Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Luminance7491 on May 01, 2025, 05:56:46 pm

Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: b789 on August 08, 2025, 12:01:47 pm
You've got to love MET’s self-defeating moronic argument... they claim airport byelaws don’t apply where Road Traffic Enactments do — but either way, the land is under statutory control and therefore not 'relevant land' for the purposes of PoFA.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on August 07, 2025, 09:32:50 pm
Good Evening All,

Today I received my reply from POPLA. I'm pleased to let you know that it was successful! A poke in the eye for Met Parking.

You can see the full outcome here (https://1drv.ms/b/c/b4c4dc171574f6e5/EbmxEkHmk_9EqQp9i0MaraUBWakctss88rDpdj77XhRi3g?e=9eUUyM) , although it does have errors talking about railways and the wrong airport, but my understanding is that the decision is final and binding on MET Parking.

Is there anything I can do to try and stop MET Parking from issusing tickets, knowing full well that the charges issued are not lawful due to it being inside the airport site?

If the link about doesn't work, the outcome can be viewed here: https://1drv.ms/b/c/b4c4dc171574f6e5/EbmxEkHmk_9EqQp9i0MaraUBWakctss88rDpdj77XhRi3g?e=9eUUyM

Lastly, I wanted to say a really big thank you to everybody who has provided help with this, I really really have appreacied it.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on June 30, 2025, 06:07:09 pm
Thank You - I have submitted that to POPLA and will update you in due course.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: b789 on June 30, 2025, 07:58:10 am
Yes, that will do. It's under 10,000 characters so just copy and paste it into the POPLA webform response.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on June 29, 2025, 11:31:14 pm
There are plenty of MET Southgate Park POPLA appeals on the forum with advised responses to the rubbish that MET put in their evidence. Just find one of those and copy it. In fact, I just read another successful POPLA appeal for the same location earlier today on here.

The basic fact is that irrespective of what MET say, it is an irrefutable fact that the location is within the Stansted Airport boundary and is therefore land under statutory control. As such, there can be no PoFA liability. Just point that out to the assessor. They've had so many of these that they know it and regularly cancel the PCNs issued at this location as long as the driver is not identified.

Hello b789 - Would the following be the post you was refering to, and am I able to use this?

This response addresses MET Parking Services' submission to POPLA and highlights the flaws in their arguments. MET Parking Services has failed to rebut key points raised in the appeal, and their attempt to rely on the Protection of Freedoms Act 2012 (PoFA) is legally flawed.

1. The location is not relevant land under PoFA

The appellant has provided an official airport boundary map from Stansted Airport, which clearly shows that Southgate Park is within the official airport boundary. This map was submitted with the appeal as direct evidence of the statutory control over the land.

MET has completely ignored this map and has not rebutted the obvious evidence that the location falls within the airport boundary. Instead, they attempt to dismiss the argument by making vague assertions about whether the byelaws apply to parking but fail to provide any evidence contradicting the airport's official boundary.

MET has provided a link to the airport byelaws, but this link does not contain any map of the airport boundary. In contrast, the official map submitted by the appellant confirms that the car park is within the airport's jurisdiction. The fact that MET has ignored this map and provided no counter-evidence is a clear failure to rebut a key piece of evidence in this appeal.

Since PoFA does not apply to land that is under statutory control, MET has no legal basis to hold the keeper liable. They can only pursue the driver, whose identity has not been disclosed.

2. The location is under statutory control

MET Parking Services has failed to properly respond to the core argument that Southgate Park is under statutory control. The appeal clearly stated that PoFA Schedule 4, Paragraph 3(1)(c) excludes land if the parking of a vehicle on that land is subject to statutory control, such as land covered by airport byelaws. The Stansted Airport byelaws contain a provision that regulates where vehicles may be parked within the airport boundary. Since the byelaws impose statutory control over parking, this means the location is not relevant land under PoFA.

The airport byelaws do contain a provision stating:

“No person shall leave any cargo or baggage or park any vehicle or equipment elsewhere than in a place provided by the airport company for the accommodation of such cargo or baggage or the parking of such vehicle or equipment.”

This confirms that the parking of a vehicle is subject to statutory control because it dictates where vehicles may and may not be parked. The fact that the byelaws regulate where vehicles can be parked means that parking is subject to statutory control, satisfying the exclusion in PoFA

MET Parking Services has failed to acknowledge or rebut the official airport boundary map provided in this appeal, which confirms that Southgate Park is within the airport boundary and thus subject to these byelaws. They have also failed to explain why they believe that parking at this location is not subject to statutory control, despite the clear wording of the byelaws.

The byelaws provided in MET’s evidence pack confirm that they apply to any land within the boundary of Stansted Airport, meaning it is subject to statutory control.

