MB- Popla Rebut Ques

minster.sucks

Morn all,

Firstly many thanks to all who contribute to this forum, the time and effort people afford is magnificent. I am a long term user of MSE and the whole forum, but I have started a new account as my original username has name details which may highlight my case to the company in question, thanks CATFUNT

So far in this headache causing process: I have appealed to Minster Baywatch (MB) directly-declined, appealed to Popla using various templates here (I can post here if req'd), MB have now come back with there evidence that I have the 7 days to rebut (again I can post here as a pdf/dropbox link).

I have a couple of queries I'd like to run passed people, as I have had no joy searching the threads for them:

1) I dropped a slight clanger in my appeal to popla (fortunately MB have not commented on but still may be seen by popla adjudicator), my fine tooth comb was not as fine as I'd hoped!! Under my section for ANPR system reliability, where I had taken template writing and should have ammended the timings of entry and exit, I didn't! I'd highlighted them in red to remind myself before I submitted the appeal, however I overlooked actually changing the times!!
As I say MB have not commented in their evidence to the flaw, but I am wondering if it is worth me highlighting in my rebut or best left out?

2)The whole notice is regarding full payment not being made, as the person driving my vehicle paid for a tariff of parking but went over this period. In the evidence from MB to the popla appeal, they state that the contract was entered into by virtue of the fact a ticket was purchased, however the contract was contravened as no further payment was made to extend the period that the vehicle was actually parked there for. I deem this to be a very valid point and although I will still rebut the notice as I appreciate their values and ethos are wrong, wondered what peoples thoughts are on the above?

Thanks in advance for taking the time to respond.

Coupon-mad

As I say MB have not commented in their evidence to the flaw, but I am wondering if it is worth me highlighting in my rebut or best left out?

Ignore it, POPLA will not think that ANPR is flawed, anyway, so it's unimportant.

Re #2, you might struggle to win at POPLA, but if you lose, so what? Do not pay!

minster.sucks

Minster Baywatch have provided a licence agreement as part of their evidence to my popla appeal, it is signed by a 'chairman', I'm assuming that is the chairman of the cotswold waterpark trust who own the land. Anyhow this agreement was signed in Jan 2017, would others expect this document to be reviewed and signed each year? Would it be worth questioning in my rebuttal.

Thanks as always.

Coupon-mad

Yes, stating in comments that there is no proof that the contract continues 'into perpetuity' is always worth saying, as is questioning the identity of the signatory.

...and the dates of any signage photos, and the lack of aerial view showing the placing of the signs as opposed to where the car was parked...etc.

minster.sucks

Evening all, as my saga continues I have now received a Gladstones LBC, before prepping defence however I wanted to query a couple of things.

Firstly, at no point in the letter does it state I am required to complete AoS, it purely states "Please pay or reply within 30 days of the date of this letter. Any reply received outside of the 30 day period may not be considered as legal proceedings are likely to have been issued."
Should I AoS using MCOL as a matter of course, or should Gladstones be advising me of that in their correspondence?

Secondly, when it comes to defence I noticed in their original evidence pack at POPLA stage, they used an aerial google image and it did not have any markings on it highlighting where signs were located etc, Is that acceptable? In addition, they have adapted the image by adding a set of bushes in the centre of the car park, something that is not on the google image currently. Again is that acceptable to be editing supposed "site plans" or grounds to have the PCN quashed?

One other detail I have picked out from their original evidence, was in the listing of payments made. The list was in chronological order, however pretty much at a point in each hour the times were mismatched and erroneous. I highlighted it during POPLA rebuttal but to no advantage, is it worth pressing in the defence, if we go that far? ( I hoped I have explained that well enough, I can place an image here if that helps)

Thanks in adv.
M.S

KeithP

If you have only received a Letter Before Claim, why are you considering MCOL and Acknowledgement of Service?

Gladstones are right not to mention it at this stage.

You are getting ahead of yourself - you now need to be reading post #2 of the NEWBIES thread.

Whilst we're talking about getting ahead of oneself, you haven't yet told us your PoPLA appeal failed.

Which leads me to ask... have you perhaps received a Claim Form but not yet told us about that?

minster.sucks

KeithP My bad, I've read soo much this afternoon I forget my trail of thought!! The letter does state I can reply through 'PAP' but it says that I must create a login before completing the reply form, I was hesitant to create any kind of account with them through pure mistrust of them.

Also, yes sorry the POPLA was unsuccessful decided by Miss lawton. Should I publish this anywhere in the forum?

KeithP

minster.sucks wrote: »

I was hesitant to create any kind of account with them through pure mistrust of them.

Quite right too.

Please do read post #2 of the NEWBIES thread for guidance on how to deal with that LBC.

minster.sucks

#3156[/url] on the POPLA decisions thread (again I'm too new to link)

I thought I had published the decision, and no other claim forms received ;-) just the LBC

Coupon-mad

No-one here uses the reply forms.

Do you still have all the evidence that MB supplied to POPLA? Are you missing anything, any letters thrown away, or do you want to see some more photos if they only showed POPLA a couple?

If so then do what every other LBC poster does and send MB a SAR online (see their Privacy page for the Data Protection Officer's email or contact). State what you require to see by way of data.

And send Gs a holding letter (again like you see in every current LBC thread - read some going back a dozen pages or more for the past week or so).

PLEASE do not waste time on any longwinded template reply in the NEWBIES thread, I am about to remove those as LBC stage is a fairly pointless time for posturing, and IMHO it's generally better to seize the time to get a SAR direct from to PPC scammer, to see their hand.

KeithP

minster.sucks wrote: »

#3156[/url] on the POPLA decisions thread (again I'm too new to link)

I thought I had published the decision, and no other claim forms received ;-) just the LBC

OK. A word or two, or a link to the PoPLA decisions post, on this thread would've been good, but that's now all history.