Minster Baywatch Fine

Grea

I parked on a carpark on the Cotswold water park, I used the facility of paying by card, we don’t carry cash due to covid. I phoned the number on the payment machine and was met with a message unable to proceed. I dialled again, same message. I dialled the helpline customer care number, answer message, customer care office now closed (12.35 pm). I phoned to pay again, got through this time, they took my bank details etc to open an account, sent me an activation code which I entered but nothing happened. I had been on the phone now for nine minutes so couldn’t just drive away, I was trapped. I phoned again, same procedure they sent me a code, again nothing. I emailed using there email address, I’m on your car park, having difficulty paying can you help. Got reply, looking in to it. I waited and waited but nothing so we drove away to continue our journey. We were parked for 44 minutes 32 of these minutes were spent on the phone trying to pay. Next morning I wrote a letter, explaining the situation, included a cheque for full amount and posted it. Three days later, a reply to my email suggested downloading their app to see how to pay. This I did and found retrospective payments not accepted. Now I have a fine from Minster Baywatch for £60 rising to £100 if not paid in their timescale. 

D_P_Dance

 Now I have a fine from Minster Baywatch

It is not a fine.  It is aninvoice for compensation for an alleged breach of contract.    Please read the newbies and complain to your MP.   

Grea

Surely there was no contact if they were unable to offer the help from their helpline number.

D_P_Dance

Indeed,  read this,

https://en.wikipedia.org/wiki/Frustration_in_English_law

Coupon-mad

This one might even win at POPLA as you have the email and phone records evidence.  Even better if you can show proof (another car park payment minutes later?) that you drove away and parked elsewhere instead, which proves your point that their faulty system prevented you from paying.

Tell you what though, send your evidence first to Sara Roberts, Head of AOS at the BPA and ask if this is how they let their members treat people, and that you will use your case as evidence in the upcoming MHCLG Consultations as an example of spurious parking charges.  But you shared your story on MSE forum and were advised that the BPA might want to investigate first, given your evidence, particularly the useless email reply days later, when they should never have got your DVLA data and issued a PCN to that car.

Sara.r@britishparking.co.uk

And copy on your MP by name to the same email and make it obvious by addressing him/her as well, and saying you hope for full and robust MP support for what the MHCLG are trying to do to end rogue ticketing like this.

Grea

I have all my phone records, date, time and length of call plus emails and dates of reply. The help and advice I have received today has given me the confidence to fight this all the way.

Grea

As addition to my above reply. I did drive on to another location and paid £4.10p for parking, plus the previous day I paid £2.20 for parking both payments were by card.

Coupon-mad

Great, show all this to the BPA and especially ask Ms Roberts to look at the woeful lack of assistance and email reply days later, when they'd already rushed to harvest your data from the DVLA to penalise you for their own lack of service.

DontWorryBeHappy27

The recommendation in the newbies sticky thread is to  ask the Landowner which is Cotswold Lakes Trust if I understood your information correctly  to get the PCN cancelled  but get the POPLA appeal in on time though!

 I have a forum thread with Lakeside Car Park near South  Cerney active with Minster Baywatch as the Private Parking Company operating the Cotswold Lakes Trust Car Park.

You won't get a positive reply but you will provide more evidence to the Charity that their Annual Report that states that there are no significant parking issues with Bransby Wilson/ Minster Baywatch is incorrect. I hope to highlight the issues at the AGM as I am member at present of Cotswold Lakes Trust. 

Grea

Minster Baywatch accepted my appeal. Although I’m obviously delighted, I still feel angry that the charge was issued and unnecessary stress and worry was inflicted on myself. No apology for their failings or errors even a warning saying if it happens again etc etc. I would not have paid anyway, I would have taken this as far as I possibly could.

Grea

In addition to my above comment. The pay by card system was not working so the charge was issued incorrectly but Minster Baywatch say they are keeping my dvla information despite the charge being issued incorrectly. Is there any action I can take.