Hi there,

received a parking ticket from Met parking whilst i was unloading my car after doing a massive at Costco.

I parked in the small 4 car car park in front of my flat to unload some shopping that i had done earlier in the morning from costco.

I live on the 3rd floor with no lift, i tend to take my time as its just me unloading.

I have a permit to park on the main road and yes i could have parked on the main road,

but i would have taken me ages to unload and didn't want to risk my daughter running across the road, whilst i was doing this.

I also have a visitors permit to park in the car park where my flat is, but didn't think it was necessary..

..maybe naive but i was genuinely unloading my shopping.

can i appeal on supremacy of contract.

I understand that my landlord is their employer.

Ive attached the sign and parking charge

met parking signage.pdf

met parking pcn.pdf

hi ya

can you complete this link please

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

and don't do anything further until you get the Notice To Keeper

to create a keeper liability the parking co has to follow certain protocols and issue a notice to the keeper of the vehicle between 29 and 56 days after the event and it has to use very specific wording.

This last bit is where nearly all of the parking co's fall down as they cant even copy 2 sentences from the Act and include them where appropriate.

You will wait for them to send the NTK out and when you get it let us see it so we can advise on the merits of their scribbles. Dont worry about discount periods, you arent going to be paying them anyway.

The signage is of a prohibitive nature and the damage to the signs mean they cant be read anyway.

You have a permit, that is good enough despite their demands that is ti shown.

The permit is an administrative convenience to show who should and shouldnt be there

but the parking co's only make money by chiselling the residents in this manner when that is not why they were let loose in the first place.

Are you a tenant or leaseholder?

The rights of occupation trump their contract every time

it wouild be wise to acquaint yourself of the lease/tenancy.

Knowing who the freeholder of the land is will help us as it will indicate the liklihood of the parking co even knowing whether they signed up with the right person or not whne taking on this contract to manage the parking.

Generally they do a deal with the mananging agents and that isnt worth a bean

The picture taken is of the 2nd signage which is lower to a different wall in a parking bay outside one of the other flats. the other signage is on a higher wall and the text may have not been clear as the small print isn't visible from where its been placed.

I am a tenant and the permit I have is a separate on provided by Newham council, allowing me to park in the parking zone on my road. I have a separate Visitors parking permit card which I have to fill out as and when used.

1 The date of infringement? 30th june 2017

2 Have you yet appealed to the parking company yet? No

has there been a response? No response either side .

If you haven't appealed yet - No

have you received a Notice To Keeper? no

Did the NTK provide photographic evidence? Not received yet

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) not received yet

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

N/A

5 Who is the parking company? MET PArking

6. where exactly did you park? London, Silvertown

who owns the flat and who owns the land?

Also get some pictures of the entrance to the land from the public highway so we can see what is on offer as you enter.

I would bet that they get things wrong on the NTK anyway.

Understand this,

the chances of the parking co having all the necessary permissions and getting the signage and letters absolutely watertight is almost zero.

That is why we are here.

Morning,

Updating as I've still not received notice to keeper, however I have been sent a payment reminder to pay withing 14 days £100.

Flat is owned by Peabody housing association, I presume the land is also theirs

fort street.pdf

well, post up the reminder as they have obtained your keeper details so the wording will decide if they are trying to create a keeper liability.

They will presume that as it is outside your home then you were the driver but it could be your partner, children etc who was the driver so not wise fro them to make that assumption.

Also, they will have had to rely on data from the DVLA to find out who the vehicle belongs to in the first place and they wont be able to show that they knew by any other method so they must still use the protocols of the POFA or risk you suing them for breach of the DPA whe obtaining your keeper details.

The letter will be times out anyway, it has to be in your hands between 29-56 days after the date of the event.

Peabody will have made the arrangement with the parking co as an administrative convenience and that may differ in its enforcement from the terms of your lease/tenancy.

have a read of that and tell us if parking or the common areas are mentioned at all.

PE got a slapping from a court over their admission that they would ticket an ambulance on an emergency call because its reg wasn't on a whitelist for that site.

As for your picture, there is no clear delineation between the public highway and the private land,

there is no signage saying it is private land etc and the sign on the wall in the background cannot be read from the road when entering the site.

We have already determined that the signage is prohibitive in nature and as shown doesn't apply to everywhere because of how it is positioned and the damage to the signs aymke them unreadable so cant form a contract as the offer is not there to consider in a legible form.

Attached is the reminder for both sides,

Just so that I’m not misleading this, the grounds has 2 other signs posted higher up on out block and another on a wall above where vehicles park.

The signs are all the same as the previous one I posted where there was some damage.

ft strt.pdf

ft st.pdf

it doesnt matter what the signs say where all vehicle park,

the issue here is that you were parked where they claim you shouldn't be so signage at the place where you are allowed to park doesnt apply.

As for the new pictures,

one sign is the other side of a fence so any reasonable person would believe that the fence is a boundary and thus any signage the other side of it applied to land on that side and not your side.

The one on the wall behind a hedge likewise doent define what land it applies to.

Inshort, a lack of a big sign at the entrance to the land means that there hasnt been adequate signage to indicate that you are being offered a contract as you enter the land.

Stop thinking that somehow they are right when they arent and you are halfway there to beating them..

I would be asking the DVLA who acccessed your keeper details and when.

This reminder is outside the time for a NTK and obviously not the correct wording either.

Once you have the info from the DVLA you can then decide whether to complain to the BPA about their members failure to follow their rules and ask the what are they going to do about both their behaviour and your case in particualr as they have denied you the chance to appeal, contrary to law.