MET Parking Services’ argument that byelaws only apply to areas where road traffic enactments do not apply is incorrect and misleading. The wording of PoFA does not require byelaws to specifically mention parking. It simply states that land under statutory control is not ‘relevant land.’ Byelaws exist over Stansted Airport, which means PoFA does not apply, and MET cannot transfer liability to the Keeper.

MET has failed to provide any legal argument or evidence to counter this point. Their response simply states that they are “confident” that byelaws do not apply to parking in this location. Confidence is not evidence. Their failure to address the specific wording of PoFA means that they have not rebutted the fundamental legal argument that this land is not ‘relevant land.’

Since PoFA does not apply, MET has no legal basis to hold the Keeper liable. They can only pursue the driver, whose identity has not been disclosed.

3. MET Parking Services has failed to address the core legal argument

The appeal highlighted that MET’s rejection of the initial appeal ignored the argument about statutory control. In their response to POPLA, MET again fails to provide any legal argument refuting this point. Instead, they attempt to deflect the issue by claiming that PoFA applies because the byelaws do not explicitly mention parking.

MET’s failure to address this key issue is a clear indication that they do not have a legal basis to enforce the parking charge. They have not cited any law, case law, or legal precedent to contradict the appellant’s argument. Their silence on this issue speaks volumes.

4. No Keeper liability under PoFA

MET states that they are pursuing the registered Keeper under PoFA because the driver has not been identified. However, this argument is entirely dependent on PoFA being applicable, which it is not. Since Southgate Park is subject to byelaws and therefore statutory control, PoFA does not apply, and MET cannot hold the Keeper liable.

MET has completely failed to explain how PoFA can apply when the location is not ‘relevant land.’ They have not addressed the clear wording of PoFA that excludes land under statutory control. Instead, they rely on a misleading and legally incorrect interpretation.

5. Misleading reliance on BPA/IPC Private Parking Single Code of Practice

MET attempts to rely on Annex C of the BPA/IPC Private Parking Single Code of Practice, which suggests that if a Keeper does not identify the driver, they can be assumed to be the driver. This assumption has no basis in law and contradicts established legal precedent.

The appeal referenced the persuasive appeals case of VCS v Edward (2023), which confirms that the Keeper cannot simply be inferred or assumed to be the driver. MET has completely ignored this case and has not attempted to rebut it. Instead, they rely on a non-statutory industry code that contradicts established legal principles. POPLA must follow the law, not a misleading interpretation from a trade body.

6. Inadequate signage evidence

MET claims that their signage is clear and sufficient. However, they have failed to provide evidence that the signs were visible to motorists at the time of the alleged contravention. The burden of proof is on MET to show that their signage was clear, legible, and positioned in such a way that a contract could be formed.

The appeal specifically challenged MET to prove that:

- Signs were visible before entering the car park
- The terms were legible from a driver’s perspective
- The signs clearly stated PoFA compliance

MET has failed to provide any evidence to rebut these points. They have simply asserted that the signage is sufficient without addressing the specific concerns raised in the appeal. This is another example of their failure to properly engage with the arguments made.

7. No obligation to prove customer status

MET states that the appellant has not provided proof that the driver was a customer of the businesses on-site. However, the burden of proof is on MET to prove that a parking contract was formed and breached. The appellant is not required to prove anything.

MET’s attempt to shift the burden of proof onto the appellant is a clear indication that they have no actual evidence of a contract being formed. They must prove their case, not demand that the appellant provide evidence in their defence.

Conclusion

- MET Parking Services has failed to rebut the core legal argument that Southgate Park is under statutory control and is not relevant land under PoFA.
- They have not provided any legal justification for attempting to enforce Keeper liability under PoFA.
- MET has ignored the case law referenced in the appeal, failing to address binding legal principles that refute their position.
- Their signage evidence is inadequate and does not address the specific concerns raised.
- Their attempt to shift the burden of proof onto the appellant is legally flawed.

Given these failures, MET Parking Services has not demonstrated that they have any legal basis to enforce the parking charge against the Keeper. Therefore, the appeal must be allowed, and the Parking Charge Notice should be cancelled
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on June 29, 2025, 11:29:45 pm
Could you please edit your post with a few paragraph breaks to make it more readable please?
You’ll get more input if you do.

My apologies, I'm not great with computers.

I have duly appealled to POPLA and submitted the evidence given in this forum. I have not had a reply from POPLA stating that MET Parking have provided evidence and for me to reply (within 7 Days):

Below is the reply from MET and attached is the evidence pack - it is a little lenghtly so I do apologise.

Evidence Pack is here: https://1drv.ms/b/c/b4c4dc171574f6e5/EUQ1g0zDr5hJgVI5Sx_mjs8BtBOu_8QpnA2g5akPIcyY0A?e=3MdGPU

Operator Name
MET Parking Services - EW
Operator Case Summary
In the appeal to POPLA Mr XXXX raises the following grounds for appeal: • No keeper liability As we have not been provided with the name and address of the driver of the vehicle, we are pursuing the registered keeper under Schedule 4 of The Protection of Freedoms Act 2012. Please see our compliant Notice to Keeper in Section B of our evidence pack.

