Minister Baywatch fines for parking in my allocated parking place.

The_Slithy_Tove

Fruitcake wrote: »

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.

Beavis cannot possibly have any relevance either as the circumstances around parking in private residential parking areas bears no relation to overstaying in a free car park attached to a retail park. Any judge who rules for a PPC in such a case using Beavis as his reason is a fool.

The_Deep

Beavis overstayed in a free shopping centre car park for nearly an hour. The time limit was two hours free parking, with no facility to purchase extra time.


PE paid the landowner £52,000 a year to "farm" the car park, it was their only source of income.


What has Beavis got to do with your case?

Coupon-mad

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.

It will be small claims court - if they actually bother! Most PPCs never do, but LOTS send out letters like this suggesting they might. You do not take on a lawyer because you can't get their costs back and also it's not something most would take on, IMHO.

So is the letter headed up 'Letter before Claim'?

I would not be saying 'look I had a permit' because they know that! It's about the non-display from their point of view so don't try to argue that. It's more about showing them you are not a pushover. You could respond along these lines:

http://parking-prankster.blogspot.co.uk/2015/10/consumer-ombudsman-can-deal-with.html

i.e. write a reasonable letter asking for ADR, as is your right. Suggest POPLA and tell them you are aware that the 28 day deadline they imposed regarding 'appeals' does not preclude ADR now. All parties in a dispute have a duty to try to resolve the matter outside of court and so you suggest POPLA or the Consumer Ombudsman and look forward to their consideration of these alternatives.

Also tell them that their letter and seven day timeline is unreasonable and does not meet the pre-action protocols:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#8.1

HTH

Umkomaas

Minster Baywatch record of court cases:

http://parking-prankster.blogspot.co.uk/2015/03/court-cases-2014-2014.html#comment-form

http://www.bmpa.eu/companydata/Minster_Baywatch.html

AdamW_DJ

Hi,

Found these useful posts on another website. They relate to very similar circumstances where the guy won his case against the Parking company for harassment.

treble w - consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass-**SUCCESS**

and another one that actually relates to the same block i was living in;

treble w - pepipoo.com/forums/lofiversion/index.php/t74489-50.html

Basically, I own the space as I am renting the property as the space is part of the lease agreement. Therefore the parking firm are trespassing on my land in order to put a parking ticket on my car.

Surely the car parking firm should be enforced by the landowner for the property block to put tickets on cars that are parking in the car park without permission from the tenants and apartment owners instead of pestering people who actually own or rent properties.

The_Slithy_Tove

AdamW_DJ wrote: »

Surely the car parking firm should be enforced by the landowner for the property block to put tickets on cars that are parking in the car park without permission from the tenants and apartment owners instead of pestering people who actually own or rent properties.

You are suffering a fundamental misunderstanding about the way PPCs work. They are only interested in maximising their income. So ticketing legitimate people's cars for any silly reason is far more lucrative than actually managing a car park properly - they'd go bust in a trice if they acted sensibly and morally.