Author Topic: Another Parking Charge  (Read 373 times)

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Jogon

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Another Parking Charge
« on: October 07, 2025, 06:37:37 pm »
Parked in a family pool car at McDonalds in a disabled bay, placed badge on seat as always do, bought a meal (receipt retained) and left 12 mins later.  Sat with my meal by the window in full view of the car.

A week or so later the enclosed Notice to Keeper ticket turns up, I’ve had a look at the online photos and it is just 4 photos all the same as the on on the notice, just different time stamps, approx 20 secs apart, 21:50 - 21:51:20 - 21:51:40 & 21:52.  ( I was served at 21:54:!4)

Have since taken a photo of the signage, both are enclosed.


Not sure why their wording ‘apparent’ is used, but as such no enforcement officer of any kind was in attendance.

Have been back to the branch with the car, with the ticket and with the badge, they simply said ‘email MET parking’ which is not how it works


No drivers details has been given, no appeal notice as yet filled in.  How do I approach this?

(just as an aside, it’s actually a bit embarrassing knowing they’re filming the car, part of the disability is bag for fluids which has to be manoeuvred / becomes visible  a little when getting out of a car, not sure Im happy with them remotely taking photographs of the car etc.





« Last Edit: October 07, 2025, 06:59:09 pm by Jogon »

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b789

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Re: Another Parking Charge
« Reply #1 on: October 07, 2025, 06:58:38 pm »
There is no "warden"! They have CCTV camera above each disabled bay. If the CCTV operator can't see the blue badge because it is not o the dashboard, they send you a PCN.

The Notice to Keeper (NtK) is not PoFA compliant because there ids no period of parking. Also, there is no evidence that the vehicle was parked for longer than the minimum consideration period, which means that there is no evidence of contract formation.

Likely to go all the way to a claim if POPLA don't agree, but, hey, who cares about POPLA? For now simply appeal with the following so that you can get a POPLA code:

Quote
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 Keeper (NtK) 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 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.
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Jogon

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Re: Another Parking Charge
« Reply #2 on: October 07, 2025, 07:26:47 pm »
Thankyou, Ill do just that.

No mention of the badge on the seat?   They will know from the photos if they recorded the info prior and after their photos that the NTK and the driver by way of gender were not 1 & the same.

b789

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Re: Another Parking Charge
« Reply #3 on: October 08, 2025, 07:25:08 am »
They have no idea who anyone is in their CCTV. Leave everything for the POPLA appeal, for what it is worth.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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Jogon

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Re: Another Parking Charge
« Reply #4 on: November 04, 2025, 02:35:28 am »
Hello, predictably they have replied and have provided a Popla code, shall I upload the letter here (but blank out the Popla code). they sent it 12 days ago and stated I had 28 days to appeal to Popla

b789

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Re: Another Parking Charge
« Reply #5 on: November 04, 2025, 04:48:08 am »
You actually have 33 days from the date of the appeal rejection.
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Jogon

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Re: Another Parking Charge
« Reply #6 on: November 04, 2025, 09:50:10 pm »
Here is their letter with the Popla verification code.


b789

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Re: Another Parking Charge
« Reply #7 on: November 05, 2025, 08:23:03 pm »
As there is no evidence that the vehicle was parked for longer than the minimum consideration period, no contract was formed. A single timestamped photo is not proof that the Blue Badge was not displayed. For example, the Blue badge may have been removed just prior to the vehicle leaving or the vehicle may have only just arrived and the driver had not yet had a chance to put the blue badge in the dashboard.

Also, the sign you showed us, where is that I relation to the bay? Is that sign readable without having to exit the vehicle?

You can search the forum for recent POPLA appeals to get a flavour of what they require and the points to throw at them. A POPLA code is valid for 33 days from the date of the appeal rejection, so no rush. Just show us anything before you send it so we can suggest any edits or additions.
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Jogon

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Re: Another Parking Charge
« Reply #8 on: November 06, 2025, 07:45:12 pm »
I'll go back to the that branch over the weekend and take another look but from memory it's not that prominent the sign, the badge was as always on the front seat, It's never placed in the window.

I'll upload the sign/location when next photographed,