 Please also see a full explanation of why we may pursue the registered keeper under Schedule 4 of PoFA 2012 in Section C of our evidence pack. As stated in paragraph 3 of Schedule 4 of the Protection of Freedoms Act 2012, Relevant Land is any land that is not a) a highway maintainable at the public expense, b) a parking place which is provided or controlled by a traffic authority, or c) any land excepting the aforementioned on which the parking of a vehicle is subject to statutory control.

Paragraph 3 subsection 3 states that parking is subject to statutory control if any statutory provision imposes a liability in respect of the parking of vehicles on that land. The Stansted Airport byelaws do not impose a penalty for vehicles parking within Southgate Park. We have included in section E of this evidence pack excerpts from the Protection of Freedoms Act 2012 and also the Airport byelaws. The full airport byelaws may be viewed online at: https://assets.live.dxp.maginfrastructure.com/f/73114/x/46195467c9/stansted-byelaws.pdf

 In light of this, the site is not excluded by the definitions laid out in paragraph 3 of Schedule 4 of the Protection of Freedoms Act 2012 and as such is considered Relevant Land. For the sake of clarity: Southgate Park is a pay-by-phone car park, by definition a place in which to park vehicles. The Stansted Airport byelaws do not impose a liability in respect of parking vehicles within the Southgate Park car park. In light of this we believe the site is not excluded by the definitions laid out in paragraph 3 of Schedule 4 of the Protection of Freedoms Act 2012 and as such is considered Relevant Land.
 We would point out that this was addressed during the initial appeal process. Whilst Mr XXXX may have responded to advise he disagreed with our statement, this does not mean we failed to address his appeal points.

• Inadequate evidence of clear and prominent signage We are confident that there are sufficient signs in place in this car park and that the signs are prominently displayed and clearly state the terms and conditions. In Section E of our evidence pack we have included images of the signs in place and a site plan of the location. We are confident that our signage complies with all relevant legislation and regulations.

 A motorist does not have to have read the terms and conditions of parking to enter into a parking contract, there is only the requirement that the parking operator affords them the opportunity to do so. As stated, we are confident that there is sufficient signage at the site in order to afford motorists the chance to read the terms and conditions that are in place. Upon entry to the site, it is the motorist’s obligation to seek out any terms and conditions that may be in place before choosing to park or remain on site.

 • Landowner authority We have included a copy of our contract with the landowner in Section E of our evidence pack. We have redacted commercially sensitive details and highlighted relevant clauses for ease of reading. Our contract with the landowner grants us authority to form contracts with motorists and issue parking charge notices for contractual breach. We refer you to the Supreme Court ruling on ParkingEye v Beavis for the judges’ determination on whether a parking operator is acting as an agent or principal.

 The ruling may be found at https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf.darl   Turning to the charge itself: In this instance, the driver had not registered the vehicle for the free parking period. As advised on the signs, only customers are entitled to the free parking period, and they must register their vehicle on arrival. The driver did not make payment for their stay as an alternative and as such the parking charge was issued. In line with F.3(g) of the Appeals Charter, we requested evidence of custom during the initial appeal process (as only customers are entitled to park for free). We received no response to this request and as such the appellant was not entitled to the further discount when the appeal was rejected. PLEASE NOTE: regarding the further reduction of a charge under Annex F, the Sector Single Code of Practice specifically states that ‘in all cases the Appeals Charter would require the motorist to provide the evidence.’. As such, without the appellant providing supporting evidence then there is no requirement for an operator to allow a further reduction.

The terms and conditions of parking are clearly stated on the signs that are prominently displayed at the entrance to and around the car park. These include that the car park is for the use of Southgate Park customers only and that to receive the 60-minute maximum free stay for customers, drivers must enter their vehicle registration on arrival. Visitors may extend their stay up to 3 hours by using the pay by phone service.
 As the evidence we have provided in Section E of our evidence pack demonstrates, the vehicle remained in the car park without being registered for the free parking period and no payment was made as an alternative. It remains the driver’s responsibility to check the signs where they park and comply with the stated terms and conditions. Therefore, we believe that the charge notice was issued correctly, and the appeal should be refused.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: b789 on June 28, 2025, 06:41:10 pm
There are plenty of MET Southgate Park POPLA appeals on the forum with advised responses to the rubbish that MET put in their evidence. Just find one of those and copy it. In fact, I just read another successful POPLA appeal for the same location earlier today on here.

