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

nej123

I parked at Peel Street Car Park in York and mistakenly parked in an electric vehicle bay.  The only sign I noticed was immediately in front of the bay which I thought was a general sign regarding payment as it said ‘Pay on Exit’ at the top in very large letters and then had more information in smaller writing. This happened when I was visiting York for a few days last month.  Returning to my car on 8 August, I realised the space was for an electric vehicle.  I have since received 3 separate parking charges by post dated 6th, 7th and 8th August and each for £100.  I immediately appealed to Minster Baywatch as I did not feel the sign displayed was clear regarding it being an electric vehicle bay and that I also felt that it should not be possible for them to issue three parking charges for one offence as I technically only parked in the space once and that nothing on their signs said that parking charges would apply daily for any vehicle contraventions.  I would really welcome some advice please.

nej123

Sorry, should add that they rejected my appeals for all three charges

KeithP

With those three appeal rejections you will have received three PoPLA verification codes.

You now need to be referring to the third post of the NEWBIES thread where you will find guidance on how to compile winning PoPLA appeals.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Coupon-mad

What do you need to know that the POPLA section of the NEWBIES thread doesn't cover?  It's where the POPLA templates are.

Did you get photos of the sign, as evidence?

nej123

I now have a Court Claim against me from Minster Bay Watch via Gladstones totaling £402.54.  I have started the MCOL process to defend the claim and have drafted the following. Please let me know if this is a good response or if there's anything I need to go further with.  Thank you

I parked at Peel Street Car Park on the morning of 5 August 2020 at approximately 10.25 and left my car there whilst staying in York.  At approximately 12 midday on 8 August, I returned to my car and paid the £43.50 parking fee calculated by the machine using number plate recognition for the duration of my stay from the 5 to 8 August.   I then received via the post three separate parking charge notices from Minster Bay Watch (MBW) for breaching their stated contractual T & C’s with the reason being ‘Vehicle was not charging’.  I had not realised that I had used a bay that was meant for electric vehicle charging only.  The PCN’s were issued as follows:

PCN 1087421     Charge £100    Issued 11/08/20      Date of Contravention 06/08/20 

PCN 1087424     Charge £100    Issued 11/08/20      Date of Contravention 07/08/20

PCN 1086726     Charge £100    Issued 12/08/20      Date of Contravention 08/08/20

I appealed on all three charges to MBY stating that I had not realised that the bay was for electric vehicle charging only and that I felt they should not be able to duplicate the charge three times. 

The three appeals were each rejected on 27/08/20 by MBW. In the interim, between receiving the original PCN’s and appealing, I had tried to speak to someone at MBW, but they would not discuss the matter via phone and said I must use their appeal process.  I also spoke with both the landowner, Bransby Wilson, and also the person who deals with parking on the adjacent church land to try to resolve the matter and due to concern over the way in which MBW were operating enforcement of charges but again was told there was nothing they could do.  

Following the rejection of the appeals, on 28/08/20 I wrote to MBW stating ‘Thank you for the attached.  Looking at the information on the sign, it does not state that the penalty applies when incorrectly using an electric vehicle bay.  Using this bay was a genuine error on my part and being fined £300 for one parking contravention seems to be highly unfair - there is no mention on the sign (the 'contract') that fines are payable on a daily basis and therefore I would assume they should apply to the contravention itself which in my case would be one contravention and one fine since I only entered and parked once and that applying the same fine over and over is unjust on your part and appears to be a deliberate way for you to unfairly penalise customers.  I would be grateful for your response to this’. The response I received was that they would not reconsider these charges.

Feeling I had no choice, I paid PCN number 1087421 on 10/09/20, leaving the duplicate charges on PCN’s 1087424 and 1086726 and totaling £200 as unpaid.  These two unpaid charges were then increased by £55 each on 01/10/20 to include an additional ‘internal collections team charge’ by MBW – these figures, incidentally, are contrary to the information provided by the claimant on the Claim Form.  It is these amounts, plus interest, which have brought about this claim.

In paying the first PCN 1087421 charge of £100, I believe that I behaved in an appropriate way to settle any charge which may have been due on my part for breaching the T & C’s and that any further PCN’s issued for this same breach were issued incorrectly by MBW as the £100 parking charge stipulated in their T & C’s was not time specific or dependent on duration of parking and they are therefore duplicates of the same parking charge.

 

KeithP

What is the Issue Date on your County Court Claim Form?

nej123 said:

In paying the first PCN 1087421 charge of £100, I believe that I behaved in an appropriate way to settle any charge which may have been due on my part for breaching the T & C’s and that any further PCN’s issued for this same breach were issued incorrectly by MBW as the £100 parking charge stipulated in their T & C’s was not time specific or dependent on duration of parking and they are therefore duplicates of the same parking charge. 

I would suggest that, in paying the first charge, you have shown that you are an easy target and will be pursued relentlessly.

nej123

15 January 

KeithP

Have you filed an Acknowledgment of Service?
If so, when?

nej123

Yes - so 28 days from 20/1 to respond

KeithP

nej123 said:

15 January 

With a Claim Issue Date of 15th January, you had until Wednesday 3rd February to file an Acknowledgment of Service. Did you file an AoS by that date? 

If you filed an AoS in a timely manner, you have until 4pm on Wednesday 17th February 2021 to file your Defence.

That's just three days away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.