Minster Baywatch

alessiopat

Hi, I would like to share my story.
I rented a car at Hertz in Sheffield and went to York with 3 friends. We parked in a private space managed by Minster Baywatch, paid and displayed the ticket. When we came back (in time) we did not find any charge (of course, we paid the parking!). After 2 weeks Hertz sent me an invoice where they say they charged 102 GBP for a penalty (60 is the "fine" and 42 administrative costs by Hertz).
I asked the proof and they forwarded me the "notice charge" issued by Minster Baywatch. So, this is a private company and can not issue anything. Moreover, I think their behavior was obvious: they found a rented car in their spaces, and the car had a regular ticket so they did not put any fines on the windscreen. After some days Hertz got their request that AUTOMATICALLY accepted and paid, charging the administrative costs. The fine has no value since coming from a private company, moreover my right to appeal has ben canceled with the payment (MB only accepts an online procedure that without an explication is not available for my case).
I contacted my bank to disclaim the payment. I have 3 witnesses (beside me) that can say the ticket was paid. In the "fake" notification they just show the car entering and leaving the parking (of course we did!), they don't show the dashboard with the missing or expired ticket. So there is no evidence in this story but Hertz decided to pay.
What do you think!? I hope my bank refuses the payment (they asked me to explain my reasons but on the phone they looked incredulous of such abuse)
My regards
Alex

catfunt

Check out the ARVAL thread (currently on the first page of this forum as it is ongoing).

You will learn a lot about the issues involved, and have a good idea of where to take this.

Also read the NEWBIES thread.

Marktheshark

I would not mess about here, the law is on your side, LBA and county court.

baywatch-winner

Don't pay these parasites - know your rights.- Baywatch are a private company and are unable to enforce it. I have just won my case - They have to prove you are the driver and that you actually read the regulations. Just because they are on signs doesn't mean you've read them. By not reading them you have not entered into a contact therefore they cannot enforce it.

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Dear Mr ****************

Decision Successful
Assessor Name XXXXXXX XXXXXX
Assessor summary of operator case
The operator’s case is that the driver of the vehicle failed to display a valid parking ticket.

Assessor summary of your case
The appellant’s case is that they visited the site with their driver, and they were both new to the area. The appellant advises that they do not believe the charge is a genuine pre-estimate of loss as they did not see any signage at the site as it was dark and unlit.

Assessor supporting rational for decision
In this case, the operator has issued a Parking Charge Notice (PCN) directly to the vehicle, to which the appellant has responded. The appellant states that they are the registered keeper of the vehicle, however were not driving it on the date of the contravention. The operator has responded to the appellant’s initial appeal, identifying them as the ‘legal owner’ in its correspondence. After considering this evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that it the appellant is the driver and therefore liable for the charge.