The basic fact is that irrespective of what MET say, it is an irrefutable fact that the location is within the Stansted Airport boundary and is therefore land under statutory control. As such, there can be no PoFA liability. Just point that out to the assessor. They've had so many of these that they know it and regularly cancel the PCNs issued at this location as long as the driver is not identified.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: jfollows on June 28, 2025, 11:22:11 am
Could you please edit your post with a few paragraph breaks to make it more readable please?
You’ll get more input if you do.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on June 28, 2025, 10:14:48 am
Good Morning All,

I have duly appealled to POPLA and submitted the evidence given in this forum. I have not had a reply from POPLA stating that MET Parking have provided evidence and for me to reply (within 7 Days):

Below is the reply from MET and attached is the evidence pack - it is a little lenghtly so I do apologise.

Evidence Pack is here: https://1drv.ms/b/c/b4c4dc171574f6e5/EUQ1g0zDr5hJgVI5Sx_mjs8BtBOu_8QpnA2g5akPIcyY0A?e=3MdGPU (https://1drv.ms/b/c/b4c4dc171574f6e5/EUQ1g0zDr5hJgVI5Sx_mjs8BtBOu_8QpnA2g5akPIcyY0A?e=3MdGPU)

Reply from MET Parking:

"Operator Name
MET Parking Services - EW
Operator Case Summary
In the appeal to POPLA Mr XXXX raises the following grounds for appeal: • No keeper liability As we have not been provided with the name and address of the driver of the vehicle, we are pursuing the registered keeper under Schedule 4 of The Protection of Freedoms Act 2012. Please see our compliant Notice to Keeper in Section B of our evidence pack. Please also see a full explanation of why we may pursue the registered keeper under Schedule 4 of PoFA 2012 in Section C of our evidence pack. As stated in paragraph 3 of Schedule 4 of the Protection of Freedoms Act 2012, Relevant Land is any land that is not a) a highway maintainable at the public expense, b) a parking place which is provided or controlled by a traffic authority, or c) any land excepting the aforementioned on which the parking of a vehicle is subject to statutory control. Paragraph 3 subsection 3 states that parking is subject to statutory control if any statutory provision imposes a liability in respect of the parking of vehicles on that land. The Stansted Airport byelaws do not impose a penalty for vehicles parking within Southgate Park. We have included in section E of this evidence pack excerpts from the Protection of Freedoms Act 2012 and also the Airport byelaws. The full airport byelaws may be viewed online at: https://assets.live.dxp.maginfrastructure.com/f/73114/x/46195467c9/stansted-byelaws.pdf In light of this, the site is not excluded by the definitions laid out in paragraph 3 of Schedule 4 of the Protection of Freedoms Act 2012 and as such is considered Relevant Land. For the sake of clarity: Southgate Park is a pay-by-phone car park, by definition a place in which to park vehicles. The Stansted Airport byelaws do not impose a liability in respect of parking vehicles within the Southgate Park car park. In light of this we believe the site is not excluded by the definitions laid out in paragraph 3 of Schedule 4 of the Protection of Freedoms Act 2012 and as such is considered Relevant Land. We would point out that this was addressed during the initial appeal process. Whilst Mr XXXX may have responded to advise he disagreed with our statement, this does not mean we failed to address his appeal points. • Inadequate evidence of clear and prominent signage We are confident that there are sufficient signs in place in this car park and that the signs are prominently displayed and clearly state the terms and conditions. In Section E of our evidence pack we have included images of the signs in place and a site plan of the location. We are confident that our signage complies with all relevant legislation and regulations. A motorist does not have to have read the terms and conditions of parking to enter into a parking contract, there is only the requirement that the parking operator affords them the opportunity to do so. As stated, we are confident that there is sufficient signage at the site in order to afford motorists the chance to read the terms and conditions that are in place. Upon entry to the site, it is the motorist’s obligation to seek out any terms and conditions that may be in place before choosing to park or remain on site. • Landowner authority We have included a copy of our contract with the landowner in Section E of our evidence pack. We have redacted commercially sensitive details and highlighted relevant clauses for ease of reading. Our contract with the landowner grants us authority to form contracts with motorists and issue parking charge notices for contractual breach. We refer you to the Supreme Court ruling on ParkingEye v Beavis for the judges’ determination on whether a parking operator is acting as an agent or principal. The ruling may be found at https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf.darl   Turning to the charge itself: In this instance, the driver had not registered the vehicle for the free parking period. As advised on the signs, only customers are entitled to the free parking period, and they must register their vehicle on arrival. The driver did not make payment for their stay as an alternative and as such the parking charge was issued. In line with F.3(g) of the Appeals Charter, we requested evidence of custom during the initial appeal process (as only customers are entitled to park for free). We received no response to this request and as such the appellant was not entitled to the further discount when the appeal was rejected. PLEASE NOTE: regarding the further reduction of a charge under Annex F, the Sector Single Code of Practice specifically states that ‘in all cases the Appeals Charter would require the motorist to provide the evidence.’. As such, without the appellant providing supporting evidence then there is no requirement for an operator to allow a further reduction. The terms and conditions of parking are clearly stated on the signs that are prominently displayed at the entrance to and around the car park. These include that the car park is for the use of Southgate Park customers only and that to receive the 60-minute maximum free stay for customers, drivers must enter their vehicle registration on arrival. Visitors may extend their stay up to 3 hours by using the pay by phone service. As the evidence we have provided in Section E of our evidence pack demonstrates, the vehicle remained in the car park without being registered for the free parking period and no payment was made as an alternative. It remains the driver’s responsibility to check the signs where they park and comply with the stated terms and conditions. Therefore, we believe that the charge notice was issued correctly, and the appeal should be refused."

