Minster baywatch pcn

KeithP

azz007 wrote: »

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Without Prejudice

Dear Sirs,
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If you choose to reject my offer to settle this matter and wish to pursue this matter through the courts then I shall bring to the Court’s attention this letter.

Yours Faithfully,

Do you understand what 'Without Prejudice' means?

Redx

and the first 4 lines in post #1 still say who was driving

dont take this the wrong way, but if you cannot understand the simple act of not blabbing then you should not be trying to compose letters that indicate who did what on the day

as I said earlier , the word I is not used , the 2 words THE DRIVER are used !!!

capiche ?

azz007

Coupon-mad wrote: »

It's not terribly worded, but you still appeal as keeper, because the POFA schedule 4 isn't just about the NTK wording; for instance the Act also requires 'adequate notice' of the parking charge. And MB signs are often sparse (can you get photos showing NO signs visible, that would be good prep for POPLA).

Also if the car 'wasn't authorised', it's worth showing us the signs as they may well be worded as prohibiting parking/''no contract offered'' - no licence therefore no breach of any agreed contractual 'licence' to park without a permit.

And the £100 charge might be buried in small print, or obscured by trees, etc.

And how long does the PCN say the car was there for? POPLA cases are often won on Grace periods.

And you said this but was it an ANPR letter, or a manual camera used by a lurking person?

i will try get some photos over the weekend.

Yes they were anpr cameras on the car park and show my car and reg on the PCNs entering and exiting. dont think the driver falls within the grace period as shows on timestamp parked there for 48 mins and 44mins.

azz007

also what is the best way to appeal, via post - recorded delivery, online appeal or via email?

Redx

same wording error on post #14 now (despite you having sorted out post #1)

every time you type you commit the same fundamental error (me , myself , I)

edit post #14

then use whatever methods of appealing are listed on their NTK (pcn)

the choice is yours , PROVIDING you follow the methods approved by MB on their pcn

KeithP

azz007 wrote: »

also what is the best way to appeal, via post - recorded delivery, online appeal or via email?

From post #1 of the NEWBIES thread:

DON'T POST UNLESS YOU HAVE TO - ALWAYS USE THE ONLINE APPEAL PAGE BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP A SCREEN PRINT. USE ANY EMAIL APPEAL OPTION IF FIRMS OFFER IT.

Never use Recorded delivery - now known as 'Signed For'.
This allows the recipient to refuse delivery, then all you have is proof of non-delivery.

Send using ordinary first class post but get a free Certificate of Posting from the Post Office counter. Letter is deemed delivered after two days and it is for the recipient to show anything different.

azz007

as keeper i appealed both however one of the references wasnt working on their online sytsym.
So 1st appeal went via email. no response yet. still waiting

2nd appeal online via their website and the appeal has been rejected see below.
i guess i now go to POPLA , any specific templates i can use guys. or anyone got similar for MINSTER BAYWATCH??

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23 November 2017
Dear Mr ***,
Re: Notice Number 5****** (Vehicle: *****)
Site: Oldham, Mecca Bingo (Lower)
Issue date: 02/11/2017

Further to your appeal received on 22/11/2017 regarding the above Charge.
We note your comments; however, when this Charge was issued this vehicle was in contravention of
the agreed terms and conditions for all users of this site.
Your appeal has been reviewed along with all evidence gathered at the time of the breach of the site
rules.
There is a contract to enter this site, as stipulated by signage located around the car park, which clearly
states that vehicles must have a valid Permit or where applicable be on the authorised user list. Your
vehicle was observed to contravene this condition.
After having thoroughly examined the authorised user list for the date and time in question, we can find
no record for your vehicle or a vehicle with a similar registration.
We are therefore unable to cancel the Charge as it was issued correctly.
You have now reached the end of our internal appeals procedure and have a few options to choose
from:
Pay the Charge at the prevailing rate of £60 within 14 days. Please note that after this time the
discounted rate will no longer apply and the Charge will rise to £100.
Make an appeal to POPLA (Please note this does not apply to charges issued in Scotland) – The
Independent Appeals Service by visiting their website at https://www.POPLA.co.uk within 28 days.

Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate
of £60, and should POPLA’s decision not go in your favour you will be required to pay the full amount of
£100. If you opt to pay the charge you will be unable to appeal to POPLA. Your verification code, which
you will need to appeal to POPLA, is 411******. Please be aware POPLA only applies to Charge's
issued in England and Wales.
If you choose to do nothing, after 35 days we will seek to recover the monies owed to us via our debt
recovery procedures and may proceed with Court action against you.
By law we are also required to inform you that Ombudsman Services (https://www.ombudsman-services.org/)
provide an alternative dispute resolution service that would be competent to deal with your appeal.
However, we have not chosen to participate in their alternative dispute resolution service. As such
should you wish to appeal then you must do so to POPLA, as explained above.
To support our eligibility to pursue this Parking Charge Notice, we would like to draw your attention to
the fact that on 4th November 2015 there was a landmark Court decision that saw a motorist challenge
a Parking Charge Notice through the Court system of England and Wales with the final appeal to the
Supreme Court. Where, in a final decision made by the Supreme Court Judges, a Judgement was
handed down supporting the view that a parking charge should be viewed as an effective deterrent.
The judgment confirmed the parking charge was lawful and motorists parking on private land must
comply with the advertised terms and conditions. Further information regarding this judgement can be
found at https://www.supremecourt.uk/cases/uksc-2015-0116.html

Payments can be made by cheque or postal order - payable to MINSTER BAYWATCH LTD, or on the
Minster Baywatch Website- https://www.minsterbaywatch.co.uk

Yours sincerely,
Appeals Department
Minster Baywatch

azz007

Got photos from, the site. sign are very small even from 10yards away. also go close ups.
the last image is the entry point , mini roundabout. and it istn clear they are using ANPR Cameras.
see link

hxxps://www.dropbox.com/sh/0vgcayxy572un3q/AAAhq1nOh5dYpp7tgT0OJ5pqa?dl=0

azz007

Someone please advise?

Coupon-mad

You need to show US your draft POPLA appeal, not the other way round.

You will have seen the templates for POPLA when you read the NEWBIES thread post #3.