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Minster Baywatch: Demand for payment of unpaid charge

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
11 replies 757 views
jr84jr84 Forumite
6 Posts
Second Anniversary
Dear all,

Yesterday I received the letter quoted below, titled "DEMAND FOR PAYMENT OF UNPAID CHARGE". I presume this is in regard to a possible overstay in a private car park on – the letter does not say it explicitly. The letter is dated 24/11/2017 and contains a side section with car's details, Date of Contravention 21/10/2017, Date of Issue 26/10/2017, and two pictures of my car entering and exiting the car park.

I find this charge attempt abusive and deceitful. There was no ticket on the car when leaving the car park, and this is the first time they contact me. While an overstay charge would have been admitted, the extra charges for delayed payment and "internal collection team" are simply unacceptable. I have no intention of paying that and am willing to go as far as I need to.

I have read the newbies post (amazing contribution!). To begin with, I have not called them. And I am ready to submit the blue text appeal template as suggested, but I have a doubt: the blue text template references a PCN, which the letter received does not provide. Is the "Charge reference number" the same? or should I first ask them to provide me an actual PCN?
We have recently written to you regarding Charge reference number XXX. We note that despite our attempts to encourage you to satisfy the Notice, both at the initial 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 28 days in which to satisfy the Notice; no payment has been received and no arrangement to pay has been agreed

As such, this Notice has now been passed to our internal collections team, this has resulted in an additional charge of £55.00 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 08/12/2017. You can do this via our website: minsterbaywatch or by phoning our Minster Baywatch team on telephone 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 (please see overleaf for more information regarding your liability for this Charge), as such, If you have not agreed a payment schedule with us by 08/12/2017, we will not be able to prevent further action being taken against you.

Please be aware that 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.

I promise to keep this post updated until the case is solved either way. Many thanks in advance for your help.
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Replies

  • KeithPKeithP Forumite
    25.9K Posts
    Part of the Furniture 10,000 Posts Name Dropper
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    What you have received is a Parking Charge Notice.

    It is also a Notice to Keeper.

    Appeal using the appropriate text from post #1 of the NEWBIES thread without change.
  • jr84jr84 Forumite
    6 Posts
    Second Anniversary
    To provide some more context, these are similar recent cases (sorry I can't post urls):
    - Thread 5571618: nearly identical situation, but OP did not follow up so the outcome is unclear.
    - Thread 5671321: very recent and similar, but it's a hire car and the situation seems to be diverging that way.
  • jr84jr84 Forumite
    6 Posts
    Second Anniversary
    Thanks KeithP, I've emailed them the blue text template without change.
  • jr84jr84 Forumite
    6 Posts
    Second Anniversary
    Quick reply to document how this case progresses: Today I received a first letter from Debt Recovery Plus. There is clear advice to ignore debt collectors' letters in post #4 of the Newbies thread. So that's what I'm doing, just ignore them.
  • waamowaamo Forumite
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    What happened with your appeal?
  • jr84jr84 Forumite
    6 Posts
    Second Anniversary
    Expectedly, nothing. I sent the appeal after the appealing time limit, solely because the penalty charge quoted in my original post was the first and only communication I have received from Minster Baywatch.
  • UmkomaasUmkomaas Forumite
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    jr84 wrote: »
    Expectedly, nothing. I sent the appeal after the appealing time limit, solely because the penalty charge quoted in my original post was the first and only communication I have received from Minster Baywatch.

    Complain to the BPA (and copy to the DVLA) that MB have set debt collectors on you while the results of your initial appeal to MB is outstanding - in breach of the BPA Code of Practice.

    As a minimum, you expect a POPLA Code to access the 2nd stage appeals service, not having to deal with DRP rubbish.

    [email protected]

    [email protected]
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Coupon-madCoupon-mad Forumite
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    You were too late to appeal then because you were at a stage where the letter demanded £155.

    Hope you realise this DOES NOT mean a single person here is going to suggest you pay them a penny! Come back if you get a claim to defend, you've done all you need to do now.

    Except you can complain as Umkomaas says (you will get fobbed off, the BPA will support their beloved fee-paying AOS member and they will reckon that their beloved fee-paying member sent a PCN, earlier...).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jr84jr84 Forumite
    6 Posts
    Second Anniversary
    Coupon-mad, yes, thanks, I do realise I don't have to pay them.

    Umkomaas, thanks for your suggestion. Would you agree with Coupon-mad that complaining to the BPA would be pointless as they are effectively sided with Minster Baywatch? What would be the expected outcome of complaining to them? Is there any risk I'll be shooting myself in the foot by doing so?
  • Half_wayHalf_way Forumite
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    The British Parking Association, limited (BPA) is a private members trade association, and it main reason to exist is to further the aims, and to support its members, ie the parking companies.
    It is not a regulatory authority by any stretch of the imagination.

    Also under the ADR regulations you should have 12 months to access an alternate dispute resolution service
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
This discussion has been closed.