MET windscreen PCN - disabled bay - ASDA Arla Old Dairy.South Ruislip

[rocky_sharma]

I have amended the last two para as below.

 

My challenge is on the basis that my car was not parked up for more than the grace period, as prescribed in the BPA code of practice and referred to in the BEAVIS decision, whilst reading the signage.  

 

For this reason, I now expect you to cancel this improperly issued charge forthwith.

[ericsbrother]

what happened to the  "whilst reading the signage"?

 

pay attention to the detail ,

I didnt suggest deleting that so put it back in or it makes less sense.

 

You would have been photographed sat in the car otherwise.

[rocky_sharma]

@ericsbrother  sorry if I have misunderstood,  is this how you mean it should be?  I am surely not much familiar to the legal terms and meaning that comes out it.

 

My challenge is on the basis that my car was not parked up for more than the grace period whilst reading the signage as prescribed in the BPA code of practice and referred to in the BEAVIS decision.  

 

For this reason, I now expect you to cancel this improperly issued charge forthwith.

[ericsbrother]

yes, that is it.

get a Proof of Posting receipt for the post office when you post it, they are free.That will show you sent the appeal to them in time to the correct address (the other address isnt legal) and they may very well trip over themselves on this simple point

Edited August 1, 2019 by ericsbrother

[rocky_sharma]

Thanks ericsborther, I posted it to their registered company address yesterday and got the receipt.  I will come back when I get response from them. 

[rocky_sharma]

I have posted the appeal and soon it will be 28 days but haven't heard from MET yet,  looks like they will come back with the excuse of not receiving appeal.

[ericsbrother]

they are BPA members so that wont wash

[rocky_sharma]

Today I have got letter from MET customer services but that is just to inform that my correspondence has been forwarded to the relevant department.

[ericsbrother]

and that may well be the last you hear of it with any luck.

I had that from Highview regading a demand made from Mrs E and me telling them where to go regarding permissions. It has been quiet for months now despite them promising to come back with more threrats after 14 days if I didnt change my mind and cross their palms with silver

[rocky_sharma]

When I thought that it is almost over today I have got Parking Charge Notice Reminder from MET mentioning the charge of £100 remain outstanding

 

and that the charge needs to be paid within 14 days of the letter (4th Oct 2019) to avoid escalating through the instruction of solicitors/debt recovery agents to secure immediate payment or the issuing of court proceedings.

 

They also mentioned that the independent appeal service, POPLA is no longer available.

 

 

[dx100uk]

so what...

 

not a letter of claim

so ignore

[Will Goodfellow]

Is there no mention of your informal appeal?

Until that has been rejected your right to appeal to POPLA still stands.

 

You should have paid the £60, it's already increased to £100 which you will still owe when your appeal is rejected.

 

Lying about your length of stay in the disabled bay isn't going to do you any favours, if none of you were disabled, you shouldn't have parked there.

[dx100uk]

its a private carpark and a speculative invoice.

there is no such thing as disabled bays or otherwise that are enforceable ,they are purely made of tarmac graffiti, regardless to anytime spent in them or not.

[Will Goodfellow]

I realise it is a speculative invoice, the next step will be a money claim with costs added.

Are you going to suggest that the claim is defended on the grounds that there is no such thing as disabled bays or otherwise that are enforceable?

[brassnecked]

No its  Signage and grace period Wil, other thing is that disabled bays are courtesy on Private Land not enforceable, so to you if I dropped a disabled passenger off and had to use a disabled bay for 5 minutes to let them out and get the wheelchair, then i left so actually didn't park per se  i should get a ticket for not displaying a blue badge as the passenger had left it at home?

 

The lack of consideration of the appeal could bite them later.

[rocky_sharma]

Ok so what shall I do at this point,  ignore the notice or send some communication?

how long do I need to do this? 

Do I have to keep doing this until this goes to court?

and in that scenario how would I defend my self is there any form that I will have to use?

 

also does the fact that they sent me the last communication after 28 days of the previous one can that help here?

Will this cost me if the case goes to court? 

[dx100uk]

rocky

stop panicking

and stop being panicked by people that have obviously not read any other threads in this forum to self research what the process is they must comply with and how you then respond if a letter of claim from a fake/tame paperwork only solicitor appear, that's if they even bother to use a solicitor...

 

dx

 

 

 

[rocky_sharma]

@dx100uk -  ok I will ignore this but just a question since the signage at the parking shows £100 can they ever charge beyond that? 

[dx100uk]

not been reading up since june ray??

[rocky_sharma]

@dx100uk - it may be a stupid question from me but does this any way affect the credit history? if not then I take this as safe to ignore.

 

I appreciate your help.

 

[Mrs O'Frog]

IF They take you to court, then

IF You lose, then

IF You don't pay in full within 30 days

it will be entered on your credit record.

 

Only after the third "if", so in the event that it actually came to that, pay within 30 days.

[dx100uk]

same as above

if you'd been self helping you'd know speculative invoice don't show on credit files

 

however, should you fail to reply to a letter of claim, then they could go for a CCJ which if undefended or you lost can show and kill credit yes.

 

 

[brassnecked]

Relax think about it, they are likely to lose a defended claim, you are falling into their trap, whereby they think that by increasing the non debt will make you wet yourself and pay up.

[ericsbrother]

Again to reiterate,

there is no defined signage for disabled parking on private land in England and Wales ( different in some cases in scotland) and the blue badge scheme doesnt apply either.

They have also failed to follow the protocols of the POFA.

 

If you look back over past threads you will find a case where a parking co took a motorist to court for parking without displaying a BB and they lost.

 

Another case brought to court by a council also ended up the same way because the signage is deficient in its terms as there isnt such an enforceable condition as expressed by the general blurb they all use as it doesnt apply to any particular place.

 

the only way they could get it to stick is to have a sign expressing all of the parking terms in every parking space that is designated for such parking.

 

in short, some paint on the floor depicting some kind of go- kart doesnt cut it even if there is signage elsewhere.

[rocky_sharma]

Thank you @ericsbrother for your last response.

 

Just to inform the next event in my case here yesterday

 

I have received the letter from Debt Recovery Plus about paying parking charge of £170.00 and if I don't pay it by 22/11/2019 then they will recommend MET to take court action against me.