Advice needed - multiple parking charges by Minster Baywatch for parking in electric vehicle bay

nej123

Hopefully these are a little clearer

blackdog2220

i see said the blindman 

nej123

nej123 said:

Hopefully these are a little clearer

The very small print at the bottom of sign reads:

Minster Baywatch Ltd is authorised by the landowner to operate this private car park for and on its behalf. The parking terms and condions are set out within this noce (the “Parking Contract”). By parking, waing or otherwise remaining within this car park, you are entering into and are bound by the terms of the Parking Contract. This includes making the required payment and entering your vehicle registraon details via the payment and/or terminals. Failure to comply with these obligaons is a breach of the Parking Contract resulng in your requirement under the contract to pay a Parking Charge of £100 within 28 days. A reduced payment opon of £60 is available if a Parking Charge is paid within 14 days. If payment is not received within 28 days then addional costs may be incurred, including a cost of £55 in respect of debt recovery acon and/or court enforcement. Minster Baywatch Ltd may apply to the DVLA for the registered vehicle keeper details and issue a Parking Charge Noce to the registered keeper by post. Please also see the privacy informaon below. Privacy Informaon: When you use this car park, Minster Baywatch Ltd collects and processes certain data to ensure that you are complying with the terms and condions of the Parking Contract. We also use this data to fulfil our contractual obligaons with the landowner in respect of car park management and enforcement and to protect legimate interests as follows: The data we collect comprises images of vehicles using the car park and/or the Vehicle Registraon mark. This is collected via Automac Number Plate Recognion cameras and/or warden patrols on-site, as well as via payment machines or terminals; Minster Baywatch Ltd may apply to the DVLA for the registered vehicle keeper details and to support the processes stated above, data may also be shared with third pares including but not restricted to our trade associaon, the independent appeals service, our Payment Processor, Collecon Agents and Solicitors; Data may be shared with our suppliers that facilitate payment and services for parking and also with companies that analyse car park use informaon in order to understand consumer behaviour and improve our car parking service to you; Data may also be shared with police and security organisaons in order to prevent or detect crime. Your Privacy Rights: When collecng the data specified above, Minster Baywatch Ltd is the Data Controller and can be contacted by telephoning 01904 61 22 77. Once you become a Data Subject, you have rights regarding the informaon we hold about you which enables you to request us to: Inform you how and why it is processed; give you Access; Recfy incorrect informaon; Delete your informaon; Transfer a copy to a third party; Object to our processing or Restrict our use. Data protecon law requires us to verify your identy before providing informaon and if we do not agree with your request we must provide you with our reasons. You also have the right to complain to the Informaon Commissioner’s Office at www.ICO.org.uk. Further Informaon: To view our Privacy Policy, please visit our website at www.minsterbaywatch.co.uk/privacy-policy. Alternavely, you can hear it or make an enquiry by telephoning 01904 61 22 77 or you can email us at privacy@minsterbaywatch.co.uk

blackdog2220

great stuff , ask a child to extract that from your brownie , and press on with the dvla 

nej123

blackdog2220 said:

great stuff , ask a child to extract that from your brownie , and press on with the dvla 

Not sure that I will have time now for DVLA to respond if my defence needs to be sent by this weds? would I need this info to include in my defence at this stage?

blackdog2220

the dvla will reply by snail mail , it is never to late , right upto the fat lady singing 

Umkomaas

nej123 said:

blackdog2220 said:

great stuff , ask a child to extract that from your brownie , and press on with the dvla 

Not sure that I will have time now for DVLA to respond if my defence needs to be sent by this weds? would I need this info to include in my defence at this stage?

But you will need it for your Witness Statement. Crack on!

nej123

It seems to be a mine field as to the steps in making a defence. I will enquire using SAR with DVLA. In the meantime, what should be my main point of argument regarding the multiple and duplicate charges they’ve issued - can I argue that if there were a breach, the charge was settled via payment of the first pcn since their signage was not time or duration specific in relation to enforcement of parking charge notices

D_P_Dance

IMO those T&C are  far too wordy to park ones car for a few minutes, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Also, a judge earlier this year made these comments

"This signage contains a huge amount of wording, in varying fonts. There are

between 650 ta 700 words, by my rough count. it's well known that the average
reading speed of most adults is aground 200 to 250 words per minute. On the basis
however that this is reading a sign and there are many technical words, it would
probably take an average reader about 3 to 4 minutes to read everything on the
sign. The key part however is found be found some 140 words into the text. It is in the
middle of the sign and it says this, in capitals, then below it is a lower sized font
referring to the £100:"   DJ Harvey

nosferatu1001

Well, you have the template defence. Why are you not using that? 
You add an additional point to THE SIGNAGE section that states the signage does not make any condition of the parking charge applying every day or part thereof, and so only one parking charge could be payable. Thats all you need
You know no evidence gets sent with a defence
While the DVLA SAR info may be helpful, given they know the drivers identity it doesnt help for a POFA argument, and I would be shocked if the  court gives two hoots about them breaking a contract with the DVLA