Unfair extra charges.

Stillearning

Hi, I inadvertently pulled into a council owned country park to answer my phone. Unfortunately it was a pay and display - something I didn’t know until I received a ‘Demand For Payment Of Unpaid Charge’ notice from Minster Baywatch after the 28 day grace had passed. 

This converted a £60.00 penalty, which I agree I should pay and would have promptly had I known about it, to £155.00.
I sent a letter to Minster Baywatch pointing out I had not been notified in time, and therefore would not pay the additional charge, along with a cheque for £60.00. They returned my cheque, said they could find nothing wrong with the post and are unable to reset any charges.

Should I appeal to the Council about the unfair extra charges?

I sent another letter to Minster Baywatch stating again I received no previous correspondence from them and that I refuse to pay the additional charges but the £60.00 cheque is here to resend.

Can anyone help with where I stand and what to do next?

Thanks, in anticipation.

Redx

At the moment the alleged bill is the full PCN of £100 ( not £60 , not a Penalty either )

The time to argue against the extra charges is in court , to a judge

I doubt that it's a council car park , are you sure it's not a charity ? Name the car park 

Search this forum for similar cases with MB because we have seen a few similar cases this year

If the time to appeal has passed , then there is little to be done apart from complaining about it to the landowner or charity ( I don't think that complaining to any council will help )

Stillearning

Thanks Redx,

The park is Cotswold Riverside Park Car Park GL7 3AQ (Lechlade). I assumed it’s owned by Cotswold Coumcil.

The demand says I ignored their ‘encouragement’ to pay, “both the initial lower amount of £60.00 which was valid for 14 days from the date of the aforementioned letter and then the higher amount of £100.00 which was valid for a further 14 days, giving 28 days in which to satisfy the notice”. So if I’d been notified as I should have, it would only be £60.00.

I won’t pay the additional charges on principal. I’m guessing, but seems an easy scam to just send out a demand after the 28 days to up charges.

I’m willing to argue it out in court - any idea of the chances of winning?

Coupon-mad

This converted a £60.00 penalty, which I agree I should pay and would have...

May we ask why you think this?

It’s not a penalty or fine and no-one here would pay that ex clamper bunch of chancers!  Clearly their signs are not clear and prominent enough.

Stop thinking that a scam operation is something you have to pay.  Also, next time your phone rings when driving, either don’t answer it or just pull over on street.

You can safely stop to take a call anywhere except on a red route / Clearway or where double yellows also have yellow kerb blips.  Obviously not bus stop/ taxi rank, disabled bay, loading bay, but anywhere else even on yellow lines or temporarily stopping in a permit bay.

You will not get a ticket on street.  I really wish driving instructors would teach people that they don’t need a car park to stop.

Redx

You must never assume , and never ask for advice based on assumptions , if you don't know , say so , and don't complain to parties who are not involved , like the council. If in doubt. , Check ! ( It's Cotswold Lakes Trust actually , after a quick Google search )

https://cotswoldlakestrust.org/our-sites/

As for the PCN , it was ALWAYS £100 , it still is £100 , it was never £60 !

They did offer you ( or the driver ) the standard discount rate of £60 for early payment , as defined in the BPA CoP , so £60 was an offer to settle quickly , then withdrawn after 14 days

You really need to dig deeper into the fine details of the sc*m , like we have done for over 8 years !

The £100 daily default tariff has been in place for a decade , also mentioned in th BPA CoP , nothing will change until next summer in 2022 , not retrospective either

It's a parking charge notice , not a penalty , not a fine

I suggest that you didn't read the signs , maybe they are not prominent , but you are a fish on the hook , wondering how it happened , whilst the angler is reeling you for breakfast by using proper bait and tools and know-how and experience , whilst you flounder like a real fish , capiche ??

Read this TripAdvisor 

https://www.tripadvisor.co.uk/Attraction_Review-g1047001-d7931671-Reviews-Lechlade_Riverside_Park-Lechlade_Cotswolds_England.html

Bad reviews going back years on parkopedia and Google search too

https://en.parkopedia.co.uk/parking/carpark/riverside/gl7/lechlade/?arriving=202109061530&leaving=202109061730

Stillearning

Tanks Coupon-mad,

I did pull off the roads don’t it is a car park. It’s a car park with a roadside entrance/exit and a long track down to the parking area. My mistake was thinking I wouldn’t incur charges until I reached the parking area. Apparently the camera is right at the roadside so there is photos of me arriving and leaving - no dispute there.

however, the time stamps show a stay of 18 mins. I was there no longer than 5 mins.

Redx

Stillearning said:

Tanks Coupon-mad,

I did pull off the roads don’t it is a car park. It’s a car park with a roadside entrance/exit and a long track down to the parking area. My mistake was thinking I wouldn’t incur charges until I reached the parking area. Apparently the camera is right at the roadside so there is photos of me arriving and leaving - no dispute there.

however, the time stamps show a stay of 18 mins. I was there no longer than 5 mins.

Then you need evidence of that to prove it to dispute their evidence

Dashcam footage , your phone location records , etc , something that proves 5 minutes on site

Of course the anpr camera is at the entrance/ exit , they always are

Cotswold Lakes Trust is the landowner or managing agent

D_P_Dance

JHave you read the newbies?  Have you complained yo yoir MP?

Stillearning

Thanks Redx,

They didn’t offer me the reduced discount rate because I never received their so called ‘encouragement’ - A letter?

And it’s difficult to know what you don’t know - what I don’t know would fill all the hard drives in the world.

Redx

That is why we have a newbies FAQ sticky thread near the top of the forum in announcements , to ascertain the basics facts

Plus if you don't know who owns the site , then don't say it's the council , say that you don't know , do not assume anything at all !! Work on the basis of no assumptions whatsoever , like I did

I didn't know either , but Unlike you , I googled it and found out in less than 5 minutes

Cameras do tend to be placed at entrances and exits to anything being monitored , so it is safe to assume that they will be placed there , if any assumptions are made

Minster Baywatch are monitoring time on site , from entrance time to exit time , like most companies , so difficult to disprove their cameras without alternative evidence of your own

They also don't monitor council property , council's have their own CEO s for that

The typical response we see is the ubiquitous 5 minutes , just like most intoxicated drivers own up to a couple of beers , but the cameras or intoxyliser usually prove different

Was a windscreen notice to driver issued ? Especially if no postal NTK PCN arrived ?? If the postal notice failed to arrive , ask yourself why ??

Is the V5C up to Date. ? Get it out and check the name and address are correct

The answer to the original question in the first post is

No , do not appeal or complain to the council

Stillearning

Thanks again Redx,

More things I don’t know. What is and where is “newbies FAQ stick thread near the top of the forum in announcements”

I did try to google it but unlike you, I am not a wiz with computers so failed.

No windscreen notice was issued, I saw nobody and was only there 5 mins.

I have asked myself why I didn’t receive a NTK PCN through the post - failure to post, failure to deliver or a scam? Other than that I have no idea.

The V5 document is up to date - they got a demand to my address after the 28 period had passed OK.

It’s useful to know MB don’t Council properties.