Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: billybob47 on December 03, 2024, 01:09:23 pm

Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on April 12, 2025, 01:58:17 pm
No need - if MET challenge your appeal they'll produce an evidence pack which will contain the notices.

If I were a betting man I'd wager that they'll save themselves the POPLA fee and withdraw, but you never know.

Well you'd have made some money on that!
They withdrew today! Thank you all for your help :)
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: DWMB2 on March 27, 2025, 12:20:17 pm
No need - if MET challenge your appeal they'll produce an evidence pack which will contain the notices.

If I were a betting man I'd wager that they'll save themselves the POPLA fee and withdraw, but you never know.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on March 27, 2025, 12:11:04 pm
Awesome, thank you very much.

About to send this off - do I need to attach images of the NTK's too? or just this appeal only?

Sorry for my incessant questions, I just need to make sure I get this right.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: DWMB2 on March 25, 2025, 02:31:39 pm
Yes - on the POPLA portal, use 'other' for reason for appeal. You're appealing as the registered keeper only.

You can upload it as a PDF onto their portal.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on March 25, 2025, 02:25:08 pm
Alright, I've copied that in and filled in my vehicle details.
Should I send it off?
It looks exactly the same bar personal informaiton so I'm not sure there's a need to paste it here.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: DWMB2 on March 20, 2025, 12:39:28 pm
Here's a starter for ten... Because of the way paragraph 8 of PoFA is worded the wording of any subsequent POPLA appeal always ends up being a little convoluted, but I've tried to make the point as clear as possible:

No rush to submit so there may be other comments.

Quote
POPLA Appeal
[NAME] (Registered Keeper) (Appellant)
-Vs-
MET Parking Services Ltd (Operator)
Vehicle Registration Mark:[VRM]
 POPLA Reference Code: [POPLA REFERENCE]
 Parking Charge Notice Number: [PCN REFERENCE]

Case Overview:
I, the registered keeper (“I”/“the Appellant”) of the above vehicle (VRM: _______), received a parking charge notice via post from MET Parking Services (“the Operator”), which purported to be a Notice to Keeper, following the affixing of a Notice to Driver to the vehicle windscreen. Following receipt of the supposed Notice to Keeper, I appealed to the Operator, who acknowledged and subsequently rejected my appeal. It is my position that as the registered keeper of the vehicle I have no liability for the parking charge, and that my appeal should therefore be upheld. My appeal is on the following grounds:

1. No keeper liability: the Parking Charge Notice does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act (“PoFA”/“the Act”):
The operator does not not know the identity of the driver and is therefore seeking to recover the charge from me, the registered keeper of the vehicle. In order to be able to recover any unpaid charges from me as the registered keeper, the operator must comply with the requirements outlined in Schedule 4 of the Protection of Freedoms Act 2012. MET Parking Services have failed to do so.

Paragraph 8 of PoFA sets out the requirements that must be met for an operator to recover unpaid charges from the registered keeper of a vehicle, in cases where a Notice to Keeper is issued following the issuing of a Notice to Driver. Paragraph 8(4) states that:

(4)The notice [to keeper] must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

Paragraph 8(5) defines the "relevant period" as "the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given". As set out below, MET Parking have failed to deliver a Notice to Keeper within the relevant period defined by paragraph 8(5) of PoFA.

Date Notice to Driver was 'given': 02/12/2024
Final day of the "relevant period" of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given: 24/01/2025
Date of issue of Notice to Keeper: 06/03/2025
Date of presumed service (2 working days after issue, as per 8(6) of the Act): 10/03/2024

As is clear from the dates outlined above, the Notice to Keeper was given 45 days after the end of the relevant period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given, as defined by paragraph 8(5) of PoFA. MET Parking Services are therefore unable to rely on the provisions of PoFA to hold me liable as the keeper. Accordingly, as there is no evidence as to who was driving, I cannot be held liable for the charge, and my appeal should be upheld.

For the reasons outlined above, it is clear that as the registered keeper I have no liability for this charge, and I request that my appeal is upheld.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on March 20, 2025, 12:38:56 pm
Sounds fair, will do shortly.

Will they consider the breach of POFA or does that count as mitigation?
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: b789 on March 20, 2025, 12:36:50 pm
Just to a search on the forum for other POPLA appeals to get an idea how to put one together. POPLA will only consider breaches of law or the PPSCoP. They do not take any mitigation into account.