If you could  please let me know how I should reply it would be very much appreciated.

Thanks - Jack
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: b789 on June 12, 2025, 06:00:34 pm
Very good. However, I would put point #4 about driver identity, immediately after point #1 as that would 'flow' better. No PoFA, no Keeper liability. Then point #3 and then include a new point #4 putting the operator to strict proof that they hold a valid, unredacted contract, flowing from the landowner, that authorises them to operate  and issue PCNs in their own name at the location. Finally, point #5 could point out the operators refusal to acknowledge your initial appeal points.

You should include an image of the map you have referred to either embedded within the appeal or attached to it and referenced as such in the appeal.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on June 12, 2025, 05:19:06 pm
Hello,

I've had a look on this forum, and think this would be the best response for my POPLA appeal. Please can you let me know if I should add or remove anything?

PCN Reference: [Insert reference number]
Vehicle Registration: [Insert vehicle registration]
Date of Alleged Contravention: [Insert date]

This is an appeal by the Keeper of the vehicle and I raise the following points for POPLA to consider:

1. The Location is Not 'Relevant Land' under the Protection of Freedoms Act 2012 (PoFA)
2. Failure to Address Appeal Points
3. Inadequate Evidence of Clear and Prominent Signage
4. No Legal Obligation to Identify the Driver or Assumption of Driver Identity

Grounds for Appeal:

1. The Location is Not 'Relevant Land' under the Protection of Freedoms Act 2012 (PoFA):

The alleged contravention occurred at Southgate Park, which is located within the boundary of Stansted Airport. This boundary is confirmed by a Stansted Airport-issued map provided with this appeal. Stansted Airport is governed by airport byelaws, which constitute statutory control over the land. Paragraph 3(1)(c) of Schedule 4 of PoFA explicitly states that "relevant land" excludes any land that is "subject to statutory control," such as land covered by byelaws. Therefore, Southgate Park is not relevant land for the purposes of PoFA.

While the land may be private and MET Parking Services may have been contracted by the landowner’s agents to manage the car park, this does not negate the fact that it is within the airport boundary and subject to byelaws. The existence of byelaws over the land places it under statutory control, as established by law. MET Parking Services’ argument that the land is not covered by byelaws is incorrect and does not override the statutory framework. As a result, MET Parking Services cannot rely on PoFA to transfer liability to the registered Keeper. They can only pursue the driver, whose identity has not been disclosed. As the Keeper, I am under no legal obligation to identify the driver, and there can be no Keeper liability in this case.

2. Failure to Address Appeal Points:

In my initial appeal to MET Parking Services, I specifically raised the issue of the site being under statutory control and therefore not relevant land under PoFA. Despite this, MET Parking Services failed to address this critical legal argument in their rejection. Instead, they dismissed the appeal without engaging with the evidence or addressing the legal basis of my argument. This omission suggests their decision to reject my appeal was not based on a proper consideration of the facts or the applicable legal framework.

3. Inadequate Evidence of Clear and Prominent Signage:

MET Parking Services has not provided sufficient evidence that the terms and conditions were clearly displayed and visible to motorists. For a driver to have agreed to any contractual terms, the signage must have been legible, prominently positioned, and capable of being read before entering into a contract. Without evidence of the signage’s visibility and clarity at the time of the alleged contravention, the claim is unsubstantiated.

4. No Legal Obligation to Identify the Driver or Assumption of Driver Identity:

As the registered Keeper of the vehicle, I am not legally obligated to identify the driver. MET Parking Services has provided no evidence to identify the driver at the time of the alleged contravention. Since liability cannot be transferred to the Keeper under PoFA due to the site’s statutory control, MET Parking Services must pursue the driver—if they can identify them. Without such identification, their claim against the Keeper is baseless.

Furthermore, the POPLA assessor must not assume or infer that the Keeper was also the driver. There is extensive persuasive case law on this matter. In VCS v Edward H0KF6C9C [2023], HHJ Mark Gargan in his conclusion, stated in paragraph 35.3:

“It is consistent with the appropriate probability analysis whereby simply because somebody is a registered keeper, it does not mean on balance of probability they were driving on this occasion, because one simply cannot tell. For example, there will be companies who are registered keepers of vehicles where many drivers have the use of the vehicle from time to time. There will be individual employers who are the registered keeper but who allow a number of people to drive their vehicles. There may be situations where husband and wife are each registered keepers of their respective vehicles but for some reason drive the other. These are all possibilities which show that it is not appropriate to draw an inference that, on balance of probability, the registered keeper was driving on any given occasion.”

