MET PCN - overstay - appealed - starbucks closed - Southgate Rd, 346, Stansted

[barski]

Dear All 

I have noticed this topic is very common here,

I have just received NTK for parking 41min at this car park just before Christmas.

we have entered car park at 00:08 and left 00:49, we didn't leave the vehicle at the time as it was very cold, Starbucks was closed at the time.

I went to info board and read terms and conditions on not very big and easily readable board - that first 60min is free for customers. I went on RingGo app to see do i have to account for the 60 min free parking but there was no option just assumed that first 60 min is free, 

After i have received NTK i have appealed to them straight away saying that first 60 min is free and this charge is not correct,

they have responded that as the Starbucks is closed I'm not a customer and didn't pay the fee that is why i go the charge. I didnt have a problem with paying if that would be clearly stated, but it wasn't just assumed that i don't have to. 

Should i appeal to POPLA with this? or is it lost case and should just pay reduced rate of the charge while i can?

 

[Nicky Boy]

Hi Bart and welcome to CAG,

Shouldn't have appealed. They always refuse them!

Could you please complete this sticky...

https://www.consumeractiongroup.co.uk/topic/464456-met-parking-southgate-rd-346-stansted/

You've evidently seen a couple of threads about this Car Park here. Have a good read of them.

One thing I've brought up on a couple of threads about your particular scenario, is that the signage is specific. There is no mention of Starbucks at all!! You are a customer of Southgate Park, which was obviously open (you drove in and parked there).

So, by their own signage, you're entitled to the free parking period...

[honeybee13]

Please don't appeal to POPLA, they're almost certain not to help you.

HB

[barski]

sorry very new to this portal,

how do i fill up / complete sticky (it takes me back to my post)

- is it through the Bookmark?

[honeybee13]

- Copy the questionnaire in the sticky and paste it onto this thread.

- add your answers to the questions, preferably in red.

Hope that helps, HB

[Homer67]

NOT A FINE!!!

[barski]

1 Date of the infringement 22/12/2023

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 27/12/2023 

3 Date received 04/12/2024

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

5 Is there any photographic evidence of the event? Yes

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

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

7 Who is the parking company? MET

 8. Where exactly [carpark name and town] SOUTHGATE Park, Stansted
 For either option, does it say which appeals body they operate under. Not sure

This is their answer to appeal

 

MET answer 1.pdf

 

 

2-23-12-27 MET NTK for PCN 2023-12-22.pdf

[Nicky Boy]

Thanks bart,

One of the advisors (LFI) will probably ask you to upload the reverse of the NTK later on. (They have to follow a specific format).

However, our usual advice from this point is to ignore everything they send EXCEPT a letter of claim / letter before action.

If there's any doubt, just upload it here for advice.

In the meantime have a good read around the forum at other threads, so you know what to expect in the future and educate yourself about the underhanded "business tactics" that PPC's actually use.

(You'll also find out what to do next, if you ever get a letter of claim).

 

[barski]

Hi Nicky 

In this case should i just ignore the 'pay request' and not do anything with it? and not appeal to appeal?

 

[Nicky Boy]

Thanks,

LFI will be pleased.

Let them "request" away to their heart's content... You'll be getting more aggresive letters in the future.

No appeals...

Main reason for not appealing, is that they can only take the driver to court... They obviously don't know who that is... UNLESS you "out" yourself accidentally in an appeal.

IF they follow all the requirements of POFA 2012, it allows them to transfer liability to the registered keeper, but very few PPC's actually follow POFA to the letter. (This is just one of the tools we use against them).

I've just noticed something significant on the NTK rear page... They say that in Scotland, only the driver can appeal to POPLA... Poppycock!.

There is no POFA legislation in Scotland, so they can ONLY sue the driver.

They're just trying to get the driver to out themselves.

Typical of PPC's!

Read other threads...

[dx100uk]

thread title updated

use of FINE several times changed to charge in post 1

full NTK now in sticky thread reply.

dx

 

[Nicky Boy]

Pssst! DX,

Fine... Fine... Fine... FINE!