When you've had a search, try and put something together yourself and then show it to us. We can them advise on any corrections etc. Do not just throw something together and sending it without showing us first.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on March 20, 2025, 11:28:18 am
In an interesting turn of events, MET have replied pretty promptly.


The reply looks like they read nothing of what was said though.


I've been issued a POPLA code, can anyone help with the appeal?


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Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: DWMB2 on March 17, 2025, 05:53:38 pm
If you haven't heard back within 28 days then chase them, don't wait for them.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on March 17, 2025, 04:54:30 pm
Appeal has been submitted, I'll reply with their response (which, judging by their previous response times, will be in July) ;D
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on March 17, 2025, 01:45:30 pm
Sorry about that guys - here is a clearer version of the NTK

https://imgur.com/a/zJNMKjG

No idea why the image is sideways lol. Showing as portrait here. How annoying.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: DWMB2 on March 17, 2025, 01:41:20 pm
b789, I was (just about*) able to read the wording - they stop short of falsely claiming PoFA compliance, so they're well-aware they can't rely on it. Accordingly the suggested appeal above should either do the trick, or elicit a POPLA code, where my money would be on them withdrawing once an appeal goes in.

*OP, an imgur version would be helpful.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: b789 on March 17, 2025, 01:31:32 pm
I'm sorry but I cannot read the detail in that image you have posted. Please repost a readable copy, preferably using one. of the methods linked to, mentioned in the post above.

However, any NtK issued for this PCN before the 30th December 2024 or after 27th January 2025 is not PoFA compliant.

When I have seen the actual wording of the NtK, I will provide a suitable response.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: DWMB2 on March 17, 2025, 11:11:10 am
That Notice to Keeper has been issued far too late to be compliant with Schedule 4 of the Protection of Freedoms Act (PoFA), so they cannot hold you liable. The back of the notice suggests you can appeal, so I suggest doing so online with the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,


If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on March 17, 2025, 11:06:37 am
Apologies if the quality is a bit bad - the file size was too large.


For future reference - there's a guide to uploading using a third party here: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)

Ah I had no idea you could use imgur on here! Will do next time - much easier :)
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: DWMB2 on March 17, 2025, 11:05:19 am
Apologies if the quality is a bit bad - the file size was too large.


For future reference - there's a guide to uploading using a third party here: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on March 17, 2025, 11:01:54 am
Alas, after 3 months, I have received a NTK.

Date of issue was 6th March, however I only got it on the 15th March.

Usually I would blame the company for this (APCOA is a offender of this one in my experience - by the time I receive the notice, 12 out of the 14 days have already passed) but I think there was an issue with my local DO as I got like 7 letters all dated similarly in one day.


Attached is the NTK - what's my next move?


Apologies if the quality is a bit bad - the file size was too large.


(https://imgur.com/a/zJNMKjG)

[attachment deleted by admin]
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on February 23, 2025, 05:56:23 am
No chance of a CCJ.

Do you have any understanding of how someone gets a CCJ? Nothing we advise on here will make anyone get a CCJ.


Yeah, as I understand it's through repeated ignorance of communications. I'm not worried about getting one, I know you guys are great at what you do, it was moreso an oddly worded way of hoping this gets resolved before the POPLA stage lol.

Either way, it's the 23rd of Feb now, and nothing back from MET as of yet.

Emailed them on the 14th, as they say if you don't hear back from your appeal in 28 days, that you should email them to find out what has happened.

Really wish the law was clean and simple for cases like this - a company not responding timely should auto-cancel tickets like this, or be an auto win at a formal appeal. Imagine having to pay for a ticket you received months ago only because the of the companies incompetence.

It's getting to the point where I'm forgetting it exists.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: b789 on February 02, 2025, 02:10:28 pm
No chance of a CCJ.

Do you have any understanding of how someone gets a CCJ? Nothing we advise on here will make anyone get a CCJ.

Quote
A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.

• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.

•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).

• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.

• Debt collectors have no power—they just send letters and can be ignored.

No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).

• This is a warning that they may start a court case.

• The recipient has 30 days to reply before a claim is filed.

No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.

• The court sends a Claim Form with details of the claim and how to respond.

• The recipient has 14 days to respond (or 28 days if they acknowledge it).

No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.

• If the recipient ignores the claim, the parking company wins by default.

No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.

• If they pay within 30 days, no CCJ goes on their credit file.

• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.

• The person loses or ignores the case.

• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on February 02, 2025, 01:21:13 pm
Hope you guys had a great Christmas and Happy New Year :)

It's been a while and I've so far had nothing back from MET. I got an email of acceptance when I sent my appeal off, saying that they would get back to me within 28 days. 28 days would've been the 25th of January. It's now the 2nd of February and still nothing.
While I did send my representations a day later, I'm almost certain that if they wouldn't accept it they would state such.

Not too keen on getting a CCJ of any sort, is there much I can do apart from just waiting?
Wish this was like Haringey where you can see a timeline of what's going on with the PCN online.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: b789 on December 31, 2024, 03:23:40 pm
I made a small oopsie and sent the representations on the 30th instead of the 29th (received an email of acceptance after I sent them), how screwed am I?

I don’t know if they’ll accept it or not. I haven’t gone back through the thread to see if the date I gave you was the actual deadline or a day early. Either way, it really doesn’t matter in the overall scheme of things.

If it is in time, the appeal will be rejected anyway. It just makes a difference as to whether they are obliged to give you a POPLA code or not. A POPLA appeal is not likely to win either.

Where this is most likely to be decided is if/when they issue a claim. The most likely outcome would be a discontinuation some time later next year when they discontinue.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on December 31, 2024, 11:39:31 am
I made a small oopsie and sent the representations on the 30th instead of the 29th (received an email of acceptance after I sent them), how screwed am I?
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on December 05, 2024, 03:57:06 pm
Alrighty. Date set, now we wait :)
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: b789 on December 04, 2024, 05:34:59 pm
MET are most likely going to reject any appeal. It will be at POPLA that this PCN is more likely to be cancelled.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: DWMB2 on December 04, 2024, 03:27:14 pm
MET are more stubborn than APCOA usually, so it might be more effort than challenging them.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on December 04, 2024, 02:52:05 pm
Fair enough, I've added this to my calendar to notify me.

In terms of MET, is this as easy as sending that off and then they cancel it (much like the APCOA Heathrow charge that you helped with earlier this year, thank you 😊) or would this likely turn into a bout of letters that they'll send?
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: b789 on December 04, 2024, 09:48:43 am
Sorry, I meant 29th December. If you want to contest this, then you must ignore the "mugs discount" that they offer. It is simply a bribe to make their lives easier and to rake in the money.
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on December 03, 2024, 09:14:12 pm
Make a note in your diary to appeal this on Sunday 29th November using their online appeals option. Appeal only as the Registered Keeper. Do not identify the driver as there is no legal obligation to do so.

Use the following wording in your appeal, making sure not to select any option other that Keeper only or 'other':

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Driver (NtD) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. MET has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtD can only hold the driver liable. MET have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Then you wait to see what response they give. Keep us informed and show us any response. That Notice to Driver (NtD) does not state the relevant land in sufficient detail. I certainly couldn't find the location based on the detail there.

What were the circumstances of the alleged breach? Is this a residential car park?

I'm assuming you mean December 29? as Nov 29 has passed 😁
If I wait till Dec 29, the option to pay the reduced fine goes away.
It a residential car park, with some visible signs; NW4 4XJ.
However, with the name given on the PCN, it was not clear exactly where they were referring to (nowhere is it referred to as the location named on the PCN unless you google it)
Title: Re: Failure to clearly display a valid permit - Met Parking Services
Post by: b789 on December 03, 2024, 06:12:10 pm
Make a note in your diary to appeal this on Sunday 29th November using their online appeals option. Appeal only as the Registered Keeper. Do not identify the driver as there is no legal obligation to do so.

Use the following wording in your appeal, making sure not to select any option other that Keeper only or 'other':

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Driver (NtD) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. MET has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtD can only hold the driver liable. MET have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Then you wait to see what response they give. Keep us informed and show us any response. That Notice to Driver (NtD) does not state the relevant land in sufficient detail. I certainly couldn't find the location based on the detail there.

What were the circumstances of the alleged breach? Is this a residential car park?
Title: Failure to clearly display a valid permit - Met Parking Services
Post by: billybob47 on December 03, 2024, 01:09:23 pm
Hello guys.

I recently received a PCN (Parking Charge Notice) for an alleged parking contravention. As the registered keeper, I’m seeking advice on how best to proceed. Here are the details of the situation:

The vehicle was allegedly parked at Oakwood Park Estate on 2/12/2024.
The PCN states "Failure to clearly display a valid permit".
I have attached redacted copies of the PCN for your review.

What steps should I take to challenge this, and is there anything specific I need to include or avoid in my correspondence with the parking company?

Thanks for your guidance.

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