The appellant is explaining this point in detail because some assessors have in the past erroneously allowed MET Parking Services to claim that the Keeper was likely the driver without any evidence. MET attempts to mislead assessors by relying on a misleading and erroneous note in Annex C of the BPA/IPC Private Parking Single Code of Practice, which states:

“Liability
It is the driver that is liable for the parking charge.
NOTE: The driver is often the same person as the keeper and/or the hirer. Where a keeper or hirer fails or refuses to provide the name and serviceable address of the driver when requested to, it may be assumed they are the driver, based on that failure or refusal.”

This statement is contrary to the law, as explained in VCS v Edward. The Keeper’s refusal to identify the driver does not permit any assumption of driver identity. Any such inference would be legally baseless and improper. POPLA assessors must adhere to established legal principles and not be misled by incorrect interpretations provided by rogue parking operators.

Conclusion:

Southgate Park’s location within Stansted Airport places it under statutory control and excludes it from being considered relevant land under PoFA. The wording of Paragraph 3(1)(c) of Schedule 4 of PoFA is clear: land subject to statutory control, such as land covered by byelaws, is not relevant land. The official map of the airport boundary provided with this appeal confirms this fact beyond any doubt. Additionally, the registered Keeper cannot be assumed to be the driver, as supported by persuasive case law. MET Parking Services cannot hold the registered Keeper liable for the alleged parking charge. Their failure to address this fundamental point in their rejection of my initial appeal further demonstrates the inadequacy of their claim. I therefore request POPLA to uphold this appeal and instruct MET Parking Services to cancel the Parking Charge Notice
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: b789 on June 03, 2025, 10:24:40 pm
You now have 33 days from the date of the appeal rejection to submit your POPLA appeal. There are already other POPLA appeals for this location on the forum so do a search for them and use one. Just post it here first so that we can double check everything.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on June 03, 2025, 09:50:38 pm
Hello,

I have recently received a rejected appeal letter from MET.

I understand that now I need to use the POPLA service. Could you give me any pointers as to what I need to do or direct me to any templates that I may use.

The rejected appeal letter is here : https://1drv.ms/b/c/b4c4dc171574f6e5/Ef2I16-8RsJKjnLUpJuOsacB5cwlFE-4QiZm0wa2eB6DSA?e=BRF4rG (https://1drv.ms/b/c/b4c4dc171574f6e5/Ef2I16-8RsJKjnLUpJuOsacB5cwlFE-4QiZm0wa2eB6DSA?e=BRF4rG)

Any help is greatly appreciated.

Many Thanks
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on May 13, 2025, 07:47:48 pm
Thank you, I have replied with the template that you provided. Thanks again for your help, it really is appreciated.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: b789 on May 13, 2025, 07:24:17 pm
You can either ignore or respond with the following:

Quote
Dear MET Appeals Department,

I write in response to your letter dated 13th May 2025, in which you request proof of patronage at Starbucks and assert that “private land does not fall under airport byelaws.” That claim is legally incorrect and deeply concerning coming from an accredited operator.

I am under no obligation to provide proof of purchases. The burden of proof lies with MET Parking Services to demonstrate that a contravention occurred and that the Parking Charge Notice is valid. Furthermore, your assertion regarding the land’s legal status is incorrect.

Whether the land is privately owned is immaterial. The relevant legal test is whether it falls within the boundary of Stansted Airport and is subject to airport byelaws. If so, it is not 'relevant land' for the purposes of Schedule 4 of the Protection of Freedoms Act 2012, and therefore you cannot transfer liability to the Keeper.

This point has been established in several recent decisions, including adverse findings against MET at POPLA. It is embarrassing that your appeals team appears unaware of this.

I have already submitted a formal DVLA complaint concerning MET’s failure to comply with Section 8.1.1(d) of the BPA/IPC Private Parking Single Code of Practice (PPSCoP), which expressly requires operators to state whether the site is subject to statutory control. Your letter further highlights MET’s disregard for the Code and raises serious questions about your continued access to DVLA data under the terms of your KADOE contract.

This correspondence will be retained as evidence in support of ongoing complaints and any further appeals or proceedings. I trust MET will now reflect on its obligations under the law and the applicable Code of Practice.

Yours faithfully,

[Your Name / The Keeper]
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on May 13, 2025, 07:20:06 pm
What should I do with the email I received from MET today, is it best to wait it out and get a code to appeal or should I reply with something?