Thanks for the cleaning up and housekeeping...

[FTMDave]

Certainly don't correspond with MET.  This is a scam site.  It's been exposed as a scam site on national television.  Logically the people who set up the scam site aren't going to agree to cancel the charge.

However, read post 5 in this thread and do the same  https://www.consumeractiongroup.co.uk/topic/464351-met-pcn-awaiting-for-starbucks-to-open-20-minute-stay-southgate-park-stansted/

Plenty of Caggers have had the charge cancelled by contacting Starbucks.

 

Edited January 11 by FTMDave
Typos

[FTMDave]

Also there is a very good chance that this car park is covered by airport bye-laws, and a private company cannot just waltz in and decide they are the law. 

It would be a good idea to find out one way or the other.  Contact Stansted Airport with their webform  https://www.stanstedairport.com/help/contact-details/  and ask
   - to be e-mailed a copy of the bye-laws
   - to be informed of what area the bye-laws cover and
   - specifically if Southgate Road is covered by bye-laws.

[barski]

thank you,

i have emailed Stansted with all the questions above, as well as I have emailed Alex Rayner (Director) of Starbucks to see what he can do.

Also in the mean time I have been to Stansted to pick up family, and visited our lovely car park, to take pictures of T&C because obviously MET would not send them to me, they are shocking

 it does state that McD's is not part of this southgate carpark, but now also Starbucks is closed for refurbishment - would that mean in MET eyes that anyone staying over a 5 min grace period will be fined? as they cannot be Starbucks customer, hhahaha even if the sign says Southgate Carpark Customer (whatever that means)..... what a scam

[FTMDave]

Well done, you've done everything right to fight back and succeed in not paying.

So is Starbucks closed for refurbishment at the moment?

 

 

[lookinforinfo]

You will probably find if Met decide to take you to Court that they will mention a famous case of Parking Eye v Beavis. they all seem to think that this will put the fear of good into you and make you pay.

However that case actually is good for you because  the Law Lords agreed that the cost of around £100 of a PCN would have been a penalty were it not for the fact that Parking Eye had a legitimate interest in keeping the park clear of motorists breaching the rules.

It follows on from there that if Starbucks is closed, Met lose their legitimate interest in keeping the car park turnover going on which means that their £100 charge is a penalty. PCNs that are considered a to be penalties are kicked out of court straight away. 

[barski]

yes thats right Starbucks now is closed for refurbishment 

[FTMDave]

Thank you - we didn't know.

I would imagine that the steady flow of these cases will now become a torrent as drivers pull in for a coffee, find the place closed, so MET decide they weren't customers and so they should pay an invoice.

They won't respect the 5-minute consideration period either, 0:01 minutes will be enough.

[Nicky Boy]

The majority will probably innocently walk across to Maccys for a coffee instead. Meaning reverse trespass...

[dx100uk]

On 17/01/2024 at 11:37, bartekskibi said:

over a 5 min grace period will be fined

it's not and never can be a FINE. 

 

[barski]

@FTMDave
received answer from Stanstead Airport:
------------------------------------------------------------

Dear Bartek, 

Our Byelaws would not cover this land as it's not under MAG ownership, this area is owned and managed by Auroa. 

Unfortunately, we do not have any contact details for the owner of this land. 

Apologies we are unable to be of further assistance. 

 

Best wishes, 

Holly 

 

------------------------------------------------------------------

 

Also sent letters to Starbucks and Euro Garages but everyone is saying they don't own the land so not their problem... 

Now thinking to find out what this Aurora is and check with them, 

[honeybee13]

Well done, I don't think we knew this.

ETA: Is Auroa the exact spelling please?

HB

[Grotesque]

I misread it as, ironically, Aurora, who we had a tussle with a couple of years ago. (A reincarnation of this outfit of the same name. But look at those figures!)

[barski]

@honeybee13 that is the info I got from Stansted customer service