UPDATE - MET PARKING - POPLA APPEAL UNSUCCESSFUL

speedybuzz2

Hello all, 

After doing some digging and going down a few rabbit holes, I can see this is a well known scam.

I have read the newbies thread and looked at a few templates, I would like some assistance on what to put in my initial appeal to MET parking (I know this will likely get rejected and then I can take it to POPLA with the full legal template provided on these forums).

In short, I have been served with a Parking Charge Notice at the Southgate Car Park, arriving at 3:29am and leaving at 3:44am, blissfully unaware of this massive scam. They have CCTV stills provided on the letter of my car entering and exiting. They claim I have breached the conditions displayed on the signs (which might I add are in pitch black and have no clear boundaries of which car park is which).

Can anyone let me know what to put in my initial appeal to MET parking?

Thank you, any urgent response is appreciated as I want the submit the appeal today

LDast

Read the Newbies/FAQ thread which contains the template appeal to use. No identifying who was driving.

speedybuzz2

LDast said:

Read the Newbies/FAQ thread which contains the template appeal to use. No identifying who was driving.

Thank you for your response, but I find the newbies thread difficult to navigate. Can you copy and paste the appeal response I need to use

Coupon-mad

No need. It is in blue writing there.

speedybuzz2

Coupon-mad said:

No need. It is in blue writing there.

Just found it, thank you. 

Is it likely to get rejected? Then do I just take it to POPLA and use the legal template supplied on other threads?

speedybuzz2

Coupon-mad said:

No need. It is in blue writing there.

The appeal is asking to confirm whether I am the vehicles driver or keeper? I assume I click keeper as I will make no admission to driving

Gr1pr

Keeper appeal ONLY, using the blue text template, expect a rejection 

speedybuzz2

Gr1pr said:

Keeper appeal ONLY, using the blue text template, expect a rejection 

Thanks. I do expect a rejection, however what is the next step? I have read a lot of cases online and do MET parking have never taken anyone as far as court. Do I just take it further to POPLA and follow the legal template?

LDast

When the time comes to do your POPLA appeal, you focus mainly on the fact that as the keeper, there is no liability for the charge. Only the unknown (to MET) driver can be liable because they cannot rely on PoFA as the location is land under statutory control. 

Once you have established that only the driver is liable and you, the keeper, are under no legal obligation to name the driver and MET cannot infer or assume you were the driver, the burden of proof rests with MET to prove otherwise, which they can’t and so the PCN has been issued incorrectly.

You will also throw in a few other “kitchen sink” items too.

speedybuzz2

LDast said:

When the time comes to do your POPLA appeal, you focus mainly on the fact that as the keeper, there is no liability for the charge. Only the unknown (to MET) driver can be liable because they cannot rely on PoFA as the location is land under statutory control. 

Once you have established that only the driver is liable and you, the keeper, are under no legal obligation to name the driver and MET cannot infer or assume you were the driver, the burden of proof rests with MET to prove otherwise, which they can’t and so the PCN has been issued incorrectly.

You will also throw in a few other “kitchen sink” items too.

Thanks, I am feeling confident. Is there a POPLA appeal template on the newbies thread? 

Are a majority of these POPLA appeals won if it is never confirmed who the driver is?

Gr1pr

There is no Popla appeal template,  only advice and previous examples by other victims, in announcements at the top of the forum.  Each Popla appeal is bespoke, based on the facts of the actual case in question, so in your case based around your facts, rules, code of practice etc

Depends on the facts, depends on if the parking company complied with POFA or not, or if POFA schedule 4 does not apply at the location, nothing is guaranteed , especially not when Popla assessors are involved