MET Parking - Southgate Park Stansted AIrport

[ForeverAlbion]

Hi

I have recently received a parking charge notice from MET parking services regarding a driver parking on Starbucks Southgate Park Stansted airport but entering Mcdonalds which is adjacent to Starbucks.

 

The notice states that £60 is now due if paid within 14 days of this notice.

 

The date of the alleged offence is 8th June 2019,

 

The notice was issued 25th July 2019 and received by the keeper through the post on the 29th July 2019.

 

Having read the Protection of Freedoms Act 2012. Schedule 4, Am I right in thinking that the notice should of been sent to the keeper within 14 days of the alleged offence ?

 

I will attach pictures of the notice received.

 

[dx100uk]

they don't appear to be claiming this is an ANPR capture

so an invisible PCN placed on the windscreen?

 

dx

 

[ForeverAlbion]

I'm informed no PCN was placed on the windscreen and the 8 cctv pictures they've got  on the website not one of them shows any charge  notice on the windscreen. One picture does however show the  registration of the vehicle which leads me to believe they used ANPR

[lookinforinfo]

If they are relying on POFA then yes they would have had to have delivered the NTK within 14 days of the alleged offence. However their NTK was not POFA compliant so the 14 day regulation does not apply. In that case it means that only the driver, not the keeper can be liable in Court. It is vital therefore that you do not let them know who the driver was especially  by appealing and revealing during the appeal that you were the driver by saying for example 'I did not notice the sign".

[ForeverAlbion]

Thanks for the advice,

Do you think it might be worth appealing as the keeper ? stating that they have not followed the 14 day regulation set out by section 4 in the POFA therefore there is no keeper liability. I've seen on another forum where a keeper appealed a similar situation to POPLA and the PCN was eventually withdrew by MET. 

[dx100uk]

pers I wouldn't be tipping them off

 

[ericsbrother]

MET always get the POFA NTK timings wrong, dont know why but there you go. Therefore they arent going to let you off and admit breaking the law

 

Would I appeal?

 

No because POPLA are hamstrung in what they can consider and this isnt one of the things they may make determinations on. All they will say si that you parked and were sent a notice so that is OK by them.

 

best do nothing for the moment other than ask the DLA inwriting who has accessed your keeper detaisl, when and why.there is an address in a stikky at the top of this forum to write to. Do not email, they cnatact upon an email as no proof of who you are via that.

[ForeverAlbion]

If POPLA are restricted and POFA section 4 isn't something they can consider then why is it I've saw posts on other forums from 2018 where individuals have appealed to POPLA stating a similar case and had their tickets dropped or withdrawn ?

 

There is even an article from 2015  where the lead adjudicator from POPLA says operators can recover the PCN's  from registered keepers ''Provided certain conditions are strictly complied with''. He also states that  'There is no reasonable presumption in law that the registered keeper of a vehicle is the driver, “Operators should never suggest anything of the sort,”

 

https://www.transportxtra.com/publications/parking-review/news/46154/there-is-no-50-50-rule-for-private-parking-appeals-says-popla-s-michael-greenslade

[ericsbrother]

the problem with that is Ombudsman services ltd took over POPLA in Oct  2015, after that article was written so it is all irrelevant history.

It used to be run by the people who administer PATAS and used the same methodology but the new lot dont and that is because the companies who pay for it didnt like having to prove they had a contract with the landowner every time someone appealed.

 

if it was done in the old manner we would be telling everyone to appeal as a matter of course.

your choice of course but if you prefer the advice given elsewhere then keep to that forum as different places have totally different approaches to the problem and combining them wastes everyones time and ultimately makse it more likely a parking co will be successful.

 

There is a facebook forum that has a good record for writing POPLA appeals but they are hopeless at court claims where we tend to get more of the latter.