Private parking notice sent to wrong address

Appelle

Hi,

I'm hoping someone can help me help my other half sort out an issue that we're having with Minster Baywatch and their shady tactics. Apologies as I don't have all the details right now, my partner will fill in the other peices of the puzzle.

They had mailed us a parking fee letter on the 30th August 2017, except it wasn't mailed to us it was mailed to a next door neighbor just as we were relocating to another city. This error was entirely on their part and they had no reason to have sent it to the incorrect address. We only went back to visit our neighbors to grab our mail and set up a redirect in December, as we had manually redirected all the important stuff.

I foolishly explained to my partner that it was their error and it wouldn't get taken to court; the redirected mail brought us a surprise that they were threatening her with court. She agreed to pay the fine which had been increased from £60 to £100, but now they have increased it to nearly £250. (I need her to collect all the letters for me and I'll provide much more detail later).

How is this possible and do they have a leg to stand on? If this were me, I'd personally fight this out of the principle of it but she can't handle the stress and wants this to end. I'll pay this for her but first I want to ensure that they can get away with this?

Thank you, fire me questions and I'll try and be as quick as possible

Coupon-mad

I'll pay this for her

No, you won't. That's not what we do here.

the redirected mail brought us a surprise that they were threatening her with court.

Normal. Gladstones solicitors? We deal with their claims all the time and posters here win.

Read the NEWBIES PLEASE READ THESE FAQS FIRST sticky thread, top of this forum. Post #2 of it deals with LBCCCs (letters before claim) and how to win a defended case, it's not a big deal. No CCJ is risked unless you miss replying to a court letter/miss a court direction, and even if a case is lost, they would normally pay under £200 because the sum is inflated/not fully recoverable.

First thing to do is the keeper writes, not talking about who was driving, but just telling them her new address for service of documents but also making the letter a SAR (Google it) asking for all information held, all photos taken, a picture of the signage terms they contend were contravened, their evidence as to who was driving, and copies of all letters sent.

Tell her to stop phoning them! Sounds like she rang up. No-one here does that!

If she's not able to handle this well, why not word the letter - which MUST come from her, signed by your wife - to also in fact state that ''the keeper of the car is Appelle'' (your name) at the new address (and no, I didn't say 'registered keeper', I said ''keeper'').

You can be the keeper, you would then be the person fighting this scam.

No-one here would pay this, so forget that idea. But she does need to get them writing to the correct address and I would seriously consider being the keeper, so you are the person defending the claim.

Did you know in 2017, this forum won hundreds of fully-coached defended cases, lost only two? A 99% win rate, and most were v Gladstones Solicitors, who would be involved here. Their claims are shockingly badly handled, very winnable by ordinary non-court-savvy people, just like you.

Appelle

Hi,

I've just found out she sent an email to Gladstones with the below:

I have reached a decision that I would rather just agree to pay the full amount (in instalments) rather than have this lingering on for the next few months as I do currently have a lot on my plate. I am wondering whether your client would agree to a payment plan of £20 per month, meaning that it would be paid off by the end of the year. I have a very busy time table at the current time and I would actually just prefer for this to be dealt with and out of my mind. If you client is willing to accept this payment plan then I will set up a direct debit immediately.

She also has an unfilled form, "notice of proposed allocation to the small claims track". As far as I'm concerned she's put herself in a position where there's no choice but to pay? I'm hoping there's either a way out of this, or the possibility of waiving the extra money they've tacked tacked on?

KeithP

If you do set up a payment plan, then make it a Standing Order.

With a Direct Debit you are asking the recipient to take money from your bank account as they wish. There are of course guarantees, but with some companies it's best to be in control.

With a Standing Order, the payer sends the amount specified and is in full control.
The payer must of course keep track and not continue payments beyond what is owed.

Coupon-mad

You said it was only at the pre-court letters stage:

the redirected mail brought us a surprise that they were threatening her with court. She agreed to pay the fine which had been increased from £60 to £100, but now they have increased it to nearly £250.

But now you are saying she has received a claim form and is much further into the process:

She also has an unfilled form, "notice of proposed allocation to the small claims track".

Did she keep a copy of what she put in the claim form documents? If she ticked that she 'owed' the money on that claim form, then she can't defend it now. What did she put? Did she keep a copy?

An awful mess and completely unnecessary rip off. Terrible outcome.

At least make a complaint jointly, to Sir Greg Knight and your MP:

https://forums.moneysavingexpert.com/discussion/5783303

This has got to stop.

Appelle

Coupon-mad wrote: »

Did she keep a copy of what she put in the claim form documents? If she ticked that she 'owed' the money on that claim form, then she can't defend it now. What did she put? Did she keep a copy?

An awful mess and completely unnecessary rip off. Terrible outcome.

I don't honestly know what she put, she's out at the moment and I'm trying to understand how it even got to this point. As far as I know she's acknowledged the fine and the excess fees.

Thanks for your help, unfortunately all this has taught her is to to pay the fines straight away!

Coupon-mad

unfortunately all this has taught her is to to pay the fines straight away!

Well no, that's the last thing to do. Have you not read anything on this forum?

It wasn't a fine, and was appealable, and could have been won at POPLA appeal stage. Paying NOTHING.

waamo

I suspect she may have entered some kind of half baked defence or possibly no defence at all.

Paying it is probably the best outcome, it’s to late for comprehensive advice on defending it now.

In future she should NOT pay them but come here and get advice on how to beat them.

Appelle

waamo wrote: »

I suspect she may have entered some kind of half baked defence or possibly no defence at all.

Paying it is probably the best outcome, it’s to late for comprehensive advice on defending it now.

Here's an email from Gladstones:

We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.



Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing



This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.



You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.

I feel dirty after reading this.

Coupon-mad

That's a standard letter everyone gets.

But what did she put in the defence, nothing? Begged for forgiveness, filled out the pointless income & expenditure section and said she 'owed' the money? Feel sick about how she was scammed.

All she needed to do was talk to you first and research it, defend it properly.

Even better, to have appealed as keeper and won at POPLA ages ago.