Minster baywatch

Blossoms17

Hi,
Having recently moved to York and changed address, the previous parking notices were not received from this company. However, the company seem to think a court claim is the way forward for the vehicle being parked for approx 12-15 mins in the car park whilst the driver looked for a method of payment then promptly drove away as they realised they had not got any change or cards on them.. Is it even legal for the company to do this for a stay of under 20 mins?
Thanks for the help but having read all the information on the newbies thread but I I don't have any previous correspondence and this court claim from gladstones is the first I've heard. I'm totally shocked by it. What do I need to do?

Umkomaas

I'm totally shocked by it. What do I need to do?

You need to deal with it - see the NEWBIES FAQ sticky, post #2 which you will need to use as your guide to help you plot your way through this.

Does the court document detail all the Particulars of Claim (PoC), or does it say words to the effect that full PoC will follow within 14 days?

Have you updated your new address details yet with the DVLA? You need to send 2 separate notifications, 1 for your vehicle’s V5C (logbook) and 1 for your driver’s licence (failure to do the latter can cost you a real fine of up to £1,000).

Do you know how Gladstones accessed your new details?

If you’ve received no other details, it may be a position you take with the court that as this is the first you have been made aware of any issue with MB, that the court orders the case be wound back so that you can utilise the parking industry’s Alternative Dispute Resolution - POPLA - where the case can be resolved without the need to involve the court.

But the above will come a little later in the process, others with legal experience will advice on when to play this card.

Blossoms17

Hi again,
I don't have a permanent address at the moment as I'm living in halls at the university so have a correspondence address at the moment. However, the documents were not forwarded on to me, this document was opened by accident as the person thought it was for her (she's currently fighting a hospital parking fine as she's a midwife.) she has sent it electronically. Therefore I'm not sure I can go from that angle as I should have accessed the mail. My argument is that 10 mins is surely not sufficient time to accrue a parking fine is it? It has details in the document such as I was the driver of the vehicle, although they have no proof of this. What will happen if I just ignore it? I really haven't got time to deal with it as I'm working and studying with deadlines and exams looming and the thread you mentioned doesn't really give me any answers to this other than fight it. But how??

Quentin

The Newbies thread comprehensively covers court claims from receipt right through to the hearing

Take some time to read through #2 there

Blossoms17

Thanks, I have read through it but don't have any documentation at present and have no idea how to defend this claim. So looks like it's payment or CcJ. Can't understand how this whole thing works I'm afraid.

Quentin

Presumably you have the claim documents from Court??

Blossoms17

Photographed Copies sent to me last night at present

nosferatu1001

Then you have an idea how to defend!

Seriously, you have NOT read ALL of post 2, because that leads you step by step through a few defences.

Acknowledge the claim ONLY ONCE YOU HAVE THE PARTICULARS OF CLAIM. If they do NOT arrive within 14 days of the date of service on the claim form, then they are late and out of time.

Blossoms17

Sorry, I don't understand any of this, I've written to Minster baywatch and they have forwarded the documents by email, I've been onto the court website to acknowledge as I was sent the photographs last night. What do I do now? I've also sent a defence template, can I retract anything at this stage? I'm really just getting all sorts of conflicting advice. I've been told to complete an N1 form ASAP but haven't got this yet. What's my defence and who do I send this to? The particulars are written on the court claim form. This states that 'the driver of the vehicle reg ..... the defendant was driving the vehicle (how do they know this?) I have had no contact with them until today.

Redx

the correct procedure if the POC are on the claim form was to do the AOS online ONLY

at this moment in time NO DEFENCE TEMPLATE should be provided

if you have already sent the defence in then you need to phone them up and get it cancelled if at all possible

the NEWBIES FAQ sticky thread explains what you have to do and when

the BARGEPOLE linked post tells you the timeline and what happnes and when
that BARGEPOLE linked post has been there for over 14 months , never moved

nobody expects you to be up to speed on this, its a complicated subject, which you will need to get your head around because nobody will do it for you

and just to confirm for you , the accepted waiting time is typically 10 minutes or less , and YES the PPC can take people like you to court

they are assuming the keeper and driver are one and the same person, which can and does happen

I agree that you have a lot to learn , we all do and I have been driving over forty years yet have only learned about this subject over the last 5 years. rome wasnt built in a day !!

if you stick to this thread and this forum ONLY, you will not be getting conflicting advice, you will get free and accurate advice only

now please confirm the following

1) you have done the AOS online on the MCOL site ?

2) that you have NOT sent in a defence yet ?

3) that you have studied the NEWBIES FAQ sticky thread post #2 ?

4) that you have read the BARGEPOLE post explaining the process ?

Blossoms17

Ok, I've looked at the thread but as I said, my confusion is not allowing me to see the relevant sections and our have mentioned. I have done the AOS ad sent an email to restrict my defence form. Apparently there isn't an N1 attached to the court claimits an N9a. I will look at those threads you mention. Thanks for your help with this, it's such a minefield!