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

KeithP

The last few lines of that appeal draft you have shown us contain enough information for anyone, absolutely anyone, to file a rubbish appeal on your behalf.

Edtough

Yes, thank you. Edited.

Edtough

I’ll go with that then?

Gr1pr

Your rejection on page 2 shows your Popla reference at least twice, needs more editing 

Coupon-mad

Edtough said:

I’ll go with that then?

Yes except you've cut this POFA quote off before the required warning of keeper liability:

"Under schedule 4, paragraph 9 (2f) of the POFA, the notice must 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,"

Edtough

Yes, thank you.

I had clipped off this part?

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;

Edtough

Take 3:

Dear POPLA,

On the 15th April 2024, MET Parking Services issued a parking charge to me (as keeper of the vehicle) highlighting that the above mentioned vehicle had been recorded via their automatic number plate recognition system for “remaining at the car park longer than the stay authorised”. There was no windscreen ticket on the vehicle - the notice to keeper was sent via post.

As the registered keeper I wish to refute these charges and have this PCN cancelled on the following grounds:

1.The Notice to Keeper does not comply with Protection Of Freedoms Act 2012, schedule 4, paragraph 9, subparagraph 2f, and is therefore not POFA compliant.

2.The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge

3.Not relevant Land under POFA 2012; no registered keeper liability (ref POPLA case Steve Macallan 6062356150)

4.Unclear signage

5.No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

Please see below for details

1) This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA) due to not giving the warning required under schedule 4 paragraph 9 sub-paragraph 2f.

Under schedule 4, paragraph 9 (2f) of the POFA, the notice must 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;

An operator can only establish the right to recover any unpaid parking charges from the keeper of a vehicle if certain conditions are met as stated in paragraph 9. MET Parking Services have failed to fulfil these conditions in the NTK issued.

2)The operator has not shown that the individual who it is pursuing is in fact liable for the charge.

At no point have MET PArking Services provided any proof as to the identity of the driver of the vehicle; nor have I provided them with the identity of the driver (nor do I intend to).

3) Airport land is not 'relevant land' as it is already covered by statutory bylaws and so is specifically excluded from 'keeper liability' under Schedule 4 of the Protection of Freedoms Act 2012. 

As I am the registered keeper I am not legally liable as this Act does not apply on this land. I put the Operator to strict proof otherwise if they disagree with this point and would require them to show evidence including documentary proof from the Airport Authority that this land is not already covered by bylaws.

POPLA assessor Steve Macallan found in 6062356150 in September 2016, that land under statutory control cannot be considered ‘relevant land’ for the purposes of POFA 2012.

‘As the site is not located on ‘relevant land’, the operator is unable to rely on POFA 2012 in order to transfer liability to the hirer. Additionally, as I am not satisfied the appellant was the driver, I am unable to conclude that the operator issued the PCN correctly, and I must allow this appeal.’

4) I require signage evidence in the form of a site map and dated photos of the signs at the time of the parking event.

I would contend that the signs (wording, position and clarity) fail to properly inform the driver of the terms and any consequences for breach, as in the case of Excel Parking Services Ltd v Martin Cutts, 2011. 

As such, the signs were not so prominent that they 'must' have been seen by the driver - who would never have agreed to pay £100 in a carpark where they could have paid nothing. It was not a genuine attempt to contract for unlimited parking in return for £100.

5) As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. 

The contract and any 'site agreement' or 'User Manual' setting out details including exemptions - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights - is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site in fact have a right to cancellation of a charge. It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs

e the definition of the services provided by each party to the agreement

I have contested points 1 and 2 with MET Parking Services with regards to their PCN reference , but they have written to me (dated 2nd May 2024) to say I have been unsuccessful and provided POPLA Verification Code  .

I sincerely hope you are able to help me.

Many thanks,

NAME

Coupon-mad

Remove this:

"I have contested points 1 and 2 with MET Parking Services with regards to their PCN reference , but they have written to me (dated 2nd May 2024) to say I have been unsuccessful and provided POPLA Verification Code  .

I sincerely hope you are able to help me."

You'll win anyway!  No need to beg.

Edtough

You're the boss!

Wish me luck.

Edtough

To update this thread, here is the latest from POPLA:

"The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Kind regards

POPLA Team"

Thank you so much for your help! The moral victory is almost worth more than the £60 saved.    Shows what a cowboy world this private parking enforcement is.

I hope others might find this thread useful themselves if they also fall foul of MET Gatwick McDonalds!