MET ANPR PCN - Overstay - appeal rejected - Mcdonalds Heathrow Airport **CANCELLED BY Mc'ds**

[00765]

I appealed a MET Parking Services ticket received for staying at a Mcdonalds beyond 70 mins.  below is MET's rejection of appeal letter

 

'Thank you for your correspondence received in regards to the above parking charge.

 

The terms and conditions of parking are clearly stated on the signs prominently displayed around this site. These include that parking is for customers whilst on the premises only and that there is a maximum permitted stay in this area of 60 minutes.

 

Your vehicle remained on site for longer than the maximum permitted stay therefore we believe the charge was issued correctly and we are upholding it.

 

We note your comments, however, the time limit was still applicable. We are confident 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.

 

This decision, which has been based on the facts of the case and takes into account our consideration of any mitigating circumstances, is our final decision.

 

You have reached the end of our internal appeals procedure and you now have a number of options:

1. Pay or, if you were not the driver of the vehicle at the time of the incident, request the driver to pay the parking charge notice at the price of £100 within 28 days of today's date.

 

Please note that if payment is not received by this date further costs will accrue if the case is passed to our debt resolution agents for collection or if we need to proceed with court action to collect the money due to us.

 

Payment may be made online at www.paymetparking.com or by phone on 020 3781 7471.

 

2. Make an appeal to POPLA, the Independent Appeals Service, within 28 days of the date of this letter by going to the online appeals system at: www.popla.co.uk using verification code: xxxxxx

 

Please note that POPLA will consider the evidence of both parties and make their decision based upon the facts and application of the relevant law.

 

Please note that if you opt to appeal to POPLA, and should POPLA's decision NOT go in your favour, you will be required to pay the full amount of £100.00.

Please note if the contravention occurred in Scotland only the driver may appeal to POPLA.

 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal.

 

However, we have not chosen to participate in their alternative dispute resolution service.

As such should you wish to appeal then you must do so to POPLA as explained above.

 

3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with court action."

 

In my appeal,

I  explained that i did not see any signage & in any event, 

I have diabetes, o sugar was very low, so i stopped at Mcdonalds to buy some orange and waited for my blood sugars to settle.  

 

I now want to appeal to POPLA.

Are there any legitimate  grounds  upon which I may have a hope of succeeding on  appeal to POPLA?

 

Thanks

[FTMDave]

You've been here a long time.  You know these parasites never, ever accept appeals.

 

Please fill this in to help us help you, and upload the PCN.

 

 

[dx100uk]

 

 

we also need every letter in/out to date bothside suitably redacted to one mass PDF

read upload CAREFULLY...

 

next time never ever appeal..

 

 

dx.

 

 

 

.

 

[brassnecked]

fill in the details and as DX says upload pdf of the paperwork they have sent, as in everything. 60 minutes to eat in at a Maccy D is a bit too short IMO especially if someone is there with a large family.

 

 

 

.

[00765]

Good morning, I've only just finally, been able to find the original ticket notice.

 

Honeybee kindly sent me a link to the parking ticket questionnaire but i now cannot see Honeybee's post. 

 

FTMDave's link, unfortunately did NOT take me to the parking ticket questionnaire.

 

Can someone kindly resend or send me the link, for the parking ticket questionnaire. 

 

Meanwhile i will upload the ticket letter.

 

Thanks

 

2023-03-10 MET NTK.pdf

[honeybee13]

It's in post #2 by FTMDave.

 

HB

[00765]

Here is the rejection email I received

 

 

On my laptop I now see no link tab . I'll try again later when I get home from work. Thanks

 

 

 

2023-04-05 MET appeal rejection letter.pdf

[honeybee13]

I'm on a laptop and I can see it.

 

Try this below and click on Have you received a Parking Ticket?

 

 

HB

[00765]

• Thanks Honeybee for the link. So hoping I now have the correct link. Please see below

• Which Court have you received the claim from ? N/A

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant :  MET parking Services

 

Claimants Solicitors: N/A

 

Date of issue –  10/3/2023 

 

Date for AOS - I sent appeal to MET on 28/3/2023  

 

Date to submit Defence -  I have until 3/5/2023,  to appeal the rejection letter to POPLA 

 

 

What is the claim for –  Allegedly stayed in parking lot for 72 minutes rather than 60 minutes

 

 

What is the value of the claim? £100

 

 

Thanks

[FTMDave]

Something's up with the damn links.

