Unaurthorized use of bus and taxi dropoff/pick up - Minster Baywatch!!!

StarSaver

Hi all, I received a 'NOTICE TO KEEPER OR HIRE COMPANY' from Minster Baywatch!
There is one picture of the vehicle that is registered to me on a road that could be any road- no time stamp and no date.


The driver of the vehicle accidently entered a lane entitled for busses and taxis only to drop off at York University. The driver did not stop. The driver exited the lane and continued to the correct lane.


Minster Baywatch now request I pay them £60


Ha


My response (of course the names have been changed to protect my identity):




Mr David Hasselhoff


Micky Mouse Drive


Disneyland


California


USA


91706





04/01/2099

Without prejudice, except as to costs

Unauthorised use of bus and taxi drop off/pick up area Charge Notice - Notice to Keeper 123456

This letter is a formal challenge to the issue of your Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22





On 28/02/2015 I was the registered keeper of the Rolls Royce registration number XXXXXX





Before I decide how to deal with your Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.





I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the motoring charge, my main concern is its disproportionate and punitive level.

1. Your Unaurthorised use of Bus and Taxi drop off/pick up area charge amount claim.





Please explain on which of the following grounds your claim is based:





(i) Damages for trespass


(ii) Damages for breach of contract


(iii) A contractual sum


2. Your loss.





If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged motoring contravention.








3. Your status – the creditor.





Your Charge Notice - Notice to Keeper simply mentions Minster Baywatch. Please tell me who is the actual creditor making this £60 Motoring charge demand. I need to know exactly who is making the claim and in what capacity.





4. Ownership of premises.





Please tell me who owns the Bus and Taxi drop off/pick up area, as I wish to send them a copy of this letter.


5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)





Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your motoring Charge Notice - Notice to Keeper.





6. Signage.





If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the associated area. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the assosiated area’s entry point.


7. Summary


I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your motoring Charge Notice – Notice to Keeper.


If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.


If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.


My challenge is based on the assertion that your Motoring charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.


Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.


Yours


David


Then Came the response:
Dear Mr Hasselhoff





As it is the driver of the vehicle that is responsible for a charge notice, please can you confirm whether you were the driver of the vehicle at the time this charge notice was issued or, if not, that you have the authorisation of the vehicle driver to appeal on their behalf?





Yours sincerely





Minster Baywatch




My Response:
I will not confirm the driver - please answer all my questions in my appeal letter so that I can make an informed decision on how to proceed.


Any thoughts or advice for me would be greatly appriciated

nicechap

if you search the forum for York University you will find other useful threads.

In particular you should complain to DVLA that VCS have lied to DVLA in that they obtained your personal data for a non-parking event contrary to the KADOE contract.

Castle

nicechap wrote: »

if you search the forum for York University you will find other useful threads.

In particular you should complain to DVLA that VCS have lied to DVLA in that they obtained your personal data for a non-parking event contrary to the KADOE contract.

I think he said it was Minster Baywatch not VCS.

If no parking event happened, then it's a breach of the Data Protection Act, which should be reported to the ICO.

Marktheshark

Your appeal has failed, you now owe us £xxxx
Could save you the effort.

Umkomaas

Without prejudice, except as to costs

Do you understand what this means? If you are seeking answers to questions specific to your case, why would you rule out showing these to a court by the insertion of 'Without prejudice'?

If you reject this challenge or fail to address the issues that have been raised

This is a rather dated Parking Cowboys template. It is a series of questions that many PPCs have argued is not a challenge/appeal (I tend to agree) and have not responded with a POPLA code - thereby wasting your time (cos you're going to have to do another one) and they will move ever closer to their appeal deadline, after which, if you miss it, you will have an almighty battle to extract a POPLA code from them.

Use the initial appeal from the NEWBIES sticky.

StarSaver

their letter states they have obtained my details under a 'reasonable cause' request


If my appeal letter is dated should I now send them a second appeal letter using the template from the NEWBIES STICKY?

StarSaver

should I send a second appeal letter using the template in Newbies Sticky

Half_way

do not send the above challenge/' appeal' it will cause problems for you

Do not even think of titling anything "Without prejudice, save as to costs " it could cause issues further down the line and may affect your ability to defend yourself should they be stupid enough to try court ( unlikely but you want to be safe )

The_Deep

My wife did the same recently in a proper Council bus lane. The Council asked for £30 which we paid. Why do the PPC want considerably more than that?

StarSaver

I have already sent that one, my question is shall I send another challenge based on the template in the Newbies Sticky?

Half_way

A second letter may be ignored by the parking company but its worth a chance.
Also you should complain to the university and tell them that you may hold them liable for your costs as a result of their agents unreasonable behaviour in trying to impose what amounts to an unlawful penalty charge.
parking information here:
http://www.york.ac.uk/admin/estates/transport/parking/Parking%20Terms%20and%20Conditions.pdf
As usual for something such as a University its full of holes heres a selection

The driver of each vehicle who park a vehicle on University land are required to conform to the terms
and conditions outlined for use of the car parking facilities. By entering onto the University property
and parking a vehicle, the driver of that vehicle
enters into a contract with the University and agree to
comply with the terms and conditions for use.
The car parks are patrolled by the University
Travel and Transport
team
to ensure all drivers are
complying with the terms and conditions for parking.
Parking Charge Notices (PCNs) will be issued to drivers who are found to have parked their vehicles
in breach of the terms and conditions.
PCNs will be issued for the following reasons

(list of so called reasons )

So its a breach, therefore a penalty

A PCN is payable at the rate of £80.00 and must be paid by no later
than the 28th day beginning on
the day that the PCN is issued. A discounted amount of £30.00 will be accepted as final payment if
that payment is received by the university in 14 days from the date of issue of the PCN.
These charges are not a penalty, but
are a pre
-
estimate of the actual losses (liquidated damages)
which are recoverable under UK contract law. In order to recover
an unpaid Parking Charge, the
U
niversity reserve the right to take legal action against the driver of the vehicle. If the driver
is
unknown, the details of the registered vehicle keeper will be obtained from the DVLA and we will
write to the vehicle keeper requesting the details of the driver. In such a situation the registered
keeper will be obliged
under the Protection on Freedom
s
Act 2012 (POFA 2012) to supply the contact
details of the driver. If the keeper refuses to supply this information, then under POFA 2012 we have
the right to pursue payment for the parking charge from the registered keeper of the vehicle.
13.1
Failure to
comply with these
terms and conditions

again a breach, plus the early discount could possibly fall foul of EU legislation according to the RAC foundation.