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Minster Baywatch - No windscreen PCN, No postal notice - straight to payment demand? residents spot

24

Comments

  • Guys_Dad wrote: »
    Is it your car? If not, do nothing for now.

    If you were neither driver nor keeper, you can't be liable for anything. Let them waste months with threatening letters and debt collectors and wait until the case is over 3 months old. By that time, they can't even chase the keeper !!!

    I'm keeper, not clear how they got my details however. Probably as suggested above by Umkomaas.
  • Mr_Stroopwafel
    Mr_Stroopwafel Posts: 118 Forumite
    edited 4 June 2018 at 12:02PM
    These jokers are now saying it is too late to use their appeal service, presumably based on their made up dates and these letters that have never been sent.

    I have a strong suspicion there is another ongoing claim from my address that is affecting this one.

    As mentioned the dates do not tally up with the sequence of their reference number...almost as if that claim has prompted them to make this one up and say they sent letters.

    What is the best course of action now?
    I have written to Management agent, asking them to cancel, holding them responsible for my costs as they appointed a bunch of ex-clamping clowns to harass residents and for what it is worth written to my M.P. too.

    Can I still get a Popla code out of them at this stage?

    Or is time to ignore or LBC them?
  • Umkomaas
    Umkomaas Posts: 44,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can I still get a Popla code out of them at this stage?
    If they won't give you one, the answer to your direct question is, 'No'. That's why you need to involve the BPA. See if they can untangle all of this.
    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.

    #Private Parking Firms - Killing the High Street
  • Saying to the BPA, I have never received any of these previous letters they claim to have sent?
    Just explain the whole scenario to them?
  • Umkomaas
    Umkomaas Posts: 44,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Saying to the BPA, I have never received any of these previous letters they claim to have sent?
    Just explain the whole scenario to them?

    Yes, lay it out in some semblance of order/timeline. Explain the issues, send them copies of any correspondence you sent and received. Be careful not to inadvertently identify the driver, as, inevitably, your correspondence with the BPA will be copied to MBW for their version of events.
    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.

    #Private Parking Firms - Killing the High Street
  • Thanks, I seem to remember there being another email address that was more specific than just !!!8220;info at britishparking.co.uk!!!8221;. Could you remind me what this was please?
  • Umkomaas
    Umkomaas Posts: 44,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks, I seem to remember there being another email address that was more specific than just !!!8220;info at britishparking.co.uk!!!8221;. Could you remind me what this was please?

    Relevant email addresses are in the NEWBIES FAQ sticky, post #5.

    Please switch off your 'Smart Punctuation' on your iPhone/iPad to avoid the littering of your posts with !!!!8220; and the like, as every apostrophe and some other punctuations convert to exclamation marks and numbers.

    Go to 'Settings' > 'General' > 'Keyboard' > 'Smart Punctuation' and flick the switch off.

    Switching off seems to have no detrimental affect on any other use of the keyboard.
    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.

    #Private Parking Firms - Killing the High Street
  • Mr_Stroopwafel
    Mr_Stroopwafel Posts: 118 Forumite
    edited 4 June 2018 at 9:33PM
    First draft of letter to BPA:



    Dear BPA,


    I am writing to you to report the conduct of your member MBW, regarding PCN XXXX



    Note that the driver is not disclosed, I am writing as the keeper of the Vehicle VRN:



    I have recently received a letter demanding an unpaid charge from your member Minster Baywatch.


    This is the first correspondence has been received to me as keeper and no Notice to Driver was ever issued.



    (SOMETHING ABOUT DVLA???)



    I therefore believe your member is falsely claiming to have recently written to me regarding Charge number 00000000.

    Please see the dates below for clarification:
    XX Date of "Contravention" according to Minster Baywatch
    XX Date of issue by Minster Baywatch
    XX Letter demanding payment from XXXX for

    They are now claiming that this is beyond the date to appeal to POPLA which is XX.


    However, since I have only been made aware of this invented "charge" via the letter to me dated XXX, this means Minster Baywatch are attempting stop me using POPLA.


    Therefore I am requesting that you instruct them to cancel this charge and cease all demands for payment, or issue me a POPLA number to use this service.


    Yours XXX
    XXX
  • Coupon-mad
    Coupon-mad Posts: 162,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There is nothing in the letter about POFA 2012 or keeper liability.
    The closest thing to that is saying "You are liable for this charge..." but no mention of POFA.
    I would be complaining about the above misleading sentence, as well.

    Saying ''you are liable'' in a case when a NTK (received or not) was supposedly dated/sent too late, is a serious breach of the code of practice.

    You must attach the letter for them to see the offending wording and dates.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BPA decided MBW had sent the required NtK and had proof, but haven't shown it to me. I will ask this.

    On the positive side I now have a POPLA code but would rather take it beyond them and go on the offensive. Tired of their nonsense!
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