Minister Baywatch fines for parking in my allocated parking place.

AdamW_DJ

Hi,

Between 2010 and 2014 I lived in an apartment block that had its own relatively small multi storey car park. In 2012 they decided to employ a parking firm to manage the land to stop people parking in the car park that didn't belong there. Relatively understandable.

Minister Baywatch were the company employed and they soon gave out permits to each apartment for residents to keep in their car.

For various reasons there were times when I didnt have the pass in my car and so I received a parking ticket for parking in my own allocated space.

- Accidentally forgot to display the pass
- The pass fell off the dash
- I had walked up to my flat to get the pass, brought it back down and had received a fine within less than 5 minutes of being parked there.
- The pass was displayed and I received a ticket anyway

The total number of fines is 8, each equalling £140, making a total of £1120.

When I first received a fine, I contacted Minister Baywatch by letter, stating that I lived at the address and that I had forgotten to add the pass to my windscreen. They replied stating that the rules are to display a permit and that is the reason I have received the fine, therefore it still stands. After receiving this letter I followed advice that I read online at the time of receiving the first fine back in 2012 - this was just to ignore the letters that I was receiving altogether. However now, after viewing this forum and a recent news article detailing that The Supreme Court ruled in favour of a private parking firm, I feel there may be need for some action on my side to get these fines cancelled.

At the time of living at the apartment block, I still had all of my mail going back to my parents house and my car was registered at their house as I was living between the two. The bills for the apartment were in my flat mates name as was the tenancy. I feel this may leave me in a tricky position proving that I actually lived there. I have rent payments leaving my account to my friends account each month for 4 years and I have multiple orders from online stores that were delivered to the address in my name (e.g. ASOS).

Based on the above I'm hoping somebody out there can offer me some advice as to where to go next with this.

Apologies for the extensive post,

Many thanks in advance for your help.

DandelionPatrol

You lived in the block, as a tenant - relevant info, but hidden away. Can you tell us as precisely as possible what the tenancy agreement had to say about your parking rights.

Edit: It is not a fine. Private companies do not have the power to levy fines.

Guys_Dad

Too late to appeal. Suggest you keep quiet unless you get court papers.

AdamW_DJ

Yes - I lived there as a tenant. The agreement was that each flat holds one parking space. All of the spaces were numbered and matched that of the flat number you occupied. Each house received a key fob to raise the electric doors on the carpark and then when Minister Baywatch took over we received a parking permit too (Which I still have).

DandelionPatrol

As Guys Dad says, then. If you do receive court papers, come back. Your defence roughly is that you were parking in accordance with rights granted under your tenancy

AdamW_DJ

The most recent letter to receive was one that is offering one final opportunity to make payment against the outstanding debt before they initiate County Court action against me along with the usual threatening information. Its the first time I've received a letter as strongly worded as this one if I remember correctly though. Will have to wait and see what happens then if thats all I can do. Thanks for your help anyway guys.

enfield_freddy

what dates are those supposed fines for , and WHO is writing to you , threatening CC action?

daveyjp

http://forums.pepipoo.com/index.php?showtopic=101498

Similar situation with a firm course of action.

The_Deep

They would be mad to take this to court, so call their bluff.


Also, contact your landlord and complain to him that your tenancy rights to "quiet enjoyment" under the terms of your lease are bring compromised by the MA's poodle.

AdamW_DJ

Hi,

I have received two more letters today. These contain photos of my car and Minister Baywatch saying they are going to initiate court proceedings on the two cases attached within 7 days. They cite the recent case that was won in the supreme court but dont make reference to the other 8 tickets they apparently have against me noted in their previous letter.

My logic is to contact them with evidence of my tenancy through rent payments to my friend, deliveries I had made to the address along with the pass that I have for parking in the car park. Either that or contacting a lawyer to file some sort of claim against them for harassment - bearing in mind I contacted them 4 years ago explaining that I was a tenant at the address, to which they refused to cancel the fine, stating that I had not displayed my permit which was the reason for the fine (in some cases I had displayed my permit and whoever gave me the fine clearly had selective sight).

What do people suggest now - prepare a lawyer and wait for them to proceed with court proceedings or contact them with evidence of my tenancy at the property and make them aware they will not win the case by proceeding and so they need to stop harassing me?

Many thanks,

Adam.

Fruitcake

AdamW_DJ wrote: »

Hi,

I have received two more letters today. These contain photos of my car and Minister Baywatch saying they are going to initiate court proceedings on the two cases attached within 7 days. They cite the recent case that was won in the supreme court but dont make reference to the other 8 tickets they apparently have against me noted in their previous letter.

My logic is to contact them with evidence of my tenancy through rent payments to my friend, deliveries I had made to the address along with the pass that I have for parking in the car park. Either that or contacting a lawyer to file some sort of claim against them for harassment - bearing in mind I contacted them 4 years ago explaining that I was a tenant at the address, to which they refused to cancel the fine, stating that I had not displayed my permit which was the reason for the fine (in some cases I had displayed my permit and whoever gave me the fine clearly had selective sight).

What do people suggest now - prepare a lawyer and wait for them to proceed with court proceedings or contact them with evidence of my tenancy at the property and make them aware they will not win the case by proceeding and so they need to stop harassing me?

Many thanks,

Adam.

Did they actually say that, or did they say, may initiate court proceedings.


Do these recent letters pertain to old PCNs or recent ones.


My thoughts are that they are trying it on by using the recent Beavis case result to frighten you into paying.
The Beavis result cannot be applied retrospectively so it is utter bollards if they are being applied to cases from years ago, especially any that happened before POFA 2012 came into force.