This was my original appeal 7/7/25 (from one of your previous replies to a thread)
I am the keeper of the vehicle, and I dispute your 'parking charge'. I deny any liability or contractual agreement and 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.
Furthermore, your signage fails to comply with the Private Parking Single Code of Practice (PPSCoP) Section 4.1, which states:
"The parking operator must ensure that at least one sign containing the terms and conditions for parking can be viewed without the driver needing to leave the vehicle, in order for drivers with a disability to be able to make an informed decision on whether to park at the premises."
There are no signs with terms that can be viewed from within the vehicle, meaning that a driver with a disability was unable to make an informed decision before parking. The vehicle was parked in a disabled bay, and all occupants, including the driver, are Blue Badge holders. A copy of a valid Blue Badge is attached.
Additionally, your NtK fails to specify any "period of parking", as required by PoFA 2012 Schedule 4, Paragraph 9(2)(a). A single timestamp does not constitute a period of parking and does not evidence that the vehicle was stopped for more than the minimum consideration period before leaving. No contract was formed.
MET have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Their reply 22/7/25
Re: Parking Charge Notice Number AB22929772 (Vehicle: LF19DPO)
Site: (129) McDonald's Bow
Issue date: 20/06/2025
Thank you for your correspondence in respect of the above charge. We are confident that our notice to keeper complies
in all respects with the requirements of the Protection of Freedoms Act and you are advised that where the charge has
not been paid in full and 29 days has passed since we issued the charge and we still do not know the name and address
for service of court papers of the driver, we are entitled to pursue the registered keeper for payment of the outstanding
charge.
So that we can fully consider your appeal can you kindly provide us with a copy of the front and back of the blue badge,
clearly showing the expiry date and name of the BB holder. This can be uploaded at
www.appealmetparking.com. We
have placed your charge on hold for a further 14 days to allow you time to send us this information. If we do not receive
this by the end of the 14 days, we will have to reach a decision on your appeal based on the information we hold at that
time