PCN received - please advise

ski47

Hello,

I received a PCN from Minster Baywatch (they are a BPA member) a few days ago. It was in a pay and display carpark that I park in every day for work and normally pay for using an app. I thought I had on the day in question but it must not have gone through.

I have read the newbie thread but have a couple of questions:

1. I don't think I can complain to the landowner as it is not a shopping centre, hospital or similar and I had failed to pay for parking (Albeit accidentally) - is this correct and do I have grounds for not paying?

2. If I pursue an appeal, will I be able to park there in future?

3. If they start sending me debt collector's letters which I understand I should ignore, will doing so adversely affect my credit rating?

Sorry if these questions are answered elsewhere and thanks in advance.

Redx

1) not everyone can complain to the landowner , as they may not know who they are, but the creditor should be listed on the NTK (but often isnt)

they have grounds to pursue any losses, so no you dont have the right not to pay for parking

2) yes (unless they blacklist you)

3) already covered in post #4 of the newbies thread

and in here too (posts 12 and 13)

https://forums.moneysavingexpert.com/discussion/5161978

debt collectors are powerless in these cases anyway

ski47

Thanks.

Sorry that should have read grounds for appealing rather than not paying for parking. I See that they can not enforce but I am more at fault than some other threads I have read

I'm sorry I am not experienced at using forums so have found them difficult to navigate.. I see that debt collectors are not the same as bailiffs but can't see anything about credit rating (assume by your response that they don't affect it?).

So advice seems to be that I wait 21 days and then appeal to the company using the template letter? It appears to me that if I do this properly I will not need to pay but it is daunting given the fear the notice, however "fake" , could increase

Redx

a CCJ affects your credit rating, which would be enforced in a court should you lose and not pay the judgment within 28 days

I am sure you would be aware of any court case and payment to be made within 28 days if you lost

therefore you would have to be taken to court , lose, not pay within 28 days and then receive a CCJ, this would then affect your credit rating

none of that has happened yet , thefore no credit rating is affected either

https://forums.moneysavingexpert.com/discussion/5224920

ski47

That's very helpful thank you. I now feel confident to send the appeal letter and fight this (After 21 days of course)

ski47

I have stupidly allowed my PCN to get wet and the whole bottom section about appealing is now illegible. I can still read the PCN number and I can find an address for Minster Baywatch on their website but it is a PO BOX address.

I'm now at 25 days since it was issued so have letter ready to post 1st class today. I just wanted to know if the damage to the PCN and fact I can't read all the small print will affect my appeal?

Edit: Have found registered office of company and assume I should appeal there instead? My worries are that there is some sort of code now missing from the PCN or appeal address

Redx

all you really need is the PCN number, plus add your name as keeper , address , and VRN

doesnt matter about the rest of it , its only an invoice anyway

I assume this came in the post (not a windscreen pcn ?)

Minster Baywatch Ltd.
PO Box 731
York, YO31 7WP
Company registered in England & Wales (No 07517434)
Registered Office: Popeshead Court Offices, Peter Lane, York, YO1 8SU

ski47

Ok, thanks. So I should add my vehicle registration number to the letter?

No it was a windscreen PCN, why do you ask?. I have realised I will need to get proof of postage so will send it tomorrow on 26th day (!) cutting it fine but assuming as it is within 28 days and I have proof I should be fine...

ColliesCarer

don't send the appeal yet - unless this is a hire or lease car

They should send a postal notice to the registered keeper - which should arrive from day 29 to 56 after the parking event.

Wait for that to arrive before sending the appeal letter

There are reasons for this - NtKs must arrive between those timescales and be fully POFA 2012 Schedule 4 compliant - if it doesn't arrive within that timeframe or is not compliant in other ways - that gives you stronger appeal points at the POPLA stage because if they don't provide a complaint NtK they fail to establish a right to pursue the Keeper

Also if they don't send an NtK at all then they could only pursue the driver and they don't know who that is

Redx

ski47 wrote: »

Ok, thanks. So I should add my vehicle registration number to the letter?

No it was a windscreen PCN, why do you ask?. I have realised I will need to get proof of postage so will send it tomorrow on 26th day (!) cutting it fine but assuming as it is within 28 days and I have proof I should be fine...

VRN = Vehicle Reg Number

I asked because as the last reply says, you wait for the NTK to arrive in the post (to the Registered Keeper), which is sometime from day 29 onwards, you dont appeal this windscreen ticket as that means you are appealing as driver

re-read the NEWBIES sticky thread, its all in there, then wait for the NTK (as long as its not a hire car/leased car/company car - in which case appeal now if it is)

ski47

thank you both.

It's my car so I won't appeal yet based on your advice.

however, I have read the newbies thread and it says:
" The latest advice is to avoid the debt collector rubbish and in the case of AOS MEMBERS ONLY, appeal after around 21 days if you get a windscreen ticket but as the KEEPER, not driver, using the template below. "

That is why I thought I needed to appeal after 21 days but before 28?