MET ANPR PCN Claimform - overstay - ignored everything - (346) SOUTHGATE PARK STANSTED CM24 1PY ***Claim Discontinued***

[wisniawy]

Hi there 

I got a MET parking PCN charge last year in May 2022 as I was going to airport but there was an incident on M11 which I have proof of pictures therefore I couldn’t make it on time for my flight.

I rebooked new flight for 2 hours later so I went to McDonald’s parked the car unaware of any restriction as when you drive in you just look where to turn . I parked in for 147 minutes as I thought it’s 3hours grace time for using Starbucks and McDonald’s (by the way it was Starbucks park- completely empty) but it was only 60min apparently.

PCN shows front and back of my car at 2 different time just as you turn towards McDonald’s drivethrough.

I ignored all the letters ever since and I just got court claim form totalling 275£ to pay or defence myself . I don’t believe I should pay a penny I will defend myself .

Any help much appreciated in what I should write down and

2nd question

if court decide I have no valid reason do I have to pay more and if so how much?

It’s very poor signage there and I was already stressed at the time and paid 100£ for new flight ( I know that’s not an excuse)

PS I was always told very rarely them private companies take court action hmm  

Help pls !! 

[honeybee13]

Hello, welcome to CAG. We don't think you should pay either and we'll help you with this.

We need some more information so we can advise you. Could you let us have the details requested in this sticky thread please? The important thing now is for you to sign up to MCOL, acknowledge service of the claimform on there and say you will be defending.

After that we'll help you sort out a defence.

Best, HB

 

[lookinforinfo]

It is a well known scam site as Met parking cover two car paks there and it is almost impossible to park in the the right car park. So it will be interesting to see  what you have been charged with. either just parking too long or also parking in the wrong car park. 

Could you please post up your PCN and answer the questions below. The land is covered by Bye Laws so the keeper is not liable to pay the PCN.

  Have you received a Parking Ticket - please fill this out?

By silverfox1961, February 24, 2016

 

Interesting that you think you shouldn't have to pay anything when you apparently overstayed by more than 40 minutes. Any reason for that  when the notices would have included the free time.

 

Edited December 13, 2023 by lookinforinfo

[honeybee13]

That's in addition to the information in the sticky I posted, LFI.

HB

[lookinforinfo]

That's right Honeybee but the PCN is often the best way to start to  build up a defence for  Wisniawy. We will obviously need both questions to be answered so that £275 does not need to be paid.

[honeybee13]

Sure. I was just keen to make sure that the AoS is done before the deadline.

HB

[honeybee13]

As it happens, someone else arrived on the forum today and they've had a claimform for the same car park.

HB

[wisniawy]

I am at work will talk after. Can I post pictures of original PCN and claim form here?  Would that be easier ? Obviously I am aware I need to do AOS first

[honeybee13]

Yes, post up the documents [cover up your personal information, reference numbers and car registration.

But please post up the questions and answers to our questionnaires as well.

Let us know if you have any queries when it comes to the AoS.

HB

[Nicky Boy]

Part of filling out the stickies as requested earlier will ask you to upload the docs.

Ooops sorry, crossposted with HB...

[FTMDave]

We need the two stckies filling in.

Well done on not corresponding with MET and not outing the driver.

We also need to see their letters, in particular their original invoice as there is a very good chance it hasn't established keeper liability, and also we need to see if they respected the court process and issued a Letter of Claim.

LFI calls this car park a scam site - spot on.  It has been shown up as a scam on national television.

For years & years MET didn't dare chance court but in the last month we've seen a spate of court claims.

To answer your question - the way the legal system works is that costs are already included in the claim.  So if you give in now you pay £275.  If you lose in court you pay essentially the same.  So of course it's worth fighting.

[wisniawy]

Hi there sorry to keep you waiting guys 

I finally managed to upload original PCN and court claim form .

I am not very good with this lol .

What’s next step for me ? 
 I know there is another guy with similar issue and same date of court claim. 
p.s.

honeybee13 

you written earlier 

(But please post up the questions and answers to our questionnaires as well.)

what you mean by that ? 
 

 

claimform.pdf NTK.pdf

[honeybee13]

In posts 2 and 3 there are links to other threads here. We need you to copy and paste the questions with your answers in red please, onto posts in your thread.

HB

[lookinforinfo]

Thanks for posting up the two documents though there are still questions that require answering in each questionnaire.

We don't often get overstay PCNs on this site-usually it is for parking in the wrong car park. The latter is easily beaten but the overstay is more problematic.

The good thing is that as the event took place at Stansted it is covered by airport Byelaws which means that the charge cannot be transferred from the driver to the keeper which would normally be the case should the PCN not be paid within 28 days. 

Your PCN cannot be governed by the Protection of Freedoms Act 2012 which is the Act relating to the private parking industry because the Bye Laws effectively  take precedence over the rules of PoFA. Though you as keeper are not liable, the driver is now the only person who can be pursued. As Courts do not accept that the keeper and the driver are the same person and anyone with a valid motor insurance policy can drive your car, it makes it difficult for Met to persuade the Court who the driver was on that day.

