Minister Baywatch - contacting landowner

gonzodriver

Hi there, I've read the Newbies Post and can't find an example matching mine so hope you don't mind this new thread.


EVENT: I stopped at the Riverside carpark in Lechdale for 12 minutes to check directions. After which I went on my merry way. A couple of weeks later a recieved a letter that used ANPR to get my details from DVLA and told me I needed to pay them £60 or £155 if delayed.

I foolishly appealed before checking the internet and named myself as the driver. Yikes. Read so many times that exactly what you shouldn't do...


LANDOWNER: Through some detective work I've found out the Landowner of the carpark is Cotswold Water Trust - a wildlife and conservation charity in the area. I've spoken to someone in their office and they advised writing a complaint to them. Though they did say they don't have jurisdiction that it's up to Minisiter Baywatch.



QUESTION: I'm wondering what the best course is? how should I approach Cotswold Water Trust? My weakness in this is I'm not a local member of the community.. I wasn't a patron at their grounds...So I'm not connected to them in anyway.

I don't live locally so I can't check signage to see if it was or wasn't very visible.



Any advice would be much appreciated.



Many thanks

System

they advised writing a complaint to them.

Do that and keep a copy.You may need it later

Though they did say they don't have jurisdiction that it's up to Minisiter Baywatch.

They do so get them to explain exactly why they say they don't. You may need it later

waamo

Always try getting the landowner to cancel that kills a ticket dead. Don't go into the whys and wherefores with them just politely ask them to cancel.

gonzodriver

I suppose that's what I'm asking - should I be asking politely to get them to cancel? or going in with a complaint?

System

Just explain that the driver decided not to take up the offer on the signs and left. Send them the details of the timings from MB and it should demonstrate you were not parked and did not take up any offer to park.

It's like going into a supermarket, not buying anything, then leaving. No contract formed so no breach of terms. (Source: Contract law for Dummies and Minster Baywatch)

gonzodriver

HELP I've now receieved a county court claim form. I'm happy to go to court but I'm not sure how to proceed..

Fruitcake

Follow the step by step guide to court written by bargepole you will find in post 2 of the NEWBIES.

The_Deep

told me I needed to pay them £60 or £155 if delayed.

They are trying to scam you, £100 is the maximum the law allows. Complain to their ATA, also to your MP.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

A charity has no place getting into bed with these scammers, ask H.M. Charity Commissions if this is acceptable behaviour for a charity

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

gonzodriver

the issue date is the 25th February and yes it looks like it came from the county court business centre in Northampton...

KeithP

gonzodriver wrote: »

the issue date is the 25th February and yes it looks like it came from the county court business centre in Northampton...

With a Claim Issue Date of 25th February, you have until Monday 18th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 1st April 2019 to file your Defence.

That's nearly four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.