 

That's the wrong one, it's the one for someone being taken to court.

[FTMDave]

Here is the questionnaire copied and pasted from the link.

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement Give answer here

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Give answer here
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received Give answer here
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Give answer here
 

5 Is there any photographic evidence of the event? Give answer here
 

6 Have you appealed? [Y/N?] post up your appeal] Give answer here
 

Have you had a response? [Y/N?] post it up Give answer here
 

7 Who is the parking company? Give answer here

 

8. Where exactly [carpark name and town] Give answer here
 

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

Give answer here
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

Copy the windscreen or ANPR section to your thread and answer the questions...

……....

In either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

[honeybee13]

I can see what happened. In my post, Parking Ticket is underlined for a hyperlink. This is why I said 'below' and to click on Have you received a Parking Ticket.

 

We had something similar the other day when FTMDave asked someone to 'fill this in' which is also a hyperlink, as it turns out.

 

HB

[Nicky Boy]

00765,

In case you can't figure it out, just copy the text from FTMDAVE's post 12, paste it into the reply box and edit..

[dx100uk]

pdf's updated with correct details of what each contain.

 

dx

 

[00765]

Hi,

 

I have been very unwell with kidney stones since 22/4/23 hence my silence.

 

I was just released from hospital. I remain  unwaell with a stent inserted  into my kidney & stones still in my kidney, as i await an appt for an op to remove the stones. 

 

The submission date for my appeal to POPLA, expired yesterday, so not sure if there is anything i can do but I have answered the questions as best i can below

 

Please answer the following questions.

 

1 Date of the infringement 05/03/2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10/03/2023
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s Already uploaded at post No. 5

 

3 Date received Don’t recall but think it was within the 14 days
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No
 

5 Is there any photographic evidence of the event? YES
 

6 Have you appealed? [Y/N?] post up your appeal] YES It was completed online, I do not have a copy but what I wrote is in post No. 1
 

Have you had a response? [Y/N?] post it up YES Already uploaed in post No 7
 

7 Who is the parking company? MET Parking Services

 

8. Where exactly [carpark name and town] McDonald's Heathrow, Hayes, UB3 5AR
 

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

POPLA

[dx100uk]

dont do anything now.

 

see if they send a letter of claim..

 

 

On 11/04/2023 at 00:38, dx100uk said:

we also need every letter in/out to date bothside suitably redacted to one mass PDF

read upload CAREFULLY...

 

next time never ever appeal..

dx.

 

[FTMDave]

dx is spot on.  Ignore the fleecers and POPLA.

 

However, I suggest writing to McDonald's CEO, [email protected]

 

McDonald's have shown themselves to be a waste of space in private parking cases, but if you mention the medical emergency, and the Equalities Act,, and the fact you did not overstay under the guidelines of the government Code of Practice, and the fact you've already appealed to their dogs ('cos that's what they will tell you to do) and got nowhere - maybe they will act.  I doubt it.  But nothing ventured ...

[FTMDave]

Also, when you appealed, did you out yourself as the driver?

[00765]

Basically yes

 

Thanks FTMDave & dx100uk

[FTMDave]

Good point from cuckooflower about it being an offence to drive in those conditions. 

 

That is frustration of contract if later on the fleecers were daft enough to try court.

[brassnecked]

If its a genuine emergency medicasl or mechanical, the contract should automatically be frustrated and impossible to be formed but if the did go to court here, I can't see many judges giving sympathy to the fleecers's I mean they would ticket the ambulance that arrived at a Maccu D if it was there attending an emergency probably.

[Nicky Boy]

I believe the fleecer's own code of practice specifically addresses making allowances for disabilities.

 

But, then again, I doubt they've ever read their own COP!

[FTMDave]

On 05/05/2023 at 01:30, FTMDave said:

Also, when you appealed, did you out yourself as the driver?

 

On 05/05/2023 at 01:46, 00765 said:

Basically yes

 

On 05/05/2023 at 01:23, FTMDave said:

However, I suggest writing to McDonald's CEO, [email protected]

Well, it was a mistake to tell them you were the driver, but,  hey, all of us here have made mistakes in legal disputes - the important thing is to learn for the future.

