UPDATE - MET PARKING - POPLA APPEAL UNSUCCESSFUL

Coupon-mad

= Pretty much a POPLA template!

speedybuzz2

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).

I submitted the appeal using appeal Template given on the newbies thread. MET Parking have replied, as expected, upholding the charge. They have included the photos and locations of all car park signage and an aerial (invisible boundary). 

I am now going to take this to POPLA , what is the next step for my appeal to them? Do I copy and paste the POPLA appeal on the newbies thread?

speedybuzz2

MET Parkings reasoning in the letter:

The terms and conditions of parking are clearly stated on signs prominently displayed in this area. These include that the car park is a pay by phone car park but there is a 60-minute free stay for Southgate Park customers. At the time your vehicle was parked on site the premises located at Southgate Park (Starbucks) was closed and therefore you were not a customer. As such, the free parking period was not available, but no payment was made for your stay. Therefore, we believe the charge was issued correctly and we are upholding it.

There are sufficient signs at this location bringing the terms and conditions of parking to the attention of motorists and it remains the driver's responsibility to check the signs where they park and comply with the terms and conditions.

Please find enclosed the photographic evidence along with images of the signage on site. We do not believe we are required to provide you with the additional evidence requested at this time.

We are confident that our notice to keeper complies in all respects with the requirements of the Protection of Freedoms Act and you are advised that where the charge has not been paid in full and 29 days has passed since we issued the charge and we still do not know the name and address for service of court papers of the driver, we are entitled to pursue the registered keeper for payment of the outstanding charge.

KeithP

This appears to be a continuation of the saga started in the thread entitled - 
MET Parking - Stansted McDonalds / Starbucks Help

Probably best if you get these two threads merged into one, for two reasons...

1. your earlier thread shows no conclusion, and
2. this thread has lost a lot of the background information.

Please click Report below your post and ask MSE's Forum Team to merge your threads.

LDast

It is irrelevant. You do not identify the driver. There is no legal obligation for the keeper to do so. The location is land under statutory control and therefore not relevant land for the purposes of PoFA. What that means is that the keeper cannot be liable for the charge unless the keeper identifies as the driver, which they are not required to do.

So, the PoPLA appeal, as the keeper,  will be based on the fact that the land is under statutory control and therefore there can be no liability for the keeper to pay the charge. As the keeper cannot be liable and the driver has not been identified, the burden of proof is on the operator to show that the keeper is also the driver. They can't unless the keeper tells them, inadvertently or otherwise. Catch-22.

You also throw in all the other obvious failures such as signage failures etc.

Report them to the BPA, for what it's worth, for this mendacious statement in their response to you:

"We are confident that our notice to keeper complies in all respects with the requirements of the Protection of Freedoms Act and you are advised that where the charge has not been paid in full and 29 days has passed since we issued the charge and we still do not know the name and address for service of court papers of the driver, we are entitled to pursue the registered keeper for payment of the outstanding charge."

Absolute male bovine testicles.

Coupon-mad

speedybuzz2 said:

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).

I submitted the appeal using appeal Template given on the newbies thread. MET Parking have replied, as expected, upholding the charge. They have included the photos and locations of all car park signage and an aerial (invisible boundary). 

I am now going to take this to POPLA , what is the next step for my appeal to them?

Do I copy and paste the POPLA appeal on the newbies thread?

No, because there isn't a single template POPLA appeal in the NEWBIES thread.

Obviously easily won, based on it being non-POFA.  Explained in the sticky thread!

speedybuzz2

Coupon-mad said:

speedybuzz2 said:

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).

I submitted the appeal using appeal Template given on the newbies thread. MET Parking have replied, as expected, upholding the charge. They have included the photos and locations of all car park signage and an aerial (invisible boundary). 

I am now going to take this to POPLA , what is the next step for my appeal to them?

Do I copy and paste the POPLA appeal on the newbies thread?

No, because there isn't a single template POPLA appeal in the NEWBIES thread.

Obviously easily won, based on it being non-POFA.  Explained in the sticky thread!

Hello, 

We spoke before, thanks for your help so far. What is my next step, visit which sticky thread? How do I piece together a POPLA appeal

speedybuzz2

Coupon-mad said:

speedybuzz2 said:

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).

I submitted the appeal using appeal Template given on the newbies thread. MET Parking have replied, as expected, upholding the charge. They have included the photos and locations of all car park signage and an aerial (invisible boundary). 

I am now going to take this to POPLA , what is the next step for my appeal to them?

Do I copy and paste the POPLA appeal on the newbies thread?

No, because there isn't a single template POPLA appeal in the NEWBIES thread.

Obviously easily won, based on it being non-POFA.  Explained in the sticky thread!

Looking at your other thread response, would this be an appropriate appeal to POPLA:

As the Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4) the operator is unable to hold the registered keeper of the vehicle liable for the parking charge.

As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so. The PCN is not properly given.

The signage at this site is also in small print and incapable of binding a driver.  And the operator is put to strict proof of landowner authority.

Coupon-mad

Yes that'll do.  

speedybuzz2

Coupon-mad said:

Yes that'll do.  

I am looking to submit the POPLA appeal this morning, is this definitely suitable as a full response? I have read on other threads that the longer the appeal the better?:

As the Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4) the operator is unable to hold the registered keeper of the vehicle liable for the parking charge.

As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so. The PCN is not properly given.

The signage at this site is also in small print and incapable of binding a driver.  And the operator is put to strict proof of landowner authority.

Also, what is the next step? Should POPLA reject will I have to pay or can I take it further?