Minster Baywatch Charge

Seedubs

Hi, I have searched the forums and followed the advice, but I am not sure if I am wasting my time or not.


Background is that we visited a local country park late one evening (2045 hours), parked up went to a viewpoint, took a few pictures, got back in the car and left. I knew there were parking charges there, but I figured that it was late and empty that the charges were applicable during normal hours.


Anyhow, received a notification of a £100 charge from a company called Minster Baywatch with the usual notifications.


I followed your advice and stuck in an appeal (copied your example), although I could not argue the parking signs as when I returned to inspect them they appeared ok, I took pictures and looked around where I parked and there were plenty within parking distance. The only other sign which sort of contradicts the signs was a sign saying the park closed a various times, but the parking signs stated that parking charges were enforced 24/7. (I do have pics).


So, they have written back to me stating that the appeal was unsuccessful and that my car was observed at the location and no records can be found of any payment being made.


They have also stated that I can appeal to POPLA, but if I do so and I lose then I will have to pay the full amount of £100 rather than the £60.


What are the chances of the appeal succeeding? I know the amount is totally ridiculous for the 1 hour that I was parked there, but I have no evidence to the contrary? I would rather pay £60 now than £150 in 35 days time.

KeithP

Which country park?
Who owns the car park?

Coupon-mad

I followed your advice and stuck in an appeal (copied your example), although I could not argue the parking signs as when I returned to inspect them they appeared ok, I took pictures and looked around where I parked and there were plenty within parking distance.

Odd.

MB signs do not have the £100 in large lettering, yet you thought 'having signs up' is enough and removed the standard part everyone includes? Why? Don't do that at POPLA stage, stop pruning the usual winning words.

No-one has to go back and look at signage and EVERYONE includes the points about signage.

We win almost every POPLA appeal and we ignore PPCs if people lose, and usually there is no more action taken and the person just ignores the letters thereafer. If a PPC tries a small claim (can't be ignored of course) we see wins in 99%of cases...including where POPLA was lost...so yes, your chances are hugely high and NO-ONE here pays MB.

You have not shown us your draft POPLA appeal which is the only reason to start a new thread at this stage. No need to ask how to do POPLA as that's already covered in the NEWBIES thread post #3.

So when you have read that part of the NEWBIES thread, and searched for Minster Baywatch POPLA as keywords to find other examples, show us your own draft POPLA appeal.

System

When you appealed did you ask for a copy of the signs (i.e. the contract) and the layout of their installation at the car park.

Seems odd that anyone would appeal on the basis of a memory of what the signs might say and where they were placed. If you haven't done so ask now.

Coupon-mad

Might not arrive in time for POPLA though so crack on with that appeal too.

Seedubs

Sorry, when I say I could not argue the parking signs, I just did not include the pictures with the appeal, the appeal lettering, I simply copied and pasted into their online appeal page with my details (as owner).



It is owned by a wildlife trust, unfortunately I cannot post pictures of the signage, but it does show in large letters £100 charge.

Seedubs

Its Crickley Hill country park in Gloucester.

Coupon-mad

received a notification of a £100 charge from a company called Minster Baywatch with the usual notifications.

Did it arrive by day 15 and did it have a warning about the registered keeper or 'you' being liable if they do not have the name & address of the driver within 29 days of service?

Seedubs

It did arrive within the 15 days, it was addressed to me personally but the title said 'NOTICE TO KEEPER OR HIRE COMPANY'


It stated "A Parking Charge has been issued as your vehicle was involved in breaching the stated terms and conditions of use which were clearly displayed via signage and agreed to by the driver when your vehicle entered the stated location, specifically:


Parking fee covering visit duration was not paid in full

It then goes on to state that I have a number of options, including if I was not the driver, provide us with the full name of the driver of the vehicle along with their current address where a notice can be served, please note you are also required to pass this notice to the driver.


Then states after 29 days if the driver is unknown, I am responsible as the owner.

KeithP

Seedubs wrote: »

Then states after 29 days if the driver is unknown, I am responsible as the owner.

But 29 days from when?

What are the actual words?

Seedubs

It states "You are warned that if, after 29 days from the date given (which is pressumed to be the second working day after the Date Issued)" which would make it the 7 Aug 18.