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

[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

[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

[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

[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

[00765]

Basically yes

 

Thanks FTMDave & dx100uk

[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,"

[00765]

Thank you all, I have sent the email & now , wait.

 

I'll update you as things proceed

 

Thanks

[00765]

I have heard from McDonald's Heathrow.  Below is their response

 

"I am writing further to your contact regarding our Heathrow restaurant. I have noted your comments and welcome the opportunity to confirm the policy on this matter.
 
Putting in place enforcements within our car parks is only done after careful consideration and absolutely as a last resort. Primarily, we use parking measures to ensure there are spaces available for our customers’ vehicles, as well as to deter unwarranted or unreasonably prolonged usage of the parking. This is especially necessary at our restaurants which are in close proximity to airports such as Heathrow where we have seen our parking bays used by non-customers in the past.
 
I can confirm these restrictions are managed by an independent company who are responsible for monitoring the car park and taking details of registration numbers. The regulations and signs at the restaurant clearly state the policy and the relevant charges.
 
I've just spoken with the manager at the restaurant and they have agreed that on this occasion they will contact the parking company and have the ticket cancelled."

 

Great result!!   Thanks FTMDave for the suggestion that I communicate with McDonald's. Huge appreciation to everyone on this page who assisted. I am grateful

[00765]

dx100uk, Yes i will donate