting to order and receive food during rush hour lunchtime period.

I called the manager at McDonalds and was told the car-park land is not theirs so he has no influence over MET, and that I should first appeal to MET; this contradicts other reports I've read about the manager simply telling MET to stand down.

Anyway, is this the right template to use for appealing directly to MET?  step_1_letter (10).docx (live.com)

Do I even have a leg to stand on by claiming I didn't see the signs, and pointing out how long I spent waiting to be served?

Thanks people.

Gr1pr

It may not be their car park, many of these fast food outlets are tenants, like the ones near me, so don't rule out a complaint to McDonald's head office or CEO instead of the location itself, it a direct complaint to the actual landowner, if different 

Never assume that the name on the signs are the landowners, especially not many retailers or businesses 

Fruitcake

Edtough said:

Went 14mins over the allowed 60mins in the Gatwick McDonalds and now I have a "Parking Charge" from MET Parking Services. In my defence (if it even is one) I didn't see the signs, and with 3 children spent 30mins just waiting to order and receive food during rush hour lunchtime period.

I called the manager at McDonalds and was told the car-park land is not theirs so he has no influence over MET, and that I should first appeal to MET; this contradicts other reports I've read about the manager simply telling MET to stand down.

Anyway, is this the right template to use for appealing directly to MET?  step_1_letter (10).docx (live.com)

Do I even have a leg to stand on by claiming I didn't see the signs, and pointing out how long I spent waiting to be served?

Thanks people.

NO! Do not use that appeal under any circumstances. It is from the wholly inadequate "official" MSE article that will cost people money if they use it.

Never, ever 'phone anyone. Plan A is a complaint from the keeper, in writing to the landowner and the keeper's MP. Also complain in writing to the UK CEO of McD's. Again, the keeper complains. 

Use the appeal template in blue text you will find in the sticky Announcement for NEWBIES. If the McD's is within the airport boundary, then add a one liner to the appeal stating that the site is not relevant land where the PoFA 2012 does not apply, therefore the keeper cannot be held liable so they should cancel now to save themselves money. Send it from the keeper.

Do not reveal the driver's identity under any circumstances!

Edtough

Ah, this one?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Coupon-mad

Yes, as explained in the NEWBIES thread.  

I doubt the NTK is POFA worded but the NEWBIES thread explains all that too.  I even provide a link there, to a dedicated new thread of pictures of POFA and non-PoFA NTKs from dozens of parking firms.

Please read all of that first.  Don't just grab the template appeal and run with it.  Read the resources thoroughly.

Edtough

Thank you so much. I'm going through that Newbies thread. 

This is very encouraging since I seem to have exactly the same apparently non-POFA NTK as the person in this thread: https://forums.moneysavingexpert.com/discussion/6492155/popla-appeal-ntk-issued-to-registered-keeper-of-the-vehicle-instead-of-keeper-of-the-vehicle/p1

Coupon-mad

Which is what I suspected and this is dead easy. Use the "it's non-POFA, so get lost!" style appeal wording posted recently by @nopcns

Edtough

You certainly did! So grateful for your help. 

I’ll look that up. 

Edtough

Coupon-mad said:

Which is what I suspected and this is dead easy. Use the "it's non-POFA, so get lost!" style appeal wording posted recently by @nopcns

I'm sorry but I've been searching through nopcns' recent posts but can't actually find this wording?

Am I right in thinking it's this part of POFA that has not been complied with?

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) 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;

Am I to point his out to them as to why their PCN is non-POFA, and therefore null and void?

Coupon-mad

You can find it. He posts it often.  Please look again - take your time.

Edtough

Took more time, and now got it (I think): 

"This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw."


In my specific case, am I right in thinking it's this part of POFA that has not been complied with?:

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) 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;

Am I to point his out to them as to why their PCN is non-POFA, and therefore null and void, or just use nopcns wording?