Yesterday, 11:43 AM
@SamedayCourier, well, at least you have finally managed to obtain something in writing from McDonald's!
The fact that MET's appeals portal no longer recognises the PCN reference is encouraging. It is quite possible that the charge has already been cancelled following McDonald's intervention. However, until you receive written confirmation, we must proceed on the assumption that it remains outstanding.
You now have documentary evidence that McDonald's requested cancellation, which is useful. Do not waste any more time visiting McDonald's.
As MET's online appeals portal is refusing to recognise the PCN, I suggest submitting a formal complaint incorporating the Keeper's appeal directly by email.
Importantly, section 11.2 of the Private Parking Single Code of Practice (PPSCoP) expressly states:
MET therefore cannot simply disregard a complaint containing an appeal because it was not submitted through its online portal.
Send the following email:
Attach the screenshot showing the error on MET's appeals portal and the copy of the email supplied by McDonald's. Send this today and retain the sent email as evidence of submission.
There is no need to provide MET with a comprehensive appeal at this stage. I fully expect them to reject it if the charge has not already been cancelled. We can deal with their defective NtK, the consideration period, the signage and the alleged contractual terms in considerably greater detail at POPLA.
Finally, when you are next at McDonald's, please obtain clear photographs of the signs around the location where the vehicle stopped. I'm particularly interested in the precise wording of the alleged prohibition. MET claims "No Parking at anytime", yet this is a McDonald's restaurant with a customer car park and drive-through. The distinction between parking, briefly stopping and entering into a parking contract may prove important.
For now, get that email submitted. There is absolutely no reason to pay MET anything.
The fact that MET's appeals portal no longer recognises the PCN reference is encouraging. It is quite possible that the charge has already been cancelled following McDonald's intervention. However, until you receive written confirmation, we must proceed on the assumption that it remains outstanding.
You now have documentary evidence that McDonald's requested cancellation, which is useful. Do not waste any more time visiting McDonald's.
As MET's online appeals portal is refusing to recognise the PCN, I suggest submitting a formal complaint incorporating the Keeper's appeal directly by email.
Importantly, section 11.2 of the Private Parking Single Code of Practice (PPSCoP) expressly states:
"Where a parking operator receives a complaint that it considers to be or include an appeal against the validity of a parking charge, the parking operator must also treat it as an appeal for the purposes of applying the timescales in Clause 8.4, and should inform the complainant as such unless and until it is clear that the complaint is not relevant to an appeal or the complainant informs the parking operator that they do not wish it to be so handled."
MET therefore cannot simply disregard a complaint containing an appeal because it was not submitted through its online portal.
Send the following email:
To: complaints@metparking.com
Cc: customer.services@metparking.com
Subject: Formal Complaint and Keeper Appeal – PCN [reference]
Cc: customer.services@metparking.com
Subject: Formal Complaint and Keeper Appeal – PCN [reference]
Quote:I am the registered keeper of the vehicle and I challenge this Parking Charge Notice. The driver is not identified.
I have attempted to submit an appeal through your online appeals portal. However, despite entering the correct PCN reference and vehicle registration, your system displays the following error:
"Sorry, we cannot find this ticket - please check the details you have provided are correct".
McDonald's management has already requested cancellation of this charge and has provided written evidence of its request. If the PCN has been cancelled, please confirm this in writing. Otherwise, this correspondence constitutes both a formal complaint and an appeal against the validity of the parking charge.
MET's own photographic evidence shows the vehicle stationary for just 60 seconds. There is no evidence that an enforceable parking contract was formed or that any applicable consideration period had expired.
Furthermore, the Notice to Keeper fails to comply with Schedule 4 of the Protection of Freedoms Act 2012, including paragraph 9(2)(a), which requires the period of parking to be specified. MET therefore has no right to transfer liability from the unidentified driver to the registered keeper.
Under section 11.2 of the Private Parking Sector Single Code of Practice, a complaint that includes an appeal against the validity of a parking charge must also be treated as an appeal for the purposes of clause 8.4.
Accordingly, you are required to process this correspondence as an appeal, irrespective of the failure of your online appeals portal.
Please confirm cancellation of the charge or issue a formal rejection accompanied by a POPLA verification code.
Attach the screenshot showing the error on MET's appeals portal and the copy of the email supplied by McDonald's. Send this today and retain the sent email as evidence of submission.
There is no need to provide MET with a comprehensive appeal at this stage. I fully expect them to reject it if the charge has not already been cancelled. We can deal with their defective NtK, the consideration period, the signage and the alleged contractual terms in considerably greater detail at POPLA.
Finally, when you are next at McDonald's, please obtain clear photographs of the signs around the location where the vehicle stopped. I'm particularly interested in the precise wording of the alleged prohibition. MET claims "No Parking at anytime", yet this is a McDonald's restaurant with a customer car park and drive-through. The distinction between parking, briefly stopping and entering into a parking contract may prove important.
For now, get that email submitted. There is absolutely no reason to pay MET anything.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