 

If you haven't already e-mailed McDonald's CEO then include cuckooflower's points about you having a registered disability and that it would have been a serious criminal offence for you to have driven away, indeed such an action would probably have ended in death for you and another road user.  Demand they get the ticket cancelled.

[00765]

Morning ,

 

I have documentation for my current medical situation.

 

Below is my hastily drafted letter to the McDonald's CEO. Is it OK?

 

"I was issued with a MET parking ticket on 5/3/23, at Mcdonald's Drive thru  Heathrow, Hayes, UB3 5AR. I was experiencing a low blood sugar event , as I am a Type 2 Diabetic.

 

As it is a criminal offence to drive in the stated medical condition, I therefore stopped at the earliest convenient location where I could also purchase some juice to assist in lowering my blood sugar level, which was the McDonald's, Heathrow. I purchased  a breakfast  including an orange juice .  I waited until  it was safe for me to drive. I explained this to MET who rejected my appeal.  

 

Under the guidelines of the government Code of Practice, I did not overstay at the stated location.  Further, given my diabetic medical emergency, it was contrary to the Equalities Act, for MET to reject my appeal and my medical emergency, will have rendered any contract as  automatically frustrated and impossible to be formed.

 

Unfortunately since MET sent their appeal rejection letter, I have suffered a further medical emergency, which has resulted in my hospitalisation.  This has meant that I have not been able to appeal to POPLA within the specified time period.

 

The on going saga of this matter, is not conducive or assisting, my current urgent medical situation. Indeed, the matter is causing me unnecessary stress, which is compounding, my medical condition.

 

Given my diabetic emergency, taking account of the  Equalities Act,  the fact that I did not overstay, under the guidelines of the government Code of Practice and that any contract was frustrated and therefore not formed, I kindly ask  McDonald's, to kindly intercede in this matter. 

 

I kindly await  your imminent response, in hopeful anticipation.

 

Yours sincerely,"

[FTMDave]

I would suggest to cut out the bit about POPLA.  McDonald's won't know what it is.  But the main point is that you shouldn't even need to appeal to the fleecers.  McDonald's should be facing up to their legal responsibilities.  It was McDonald's who called these vermin in.  I've also cut out a load of your commas!! 

 

There are some tweaks in red.

 

Watch out that McDonald's have a dreadful record of refusing to get tickets cancelled, but hopefully as you're so blatantly in the right they will get off their backsides this time.

 

If none of the other regulars object today, get that sent off tomorrow -

 

 

I was issued with a MET parking ticket on 5/3/23, at McDonald's Drive Thru, Heathrow, Hayes, UB3 5AR. I was experiencing a low blood sugar event, as I am a Type 2 Diabetic. As it is a serious criminal offence to drive in the stated medical condition, I therefore stopped at the earliest convenient location where I could also purchase some juice to assist in lowering my blood sugar level, which was the McDonald's, Heathrow. I purchased breakfast  including an orange juice.  I waited until it was safe for me to drive. I explained this to MET who rejected my appeal.  

 

I attach proof of my medical condition.

 

Under the guidelines of the government Code of Practice, I did not overstay at the stated location.  I stayed for 72 minutes in a 60-minute stay car park.  The government Code of Practice allows 15 minutes as consideration and grace periods.

 

Further, given my diabetic medical emergency, it was contrary to the Equalities Act 2010, for MET to reject my appeal and my medical emergency will have rendered any contract as automatically frustrated and impossible to be formed.

 

Had I driven away, I would certainly have caused an accident and someone could easily have been killed.

 

The on-going saga of this matter is not conducive to or assisting my current urgent medical situation. Indeed, the matter is causing me unnecessary stress, which is compounding, my medical condition.

 

Given my diabetic emergency, taking account of the  Equalities Act,  the fact that I did not overstay under the guidelines of the government Code of Practice and that any contract was frustrated, I kindly ask McDonald's to intercede in this matter and have this invoice cancelled.  MET's reference number is XXXXX. 

 

I kindly await your imminent response, in hopeful anticipation.

 

Yours sincerely,"