Minster Baywatch Parking Charge

SN3D

Hi all

I received this PCN from Minster Baywatch 2 days ago and it reads as follows:

The letter states.......

We have recently written to you regarding charge ref 123456789. We note that despite our attempts to encourage you to satisfy the notice, both at the lower amount of 60 which was valid for 14 days of the date of the aforementioned letter and then the higher amount of 100 which was valid for a further 14 days, giving you 28days in which to satisfy the notice, no payment has been received and no arrangement to pay has been agreed.
(As in my original post we never received the first 2 letters they state were sent)

As such this notice has now been passed to our internal collections team, this has resulted in an additional charge of 55 being applied bringing the total liability on this notice to 155.00

WHAT YOU NEED TO KNOW
You need to pay the amount of 155, no later than 19.12.16. You can do this via our website minsterbaywatch or by phoning our team on tel number 01904 612277 who will be able to discuss available payment options with you.

WHAT IF YOU DON'T PAY WHAT YOU OWE
In accordance with schedule 4 of the protection of Freedoms Act 2012, you are liable for this charge as such if you have not agreed a payment schedule with us by 19.12.16 we will not be able to prevent further action being taken against you.

Please be aware if payment is not received by the aforementioned date the charge will be passed to an external debt collection or our solicitors to recover any amount outstanding.


This is the ONLY letter I have received from MB despite their claims they have tried to contact me before.

After reading the newbies section FAQ I sent them the template appeal letter via email the very next day.

This morning I received this reply:

Good Morning,



Thank you for your recent correspondence.



However, please be aware that the deadline to appeal the charge has passed. Driver’s are afforded 28 days to appeal from the date when the NTK is issued. We are therefore not processing this submission as an appeal.



Kind Regards,

Amelia

Minster Baywatch Team


I would appreciate any advice as to what I should do next as I'm stressing about paying it. I really don't want any CCJ's .

Many thanks

Umkomaas

Not much more you can do now other than wait to see what their next move is, and deal with that then with full forum support.

Why do you think you will get a CCJ?

Have you complained to the landowner and asked them to intervene and get this cancelled?

Coupon-mad

Young Amelia at MB must be so proud, working there (NOT). How awful for her. I would be embarrassed if any Coupon-sprogs ever worked for such a *firm*, unless they went under-cover or something, LOL!

I'm stressing about paying it. I really don't want any CCJ's .

Nor do any of us, luckily, that's not going to happen.

SN3D

This is a copy of the email I replied back to MB yesterday:

Thank you for your reply. Your original NTK is dated 22 June 2017 and was received by post 26 June 2017. This is the only correspondence received from your company regarding the above matter despite your claims that you have written before. As a result this letter will be treated as the first received. You are required to provide evidence that you have written before the above date and that as the registered keeper, I have received such correspondence. Please be advised that I have forwarded a complaint to the BPA and the land owner along with copies of all emails sent and received.

Yours faithfully



Today I received the following reply:

Good Afternoon,



A notice to Driver was sent to you on the 24th of May 2017, please find it attached.



Please be aware that under the Protection of Freedoms Act 2012, Schedule 4, a Notice to Keeper is presumed to be legally received two days after the date on which it was sent unless the contrary is proven to be true. Therefore, unless it can be categorically proved that the letter was not received, it is legally presumed to have been.

---

Within this reply was a PDF attachment of a notice to driver which them claimed to have sent out previously. I totally dispute this as it's not like I get lots of mail and I check everything that comes through the post. I'm 100% certain no such letter was received. Yet here they are claiming it's up to me to prove it never arrived! How is this right? Any advice where to go from here guys? Half tempted to just pay the bloody £155 as I don't want the hassel of it escalating further .

Umkomaas

Half tempted to just pay the bloody £155 as I don't want the hassel of it escalating further .

What? And fund them to continue scamming the weak and vulnerable? Like little old ladies who've just lost their husbands, all alone, no one to turn to for help, intimidated, harassed, threatened. Or what about those on subsistence levels of income for whom £100 is 2 weeks food shopping, going hungry to pay this off?

