Advice required on PCN - excessive charge?

JackB89

First post on here so hope this isn't too basic a question!

Went off to work today, but couldn't park my car in the allotted (free) spaces as they were taken up. Next to these spaces (but separate from them), is a private car park. In a slight rush, I parked my car and went straight into work without buying a ticket.

A few hours later, came back to discover a Parking Charge Notice on my windscreen from Minster Baywatch Ltd for the sum of £60 (£40 if paid within 14 days).

Having read various pieces of information, I am seeking advice on whether I should challenge/ignore this notice. In an ideal world, I would like to do so, as I feel that the charge is ridiculously excessive - as it was a Sunday, there was an all day car park fee of 50p, making my charge 120 times the normal amount sought. I also feel that having no allocated work space should be taken into account as a mitigating circumstance.

Having read the main MSE site, it looks like the 'militant approach' to private parking fines is the best way forward for me, on the basis of an unfair contract etc. Any further help would be hugely appreciated.

Many thanks

JackB89

Any thoughts guys?

Redx

yes of course its excessive , they almost always are

just read the NEWBIES thread at the top of the forum and formulate what to do next from that, especially if it happened in England and Wales

the fact is that you trespassed on private land and "owe" an amount for parking plus a reasonable collection fee

so a "genuine pre-estimate of loss (GPEOL)

the initial loss was 50p to the landowner or his agents

what you do next depends on what you decide having read the coupon-mad thread

Coupon-mad

Having read the main MSE site, it looks like the 'militant approach' to private parking fines is the best way forward

That was a waste of time to read, especially if it was that ancient old article about ignoring these. Stick with the current forum advice in the NEWBIES sticky.

Guys_Dad

Yes, read the sticky by Coupon Mad for help.

However when you appeal, and not till you get the NtK, remember that the BPA require a discount of 40% for prompt payment and the PPC haven't offered that. I am assuming that the PPC is in the BPA.

If you don't understand the abbreviations you will when you read the sticky thread.

Stroma

You of course need to read the sticky threads, but a few questions

1) is this England or Wales ?
2) are you the registered keeper?
3) have you made any appeal?
4) have you complained to the landowner?

Thanks, and it's not a fine!

The_Slithy_Tove

JackB89 wrote: »

Any thoughts guys?

Take it easy! 25 minutes and you're wondering why no-one has replied on a Sunday evening! You have time, use it wisely, and don't fly into a panic (just because you don't get a response within half an hour).

JackB89

Stroma wrote: »

You of course need to read the sticky threads, but a few questions

1) is this England or Wales ?
2) are you the registered keeper?
3) have you made any appeal?
4) have you complained to the landowner?

Thanks, and it's not a fine!

Oh did I put that it was? My mistake, the invoice.

In answer to your questions:

1) Yes (England)
2) No (my father is)
3) No
4) No

JackB89

Cheers for the help/advice guys. Apologies if I was a little strident in my original posts......

I have re-read the 'Newbies Info' and other relevant information, and also spoken to my father (the registered keeper). He's happy to fight it so no need to tell the PPC who the driver was.

I will wait until we get an NtK, however if/when that happens, I will base my defence on the following points:

1. The charge was excessive - £60 for a 50p tariff (is this classed as a 'No GPEOL'?)

2. I was only offered a 33.33% discount if paid within 14 days - this is a violation of the BPA Code of Practice - point 19.7 states that any approved PPC must offer a 40% reduction.

3. There is no mention of the POFA 2012 on the PCN, therefore the PPC must pursue the driver. The registered keeper was not the driver on this occasion, and has no legal right to reveal the driver's identity.

If people could lean me in the right direction with these points, that would be great.

Coupon-mad

Your points are certainly in the right direction for initial appeal so put this on the back burner now and make sure Dad knows the score when the NTK or random first letter arrives. I reckon MB will take at least 2 months to send a NTK and even then it might well be a pile of rubbish from PCS or some other clueless debt collector.

Bear in mind not to accidentally imply who was driving, and expect a norty reply from Minster Baywatch without a POPLA code at first. I would be very surprised if this bunch play fair straight away as they used to be notorious clampers and have a terrible reputation on these parking forums (MSE and pepipoo).

You may well have to threaten Minster Baywatch with a complaint to the BPA if they don't cough up a POPLA code to a registered keeper, like good little AOS members.

Guys_Dad

In the meantime, keep reading current posts so that you can see, from advice given to others, some of which will be relevant, others not, the sort of advice and opinions that are being given.

By the time that your dad gets the NtK, you should be quite experienced and know your way round the whole business of parking charges on private land.