Included in their Claim form is a demand for £170. The maximum they can claim is £100 . It is important that whenever you respond to MET that you do not say "I parked the car   ....."but rather say "The driver parked the car..." so that you do not give away that you were driving if you were the driver.

[wisniawy]

Thank you for that .

I am aware overstay is unusual.

Pictures only show  driver entering at certain time and leaving .

If I have to pay I will but if I can get anything out of it by sending the defence it would be great .

Btw

how do these companies prove all the correspondence was delivered and read as all the letters are never signed for or tracked .

Thank you for stating what to do if you respond to MET but I never do /did .

I guess I have to answer questionnaire now in red .

Is it better to do AOS online or send the actual form back to court?

Pictures don’t even show car being parked by the way .

Driver could have gone anywhere to be honest .

Go to drivethrough get out other way .

Go to BP station come back same way 1 hour later then go to Starbucks parking stay there for an hour and then leave .

APNR would always just recorded same 2nd picture as it’s when you leave Starbucks parking .

Sorry if that’s confusing 

What is in the event of someone not talking or writing in fluent English .

Let’s say one receives a claim form and is not confident dealing with it in English .

It’s not a case with me obviously but just general question.

Is there a certain protocol to follow in such a case

lol ?  
 

 

Name of the Claimant : MET services Ltd

Claimants Solicitors: CST Law

Date of issue – 7 December 2023

Date for AOS - 25th dec

Date to submit Defence - 8th jan

What is the claim for – 

1.The Claim is for unpaid parking and collection charges for parking in a private car park managed by the Claimant.  

2.The Defendant contravened the Claimant's displayed terms and conditions in the car park located at (346) SOUTHGATE PARK STANSTED CM24 1PY.  

3.The breach occurred on 2022-05-17 and for which Parking Charge Notices were issued. 

4. The Defendant is the Driver and/or Hirer and/or Owner of the Vehicle with Registration Number XXXX XXX to which parking charges relate.  

The Claimant claims: 

1. The sum of £170.00 GBP for monies relating to the parking charge/s as set out above.  

2. Interest in the sum of 20.08 GBP pursuant to s69 of the County Courts Act 1984 at the rate of 8% pa from 14/06/22 to date, or such other rate as the court deems fit.  

3. Interest heron in at the same rate until judgement or sooner payment at the daily rate of 0.04 GBP

What is the value of the claim?

Amount Claimed £190.08

court fees £35.00

legal rep fees £50.00

Total Amount £275.08

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) NO

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? I think so

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

 

1 Date of the infringement 17May 2022

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 20 May 2022

3 Date received One week after 20 May2022

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] No

7 Who is the parking company? MET Services Ltd

8. Where exactly [carpark name and town] Southgate Park, Stansted Airport

 It’s very similar to other person who is posting here even same date of issue claim form 

obviously different reason for it 

[dx100uk]

pop up on the MCOL website detailed on the claimform

.register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
then log in to the MCOL Website

.select respond to a claim and select the start AOS box.

.then using the details required from the claimform

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[Nicky Boy]

10 hours ago, wisniawy said:

how do these companies prove all the correspondence was delivered and read as all the letters are never signed for or tracked .

Legally, you just have to show that stuff is posted, not delivered.

We always advise users to get a free proof of posting at the post office, when sending letters to these... errr, companies.

These... err, companies on the other hand don't seem to do the same thing, simply relying on a printed "sent" date at the top of their PCN invoices.

We regularly see PCN's uploaded by victims here with a "sent" date of around two weeks before the victim actually receives it.

The intent is to panic the recipient, because their arbitrary rule of 14 days to pay the reduced charge, is close to expiry or has actually expired.

This is just one small example of how these... err, companies work!

Read around the forum. You'll roll your eyes in surprise / disgust at some of the stuff they get up to...

[wisniawy]

Hi there 

I managed to register and do AOS online thank you .

In regards to sending CPR to MET solicitors do I best type on PC and print it or can I write it myself as a letter.

Obviously post it recorded I know.

Also do I name that letter as actual abbreviation CPR 31:14 request ???

And the template itself is it ok to retype in similar way sentence after sentence?

Hope it is though.

Also there is this text in CPR template look below: 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

WHAT DO I WRITE THERE PLEASE ???

There is attachment of my claim form.

Can you let me know what I put there 

Edited December 20, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

print and send it off as is. simply entering the necessary details

dx

 

[lookinforinfo]

Bit cheeky of them to charge 8% interest on the £70 which is a fictitious charge in any case.

 

[wisniawy]

Hi 

can someone look at my claim form pdf attachment earlier and tell me what I input there pls ( what documents are  mentioned in my claim ) pls 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

Much appreciated as I am finishing cpr request and don’t want to make silly mistake 

[FTMDave]

You are making too much of a simple form which 90% of the time isn't answered anyway.

Just send the form as it is.

[wisniawy]

will do I guess I am overthinking it thank you 

[dx100uk]

ive updated the CPR sticky a bit now.

dx

 

[wisniawy]

Can I just ask after you file defence what happens ? Do you have to go to actual hearing?