MET/DCB(L) windscreen PCN PAPLOC Now Claimform - electric bay abuse - ASDA Arla Old Dairy South Ruislip

[rocky_sharma]

After shopping at ASDA when I returned to my car in the car park (operated by MET), which was parked in the bay marked for electric vehicles I saw PCN attached to my car's windscreen and it was regarding electric bay abuse. 

 

My car is not an electric car but is this PCN fair?

[dx100uk]

any bay markings on private land are purely tarmax graffiti..

 

please complete this:

 

 

 

[sparkeyrjp]

I Know I will get flamed for this , but for once time only I am with MET .

The so called  “graffiti” is there to help people ,

• Parent and child bays ,
• Disabled bays ,
• and electric charge point bays

are all there for a reason  ,

just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space .

how would you feel if the bay was obstructed .

I have no doubt the experts here will guide you to having the parking charge cancelled .

But morally ………..

[dx100uk]

PPC's are not the moral Police

and why should they make money out of it to their pocket?

same as a dca on any debt you don't pay

[rocky_sharma]

1 The date of infringement? ANS: 5th Dec 2019

2 Have you yet appealed to the parking company yet? [Y/N?] ANS: N

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] ANS: N

5 Who is the parking company? ANS: MET Parking Services Limited

6. where exactly [Carpark name and town] did you park? ANS: (840) Arla Old Dairy, Ruislip, HA4 0FY

.............................

For either option, does it say which appeals body they operate under.

There are two official bodies, the BPA and the IAS. ANS: BPA.

[rocky_sharma]

@sparkeyrjp -   

I have children and all parents and child bays were occupied (unfortunately no body receives ticket on those bays)

I searched for other empty spaces except disabled bays, only option was to park in electric charge point bays and there were plenty of those available if any body needed to use the electric charge point.

[dx100uk]

await the NTK.

 

dx

 

[ericsbrother]

agree, do nothing until the NTK comes through the post. It has the be served between 29 and 56 days after the date of the incident or it isnt POFA compliant and that means no keeper liability can be created.

MET have yet to get any of the tickets we have seen here right so dont be in a hurry to sort this matter out.

If you go to that place frequently can you get some pictures of the signage at the entrance to the car park and also what is placed around the car park. If there are specific signs at the charging points then we need to see those as well.

There is no equivalent for parking in a charging bay in the RTA and even Westminster just say please move along when finished but it is not clear whether they will do you for parking in a residents only area if you are charging your car and come from out of town but they do mention paying for 10 minutes parking to charge for 4 hours so perhaps they rely on the residents permit scheme to enforce the use of the EV bays.

Now I sympathise with Sparky's position except that the private parking bandits arent there to enforce anything nor to make you change your ways, they are there purely to make money for themselves.

If for example the store used the money to provide more EV points or maintain the existing infrastructure then I would tut loudly as well but there is a conspiracy of silence when it comes to the Govt rolling out schemes for such things they arent paying for and the supermarkets, developers etc who pay for their installation but seem to be supine to any idea without considering how their customers really feel about such things.

they all seem to think that they should act like insurance companies do and create a cartel to maintain their position rather than offering a genuine choice to the consumer

[rocky_sharma]

Today I received NTK from MET with mention of Parking Charge Amount £100 is Due. 

The date of the issue of the notice is mentioned as 6th Jan 2020 which surprises me as it took almost 7 days to arrive in post. 

It also mentions that 28 days from the date of the notice,  if the amount is unpaid then they have right to recover that from me.

@Ericsbrother,  Please see attached single image showing where my car was parked and second set of images showing signage.

 

Pixs .pdf

[dx100uk]

we need the NTK please bothsides as well

 

dx

 

[rocky_sharma]

@dx  Please see attached NTK.

 

2020-01-06 NTK re pcn 2019-12-02 Electric bay abuse .pdf

[ericsbrother]

the charge is for electric bay abuse.

