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Minster baywatch pcn

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1235710

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  • nosferatu1001
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    No, you get a chance to rebut before the decision. As it states in the newbies thread :)
  • azz007
    azz007 Posts: 216 Forumite
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    Umkomaas wrote: »
    Nope. Read my advice.

    So going back to my OP, as keeper received 2 PCNS , and one of the appeals on MINSTER website wasn't working for the one issued 24/10/17 (said i had 29 days to respond starting from 2 working days after issue date). Instead so i emailed them the appeal with the blue template on the 22nd Nov. Got the auto response saying they will review and get back to me 3 working days.

    now yesterday i revived the 2nd letter ,issued 22/11/17 for the one i emailed appeal, demanding £155(additional £55). They have discarded my emailed appeal by looks if it or not noticed it, and i have not received a response yet or any POPLA code for it. Yet thier system has just generated the robotic letter to be sent out.

    What should i do?
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    What should i do?
    Complain to the BPA and copy the complaint to the DVLA. Email addresses in the NEWBIES FAQ sticky.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • azz007
    azz007 Posts: 216 Forumite
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    Umkomaas wrote: »
    Complain to the BPA and copy the complaint to the DVLA. Email addresses in the NEWBIES FAQ sticky.


    should i email steve direct at steve.c@britishparking.co.uk & CC dvla
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    azz007 wrote: »
    should i email steve direct at steve.c@britishparking.co.uk & CC dvla

    Why not, if that is the address in the sticky?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • azz007
    azz007 Posts: 216 Forumite
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    edited 29 November 2017 at 1:51PM
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    Umkomaas wrote: »
    Why not, if that is the address in the sticky?

    Hows this

    To:steve.c@britishparking.co.uk
    CC:ccrt@dvla.gsi.gov.uk


    Dear Sirs,

    MINSTER BAYWATCH PCN ######. Issued Date 24/10/207.

    I appealed the above PCN as the Vehicle Keeper directly within 29 days as stated to Minster Baywatch Email address : (appeals@minsterbaywatch.co.uk) and received the automatic response (see at footer of this email) that this would get reviewed in 3 working days. However, I haven’t had any rejection of the appeal nor a POPLA code.

    Instead they have sent out another letter demanding payment of £155(additional £55) to be paid by 06/12/17 or further action will be taken.


    As I understand it, the British Parking Association has a Code of Practice which clearly states:

    the following practices may be considered as Code breaches and must not be continued:
    • Asking the motorist to enter into additional correspondence to obtain a POPLA code
    • Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
    • Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
    • Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “
    The breach of this code is a breach of the KADOE (Keeper of a Vehicle at the Date of an Event using an Electronic Service) contract.

    This complaint is a complaint about a breach of the KADOE contract, this is in the DVLA’s remit and as such it must be dealt with by DVLA and not by a third party.


    This matter has been escalated to the CCR team because I have no confidence in the data release team to take such a complaint seriously as it's in the public domain that they have dismissed these issues far too many times recently without so much as even supplying a copy of the DVLA complaints procedure leaflet.

    If my complaint is not resolved properly my intention is to involve my MP and to refer the issue to the Parliamentary and Health Service Ombudsman.


    To summarise, my complaint is specifically about Minster Baywatch breaching the KADOE contract. I know it is not your responsibility to monitor parking companies and nor am I asking you to do so. Rather, I am informing the DVLA of a breach of the KADOE contract to which the DVLA is a party, and I would like to know what action the DVLA is going take.

    So either this PCN gets cancelled or I am to be issued with a POPLA code.


    Yours faithfully
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    I appealed the above PCN as the Vehicle Keeper directly within 29 days as stated to Minster Baywatch Email address :
    Does it state 29 days in their NtK? It’s normally 28. Check it carefully, otherwise the BPA might argue you’ve appealed outside the time limit - don’t expose yourself to being a hostage to fortune.

    Otherwise it all looks ok.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • azz007
    azz007 Posts: 216 Forumite
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    edited 29 November 2017 at 3:14PM
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    Umkomaas wrote: »
    Does it state 29 days in their NtK? It’s normally 28. Check it carefully, otherwise the BPA might argue you’ve appealed outside the time limit - don’t expose yourself to being a hostage to fortune.

    Otherwise it all looks ok.


    it does say on the letter i have 29 days to respond or pay in full

    see letter here . i dont have the back side of letter to hand,

    hxxps://www.dropbox.com/sh/0vgcayxy572un3q/AAAhq1nOh5dYpp7tgT0OJ5pqa?dl=0


    but i suspect you maybe right about appealing within 28 days starting from issue date 24/10. So i might have missed the window by 1 day.

    Il jsut take the 29 days part out of the email and send it. would that be ok and see what happens?
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    Il jsut take the 29 days part out of the email and send it. would that be ok and see what happens?
    If it’s ok with you, then go with it and just see what happens.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • azz007
    azz007 Posts: 216 Forumite
    First Anniversary First Post
    edited 29 November 2017 at 5:44PM
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    Umkomaas wrote: »
    If it’s ok with you, then go with it and just see what happens.

    Sent the email. got a reply in 5 minutes directly from Steve Clark, Head of Business operations that one of his managers will look into this for me .

    i dont think his direct email in in the NEWBIES thread, maybe worth adding
    steve.c@britishparking.co.uk

    Just a waiting game now,
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