Or the cancer patients late back from a delayed chemo appointment, desperately going through horrific treatment clinging on to life so that their young family have an outside chance of having Mum (or Dad) still being with them at Christmas? They have no conscience. They don't care what misery they cause, as long as they can get their grubby fingers in your wallet/purse and intimidate you to you stump up your £155. How long did it take you to work for (nett) £155?

Back off rant mode - unless they can prove date of posting (signed for or certificate of posting from the PO counters) they can't prove they've sent any letter. You're ahead on that point.

You still want to pay that off to save you a bit of hassel (sic)? Walk in their shoes for a few metres!

As you can see, I'm quite passionate about the abuse and scandal that is being perpetrated in the name of unashamed pursuit of (dirty) profit. I see myself as a (soft) capitalist, but the private parking skimdustry is way beyond acceptable capitalism as I recognise it.

Coupon-mad

SN3D wrote: »

Half tempted to just pay the bloody £155 as I don't want the hassel of it escalating further .

Don't be daft! No-one here PAYS a scam, and certainly not £155!

And even if paying makes your life easier, it ruins someone else's. Think about what you'd be funding, as explained by Umkomaas, then you will know why we come here voluntarily every day/evening after work. To make sure pretty much no person pays a penny.

So, big deal, some pleb (who really needs to look for a real job, a service to Society) wrote this to you, have some fun replying to said pleb, then:

Good Afternoon,

A notice to Driver was sent to you on the 24th of May 2017, please find it attached.

Please be aware that under the Protection of Freedoms Act 2012, Schedule 4, a Notice to Keeper is presumed to be legally received two days after the date on which it was sent unless the contrary is proven to be true. Therefore, unless it can be categorically proved that the letter was not received, it is legally presumed to have been.

Reply with something narky and sarky (they deserve it all), but with legal truths, like:



Good afternoon,

You appear to be confusing your 'NTDs' and your 'NTKs'. Back to the drawing board. Allow me to educate you and your ilk:

Please be aware that under the Protection of Freedoms Act 2012, Schedule 4, a Notice to Driver is a document as set out in paragraph 7:

''7(1) A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met. (4)The notice must be given—

(a) before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

(b) while the vehicle is stationary, by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.''

The imaginary document you described as a 'NTD' cannot be posted, therefore your protests about a (ghost) 'NTD' make no sense whatsoever. Your attached PDF was also created/edited on the day you replied to me - care to explain how this can be the case, unless you mocked it up in the hope of duping another victim? You and I both know as fact: your company posted a NTK only, in late June, far too late for compliance with paragraph 9 of the Act. And I can't be held liable.

If you continue to mislead me about liability, or start trotting out the baseless and desperate old favourites, Elliott v Loake or CPS v AJH Films, then once I've picked myself back off the floor from laughing I will have no hesitation in reporting your conduct, and reserve the right to sue you if you do not withdraw this farcical charge now.

I need not remind you that another notorious ex-clamping firm of your type, UKCPS, were banned by the DVLA a few months ago for 'ghost ticketing' behaviour (i.e. pretending a NTD was properly served, when it was not). And it is a matter of public record that they were shopped by a concerned member of the public, no doubt someone like myself, a law abiding, professional and hard-working person, fed up with private parking scams. Your conduct has echoes of that rogue business practice and I am sure the DVLA and Trading Standards would be very interested in the PDF you sent to me.

In the alternative, you might want to engage in a game of POPLA 'battle of the templates' with me, or cancel the PCN.

yours,


you.

Umkomaas

Wow, CM. You've been really sharpening your rapier this evening! Seems like some PPC has upset you! :rotfl:

Coupon-mad

Yes something annoyed me*, can you tell?!



*not a PPC, we are knocking them down like ninepins!

Umkomaas

Coupon-mad wrote: »

Yes something annoyed me*, can you tell?!



*not a PPC, we are knocking them down like ninepins!

Wear your heart on your sleeve and it can be a complete giveaway!

SN3D

Thank you for your replys guys. Had a bad day at work and was feeling a bit soft yesterday. Feeling like a warrior this morning! Like hell will I pay them anything, time to fight back!

Umkomaas

SN3D wrote: »

Thank you for your replys guys. Had a bad day at work and was feeling a bit soft yesterday. Feeling like a warrior this morning! Like hell will I pay them anything, time to fight back!

Good stuff - join us in the fight.