Many thanks again, this is super stressful as I'm sure it is for most people, having been to the site since it is very difficult in the few seconds you get before crossing "the line" into the carpark to work out that it is a separate car park with different terms to the McDonalds one right in front of it.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: jfollows on May 13, 2025, 07:08:09 pm
Well, a few days ago POPLA ruled that it was airport land, funnily enough, although that’s not binding on future appeals it was also MET of course who are ignoring the result, see https://www.ftla.uk/private-parking-tickets/re-met-parking-services-southgate-park-stansted-airport-starbucksmcdonalds-notic/msg70725/#msg70725

I suggest MET is fishing in the hope you identify the driver. I’d ignore them now. When you get your POPLA code you can add a reference to their recent finding for the same location to the normal appeal.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on May 13, 2025, 06:58:47 pm
Hello,

My apologies that I haven't responded recently, I had a little accident and was in hospital for a few days.

I made my appeal to Met and have received a rather odd letter asking for evidence that I visited Starbuck. I have a link for the letter here: https://1drv.ms/b/c/b4c4dc171574f6e5/EUVmwlgVtCJAr5EmvoJA2b4BoaGEmZSkhrH_WtwWFjtlww?e=DXJEgb (https://1drv.ms/b/c/b4c4dc171574f6e5/EUVmwlgVtCJAr5EmvoJA2b4BoaGEmZSkhrH_WtwWFjtlww?e=DXJEgb)

It does also say that it is not inside Airport land.

Should I reply or do nothing until the 14days is over?

Any help is very much appreciated.

I did also make my complaint to the DVLA
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: b789 on May 02, 2025, 03:05:15 pm
If you follow the advice you receive here, you will not be paying a penny to MET parking. You are now in the centre of a very long running scam being operated by this rogue company.

I note that the Notice to Keeper (NtK) is addressed to "The company secretary". Is the vehicle registered to a company (your company)?

For now, you only need to know that MET have no idea who the driver is. All they know is that you (or your company) are the Keeper. As the location is within the boundary of Stansted airport, there can be no Keeper liability because it is not relevant land for the purposes of PoFA 2012.

There is no legal obligation on the known Keeper to identify the unknown driver to an unregulated private parking company. As MET cannot rely on the provisions of PoFA to transfer liability from the unknown driver to the known Keeper, you should appeal (only as the Keeper) as follows:

Quote
I am the registered keeper. MET cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, MET will be well aware that they cannot use the PoFA provisions because Stansted Airport is not 'relevant land'.

If Stansted Airport wanted to hold owners or keepers liable under Airport Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because MET is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for MET's own profit (as opposed to a bylaws penalty that goes to the public purse) and 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 NtK 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.

They will reject the appeal but you will then get a POPLA code which we can use for a secondary appeal.

However, MET have also breached their KADOE contract with the DVLA and are therefore using your data unlawfully. As the DVLA is the data controller, you should submit a formal complaint to the DVLA.

Here’s how to make a DVLA complaint:

• Go to: https://contact.dvla.gov.uk/complaints
• Select: “Making a complaint or compliment about the Vehicles service you have received”
• Enter your personal details, contact details, and vehicle details
• Use the text box to summarise your complaint or insert a covering note
• You will then be able to upload a file (up to 19.5 MB) — this can be your full complaint or supporting evidence
That’s it.

The DVLA is required to record, investigate and respond to every complaint about a private parking company. If everyone who encounters a breach took the time to submit a complaint, we might finally see the DVLA take meaningful action—whether that means curtailing or removing KADOE access altogether.

For the text part of the complaint the webform could use the following:

Quote
I am submitting a formal complaint against MET Parking Services, a BPA AOS member with DVLA KADOE access, for breaching the BPA/IPC Private Parking Single Code of Practice (PPSCoP) after obtaining keeper data relating to a limited company.

While MET Parking Services may have had reasonable cause at the time of their KADOE request, their subsequent misuse of that data—through conduct that contravenes the PPSCoP—renders that use unlawful. The PPSCoP forms an integral part of the DVLA’s governance framework for data access by private parking firms. Continued access is conditional on compliance.

In this case, MET Parking Services issued a Notice to Keeper to a corporate entity and falsely claimed the right to hold the company liable under the Protection of Freedoms Act 2012 (PoFA). However, PoFA Schedule 4 only allows keeper liability where the keeper is a natural person, and only on “relevant land”. The location in question—Southgate Park, Stansted Airport—is not relevant land due to statutory control under airport byelaws.

The DVLA, as data controller, is obliged under UK GDPR and the Data Protection Act 2018 to investigate and take enforcement action when data is misused following release. This complaint is not about whether the data was obtained lawfully at the outset, but whether its subsequent use breached the terms under which it was provided.

I have attached a supporting statement setting out the nature of the breach and request a full investigation. Also attached is an official map of Stansted Airport boundary and the location of Southgate Park highlighted to prove it is within the byelaws boundary of the airport.

Please acknowledge receipt and confirm a reference number for this complaint.