I dont see a condition on their signage that says you agree to paying them anything for such a thing, there is a notice saying that it is prohibited for anyone other than someone charging their car up to use the bay but that isnt an offer to park in that space for £100.

the signage at the entrance is an "invitation to treat" so you are not bound by the terms offered on the other signs unless you wish to be.

both of these things as not matters that will be looked at in an appeal to POPLA so not worth appealing.

I  also offer the opinion that as the paint job in the bay does not fulfil the requirements of proper sigange as required under the Road Traffic Act ( yes I know it doesnt apply but is Cleary the gold standard for signage etc) then there is no such restriction.

It has already been found by the courts that so called disabled parking spots need the blue plate as well as some paint on the tarmac to be determined as to their proper function on private land and their usage has to be made clear on the sign AT THE ENTRANCE and your invitation to treat doesnt mention it as a prerequisite so nil points there.

I can put a sign in my front garden saying do not park in front of my house and it carries no weight whatsoever despite the intention being clear , dont get bogged down by argument about " you can clearly see it is a charging point". Well, nothing to stop the disabled parking in any space they wish so without the force of correct signage and legislation to support it nothing to stop you from parking there.

[rocky_sharma]

I have got few letters begging for money now

I wonder shall I at least sent them letter acknowledging this and informing that I am not ready to pay or something?

as sitting idle doesn't seem like a good idea.

[FTMDave]

Why?  They're not taking you to court.  They're just sending toilet paper.  Sitting idle is an excellent idea. 

 

In fact replying to them would show you're taking their silly threats seriously and you could admit to something and lose your rights under the POFA.  So keep on enjoying ignoring their nonsense.

 

Come back here though if they send an LBA.

[dx100uk]

rocky you MUST read threads to self help .

 

 

[ericsbrother]

you have another thread where i mentioned another case about disabled parking bays needing specific notice at the entrance.

The same will apply with this bay as well.

 

Also look up the standard on road  signs for electric charging points and see if they are the same in your case.

If they arent what does their signage mean exactly?

[rocky_sharma]

same as posted on my another thread

shall I go for the option of POPLA appeal in this case

I think there is still time to do it in this case.

[ericsbrother]

no, you have to appeal to the parking co first and you are too late for that by a mere 2 months. also what do you think the people paid by the parking co's are likely to say about somehting they have no jurisdiction over?

 

stop panicking and do your homework then igniore them some more.

[rocky_sharma]

I have received Letter Before Claim from CST Law Firm who has been instructed by MET Parking Services to commence legal action against me. 

since last one or two months I have started receiving letters again. 

Not sure if the gap between two letters is more than a month than case is still valid but looking forward to get some help.

I suppose Letter Before Claim now officially requires me to respond or take some action?

[honeybee13]

 

[FTMDave]

Threads merged.

You need to send a snotty letter to CST Law.

There are plenty in the threads immediately below yours. 

Please post up a draft of what you propose to send, and we'll suggest any tweaks.

[rocky_sharma]

Actually the CST has sent me the form to fill in,  please see attached. 

 

2021-01-29 CST PAPLOC.pdf

[dx100uk]

They only do this because they are hoping you have moved and wont see it nor reply..to a letter before action, the one and only time you should ever respond to a speculative invoice claim.

 

Then they are pretty much guarantee d to get a backdoor CCJ by default.

When should they do so 'upfront ' their chances of a win are very slim if properly defended. 

 

Dx

[FTMDave]

Don't fill in their form!  You should show total contempt for their procedures.

 

I love the bit "The charge amount includes £0.00 claimed by our Client for the time spent and resource facilitating the recovery of the charge"!!!

 

BTW, how much are they claiming from you?  There is bound to be Unicorn Food Tax in there.

 

Have a look at the snotty letters at the end of Ellemar21 & bolmgsr's threads.

[rocky_sharma]

the charge amount is £170.