Request for popla refused despite quoting legislation, what to do now?

Fruitcake

4sibbs wrote: »

I would ask for a copy of the contract they have with the land owner, they say they are employed by them which indicates they are paid a salary.

This is not the usual practice because their income is generated by 'ticketing' & often the parking company pay the land owner to operate on their site. It is unlikely they will want to let you see the contract because if they are not employed they have lied & misled you & you could report them to the BPA therefore simply asking the question might make them back down, definitely worth a try.

Many parking companies have been caught lying. Parking Eye were even caught lying in court. The BPA keep telling us they cannot enforce their CoP so there is nothing to encourage parking companies to stop lying.

Gin_and_Milk wrote: »

Thanks for that. It seems as though they're under no obligation to tell me who the landowner is, so that being the case are they under no obligation to show me a copy of the contract either? It's all very confusing!

They are under no obligation to do either, and will only provide you with a redacted copy of their contract if it goes to court, saying it is commercially sensitive.

As already suggested, you can pay the land registry a few quid to find out who owns the land.
If you find the landowner or land agent, you could ask them for a copy of the contract saying you have already caught the PPC telling lies, and you want to see the contract as you want to use this in court if it goes that far.
Don't hold your breath though.

bod1467

You have no legal right to see the contract ... UNLESS this proceeds to a court claim, wherein you can request they provide the contract to prove they have authority to manage the land and pursue claims in court in their own name.

Gin_and_Milk

I'm in the process of drafting a letter to Trading Standards and I'm wondering if it would be worth mentioning that the lowest denomination of money they accept is 20p? The cost of parking was £1.50 (which I couldn't pay because I didn't have the 50 pence piece). Could this be an attempt by Minster Baywatch to extort overpayment? I can understand not accepting coppers or even 5 pence pieces, but unless you've got a 50 pence piece in your pocket it is impossible to pay the correct amount because the machine doesn't accept 10 pence pieces.

Thanks (again)

Castle

Legal tender guidelines:-
http://www.royalmint.com/aboutus/policies-and-guidelines/legal-tender-guidelines

Gin_and_Milk

I sent the following email to Minster Baywatch yesterday:

"Re: PCN 121883


Dear Charlotte,

Thank you for your reply regarding the PCN referenced above.
I refer to your statement in your previous email in which you clearly state:

“Please also be advised that whilst I note you remarks referring to your correspondence as an Appeal, Schedule 4 of the Protection of Freedoms Act 2012 states that you are permitted 28-days in which to Appeal this Notice, as this timescale has lapsed, I must advise you that this communication will not be recognised as an Appeal.”

At best this is a genuine mistake, at worst a blatant lie; however it is not unreasonable to expect accurate information to be given. This is the BPA’s code of practice not PoFA 2012 which supercedes any code of practice. Whilst there is no acknowledgement from yourself of the EU Consumer Rights Directive I mentioned previously, I must stress that under the Consumer Rights Act 2015 an Alternative Dispute Resolution (ADR) service must be made available for a period of twelve months. Not only do I invoke my consumer rights to a fair and impartial service I also exercise the right under the Consumer Rights Act 2015 to have the PCN put on hold. Both the CRA 2015 and PoFA 2012 are compelling in law and supercede any unregulated code of practice your trade association may imply. Should you decide to proceed further the false information provided by yourself will be used against your employer in court.

I also refer to the 4% surcharge for payment by credit card and/or debit card. This is illegal and has been reported to both Trading Standards, Mecca Bingo, and the BPA who have also been informed of the 4% surcharge you demand for card payments. Again, should you wish to proceed to court this will be used against Minster Baywatch.

You also stated that Minster Baywatch is employed by the landowner, which is unusual practice as this implies the landowner is paying Minster Baywatch a salary rather than generate income by ticketing. This suggests one of two things: That you have a legally binding contract with them which I have a legal right to see in court; or that no such contract exists and you are again providing false information. As mentioned in previous points, should your statement be false, it will also be used against Minster Baywatch should the matter proceed to court. As you claim that Minster Baywatch is employed by the landowner I have informed Mecca Bingo of your statement with regards to Minster Baywatch being employed by them as well as the 4% surcharge which they may be unaware of.

I look forward to hearing from you"

This morning I received the following reply:

"Thank you for your further correspondence.

Please be advised that this Notice has now been passed to our Solicitors who will be in touch with you in due course to discuss the Notice.

Yours sincerely


Charlotte"

In her previous email she said I had until the 21st of October to pay before it was passed to their solicitors, so am I right in thinking they are in the wrong by passing it onto them nearly 3 weeks before?

I'm also aware that Gladstones are under investigation.

Do I reply to this or should I wait until I hear from their solicitors?

Thanks

Coupon-mad

I would wait. Then you can drop Gladstones in it and report them (William Hurley) to the SRA which is well worth it in every case where anything unfair or misleading is spouted by Solicitors about parking charges.

Gin_and_Milk

That's great, thank you.

I still haven't done my letter to trading standards yet because of my post from yesterday asking about the money accepted in their machines? Do you have any advice about that please?

I'm going to inform Trading Standards about 'Charlotte's recent email too.

I do keep checking the moderators btw to ask them to merge the threads, but I keep missing them I'm afraid!

Coupon-mad

I think your point from yesterday is valid and is probably easier for TS to get their teeth into as 'unfair' than to expect them to understand anything else about parking law (which they don't). Also showing them that the company has given you till 21st October then reneged on that, is another example of unfair business practices. And the unclear signs of course, MB's signs are ALWAYS in woeful small print.

Gin_and_Milk

Thanks. I'll mention that, as well as everything else!

Gin_and_Milk

Another quick question - sorry!

In all of my correspondence I've signed off as the registered keeper who is actually my husband. In my letter to Trading standards can I give my details? I'm guessing TS wouldn't pass these on?

thanks