Then you could upload the following as a PDF file for the formal complaint itself:

Quote
SUPPORTING STATEMENT

Complaint to DVLA – Breach of KADOE Contract and PPSCoP

Operator name: MET Parking Services
Date of PCN issue: 22 April 2025
Vehicle registration: [INSERT VRM]

I am submitting this complaint to report a misuse of personal data by MET Parking Services, who obtained keeper details from the DVLA under the KADOE (Keeper At Date Of Event) contract.

Although MET Parking Services may have had reasonable cause to request the data initially, their subsequent use of that data amounts to unlawful processing because they have acted in breach of the BPA/IPC Private Parking Single Code of Practice (PPSCoP). The PPSCoP forms a mandatory component of the regulatory framework governing DVLA data release to private parking operators.

The KADOE contract explicitly limits data use to the pursuit of an unpaid parking charge in accordance with the Code of Practice. If an operator breaches that Code after receiving DVLA data, their use becomes unlawful as it no longer serves a permitted purpose.

In this case, MET Parking Services has breached the PPSCoP in the following ways:

• The Notice to Keeper was issued in relation to Southgate Park at Stansted Airport, which is situated on airport land under statutory control. Such land is excluded from the definition of “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).
• Despite this, the NtK falsely asserts that the registered keeper is liable under PoFA, contrary to the facts and the law.
• Further, the NtK was addressed to a limited company, not a natural person. PoFA Schedule 4 only provides for the transfer of liability from driver to a keeper who is an individual. There is no lawful basis under PoFA to hold a corporate entity liable.
• These false representations breach Section 8.1.1(d) of the Private Parking Single Code of Practice, which prohibits operators issuing notices which state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.

These are not minor or technical breaches. They show a clear disregard for the standards required under the current single Code. As a result, the operator is no longer entitled to use the keeper data they obtained from the DVLA, because the purpose for which it was provided (a fair and lawful pursuit of a charge under the Code) no longer applies.

The DVLA remains the Data Controller for the data it releases under KADOE, and is therefore responsible for ensuring that personal data is not misused by third parties. This includes taking action against AOS operators who breach the conditions under which the data was provided. I am therefore asking the DVLA to investigate this breach and to take appropriate action under the terms of the KADOE contract.

This may include:

• Confirming that a breach has occurred
• Taking enforcement action against the operator
•Suspending or terminating their KADOE access if warranted

I have attached relevant supporting material with this statement. Please confirm receipt and provide a reference for this complaint. I am also happy to provide further information if required.

Name: [INSERT YOUR NAME]
Date: [INSERT DATE]

Include a copy of this map with your formal complaint:

(https://i.imgur.com/6rddEB2.jpeg)
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on May 02, 2025, 09:32:34 am
Hello, Thanks for replying. Yes it is a Motability car, heavily adapted with w/chair lift and hand controls. Does it being a Motability car make a difference to how the appeal is handled? Am I obliged to pay due to it being a lease Motability car? Any help you can give it's greatly appreciated.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: DWMB2 on May 01, 2025, 06:55:54 pm
It's somewhat unusual for a lease car to be registered to the hirer directly, and not to the lease company. Is this a Motability car?

I note also that the notice refers to "the company secretary"?
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on May 01, 2025, 06:43:56 pm
My apologies jfollows, I am the Registered Keeper for the car.
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: jfollows on May 01, 2025, 06:33:16 pm
If the car is leased, are you the registered keeper? If not, then the Notice to Keeper is not for you. Can you please clarify?
Title: Re: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on May 01, 2025, 06:01:26 pm
My apologies I forgot to mention this is a lease car. Not sure if that makes any difference or not.
Title: Met Parking - Notice to Owner- Southgate Park - Stansted
Post by: Luminance7491 on May 01, 2025, 05:56:46 pm
Hello,

This will be my first time on this forum so please do bear this in mind.

I have received (yesterday 29 April 2025) a Notice to Keeper from Met Parking telling me to pay £100 (reduced to £60 if paid within 14 days) for parking outside Starbucks at Southpark Stansted Airport. I was completely unware that Starbucks & McDonalds was seperate car parks and having been since the signage is not clear from a drivers view or is there anything to make this clear. On my last visit (yesterday) they had a big A-Frame sign outside Starbucks that says "Parking Charges Apply When Store Closed) on both visits the store was open.

Here is a link to OneDrive of the letter I received : https://1drv.ms/b/c/b4c4dc171574f6e5/EQP6XYaeeJhLqKs5kD32bYYBuQzKgYkZ0UlJ0PwX5uti8g?e=WuHEKL (https://1drv.ms/b/c/b4c4dc171574f6e5/EQP6XYaeeJhLqKs5kD32bYYBuQzKgYkZ0UlJ0PwX5uti8g?e=WuHEKL)

I have not yet replied to Met Parking and was hoping that I could get some advice or a template letter to send.

Any help you can give would be really appreciated.

Many Thanks,

Jack