Reason you wait for DVLA response?

to see when they access teh database.

If it was outside the window for keeper liability you can go after them for breach of the DPA

Hi there,

just an update to let you know that I'm waiting for the info from the DVLA via the V888 form - 2 - 4 week possibly before I get a reply.

Received another Red letter reminder from Met parking demanding £100 over due sum.

Can I send them a letter as i worry that I may find my car clamped one day on my way to work

Ive also uploaded parking info for Peabody.....doeskin really say much tbh

parking_enforcement_policy.pdf

peabody-parking-factsheet.pdf

what are you getting this rubbish from that your car can be clamped for a speculative invoice?

Might be a sign claiming an ability to clamp infringing vehicles, is this so?

no private clamping was outlawed - in 2012 I think

opps in document two...

they are calling MET parking charge notices FIXED PENALTY NOTICES

and are stating they ARE A FINE.

and they are statin they can FINE people for not displaying a valid TAX DISC!!

"All vehicles parked on Peabody estates must clearly display the following: • A valid parking permit- this must either be a valid resident parking, valid visitor parking permit or valid dispensation code, and • A valid vehicle tax disc"

Impossible to comply, DVLA have scrapped Tax Discs, so any invoice issued on that head MUST fail in a County Court claim by MET. Is now probaby an unfair term on the impossibility of compliance with the stated term.

Hi Guys,

not gettin notifications for some reason.

Reason i mentioned about my car being clamped is because my fargone ex, had his car clamped at his place of work,

I believe it may have been a local authority fine which he hadn't paid for months..

.maybe year, so that's always stayed in my mind and had me worried.

i received a letter form the DVLA yesterday evening,

its clear that on the 30th June 2016 Met parking got my info from the DVLA.

my phone isn't working at the mo so can't send a scanned image.

Ill upload tomorrow.

I also received this week another parking charge update and increase which is now at £160.

where does this leave me know with MET?

Can I appeal,

can I lodge a complaint with dismissal of fine in full?

where does any of their paperwork say FINE please?

dx

Hotdog77 you have to realise that you are not dealing with a legitimate company.

They make their money by cheating, lying and ignoring any facts that could get in the way of their money making.

Any appeal you make to them will fall on deaf ears-as far as they are concerned you have been found guilty in their kangaroo court.

POPLA might save you and the Court will do if it ever gets that far especially with the right defence.

That's why you have been asked for the NTK when it comes as most of these companies tend to fall down on the ability to comply with Regulations.

Have you spoken to your landlord and explained to him as he should be able to get them to tear up their silly bit of paper.

let me try and put your mind at ease a little by pointing out a few things that dont normally crop up in these matters.

1. The signage, by having a clause about clamping is not a valid contract as it contains an unfiar (illegal action) clause.

This means that under the Consumer rights Act you may reject the rest of the contract offered so no part would even apply if you choose that course.

2. the date they got your keeper details.

They are obliged to wait 28 days to allow the driver to cough up so by applying for the KEEPER details on the date of the event they have breached their agreement with the DVLA over accessing the database.

they have lied to the dvla because at that point they had no reason to go after the keeper.

This means you can sue them for breach of the DPA.

2 examples of criminality and you still want to appeal to the company that breaks the law and lies to you and others?

What do you think this will achieve 3 months after the event and 2 months after the time you have to appeal under the POFA?

Let us be clear,

you havent read the advice given to you properly,

people choose their words carefully because the parking co's do as well,

It isnt a fine,

they are happy to let you carry on under that misapplied thought because that makes it more likely you will pay when you dont need to.

This new letter is from another bunch of chancers otherwise known as a dca

read about them as well.

They have no powers to do anything and as for the amount now being £160

what do you think that could ever be legitimate?

Did you sign a credit agreement with them or are they court bailiffs adding costs to a FINE?

No, they are just a bunch of rentathreats paid to send out scary letters

and they know that if you are daft enough to take them seriously then they can add another £60 to the bill and you will still pay it.

If they sent you a demand for £250 no-one would pay,

they set this amount at a level and sum that peope will pay and not question as £160,

there must be a reason it is that amount surely? NO

what to do- in short, NOTHING.

they are not causing you any harm with their letters,

just keep them all safe so you can beat them with their own stick later if need be.

It may be they get a company of solicitors involved

if this happens you come back here and show us that letter and we will advise accordingly.

Normally a stiff rebuttal of that claim is enough to make them scurry off because they know they have been rumbled and go after another soft target

Hello All

Thanks and will try to keep cool. waiting on complaint sent to landlord/peabody.

thanks again

Hi there,

So complaint to Landlord didn't get anywhere as they said there was nothing they could do.

I've received a letter from a DCA now demanding payment at a reduced amount of £148 instead of £160.

Ahh, the debt collectors last gasp effort to try and get you to part with your hard earned. As usual, nothing to worry about and quite safe to ignore these clowns.

give it another year and they will be offering you a free pen when you pay up.

DCA's hav no interest in anything ever so whatever they offer is cobblers. You cannot owe more than the prescribed sum anyway but tey always add a unicorn food tax because most peopel dont know it is just a deception. If they made th demand for more than £200 peopel would question it but £148 doesnt sound like a mde up sum when it is just that

Hi there,

 

So complaint to Landlord didn't get anywhere as they said there was nothing they could do.

 

I've received a letter from a DCA now demanding payment at a reduced amount of £148 instead of £160.

Dragonfly + Ercksbrother

Well noted, I will file with the other letters

Thank you