Minster Baywatch/Bransby Wilson Parking Solutions

peterparker1984

Hi Everyone

 

I’ve been a lurker of the site for around a year, since I received a PCN after overstaying by around 40 minutes in an ANPR car park. Car Park is managed by Bransby Wilson.

 

After my POPLA appeal failed I knew I was in for a court case, I knew it would get exciting and to be honest was quite looking forward to the whole process.

 

I used the Template defence from this forum and read a hell of a lot of info in preparation for my inevitable day in court and I would like to thank everyone for it.

 

Unfortunately I got the allocation to my local court and found that I already had fairly un-cancellable plans. I went into the court to ask for the forms to apply for re-allocation but found that the costs to do so were not far off the full claim of ~240 quid.

 

At this point I will admit that I gave up and made the decision to continue with my plans and write off the money as an expensive lesson.

 

I didn’t provide any evidence, nor document packs to the court or claimant. So I do not recommend this course of action. Like I said, I had given up.

 

Either way, I arrived home to a letter from the courts. Success! Case was dismissed!

 

I have attached the letter I received with my info redacted. It appears that the Judge was not happy with Minster Baywatch working on behalf of Bransby Wilson.

 

Anyway, this post was just to say thanks to the forum and the help that even the lurkers like me are grateful for.

 

Any further questions feel free to ask away, I’ll do my best to answer.

 

Cheers.

Le_Kirk

Well done, if you haven't already, I suggest you pop out and buy a lottery ticket, that was a huge slice of luck getting a clued up judge (and probably a decent defence from you).  Great to see another Mister Baywatch/Bransby Wilson fall flat on its ................. parking space!

Umkomaas

Great result. Did you highlight in your Defence/Witness Statement the irregularity of interests between Claimant (MB) and contract holder (BW), or did the Judge pick this up him/herself (maybe from a previous case heard)?

Did you write to the court to explain your inability to attend?  You could have anctually asked for the case to be heard 'on the papers' (which evidently - or perhaps 'luckily' - it was). 

I think that maybe your absence (potentially 'unreasonable behaviour' if no prior apology) was cancelled out by the non-attendance of MB. 

Or ....... this Judge is wised-up to the abuse of the small claims court by the private parking sector. Whichever, the win is a win, and you've avoided a potentially large costs order!  Nice one. 👍

Coupon-mad

Thankyou!  And well done!

That's as good as a transcript for us.  Others in future, can use that written judgment from Norwich Court as an Exhibit for Minster Baywatch / Bransby cases.

We'll have to remember it...

B789

Coupon-mad said:

Thankyou!  And well done!

That's as good as a transcript for us.  Others in future, can use that written judgment from Norwich Court as an Exhibit for Minster Baywatch / Bransby cases.

We'll have to remember it...

Already DropBoxed:

https://www.dropbox.com/scl/fi/jjy35dber6h6sg6xxxims/bransby-Minster.pdf?rlkey=8etpbf8kzm55p6viof00esvhc&dl=0

OP definitely needs to buy a lottery ticket. Just abandoning the hearing and not submitting a WS and then not getting costs for unreasonable behaviour... 

Coupon-mad

Lovely.  Could you also screenshot and save to Dropbox the Gary Osner statement in ParkMaven's linked in? As per another thread today it's no longer on their website.

B789

Coupon-mad said:

Lovely.  Could you also screenshot and save to Dropbox the Gary Osner statement in ParkMaven's linked in? As per another thread today it's no longer on their website.

Do you mean this?:

https://www.dropbox.com/scl/fi/wrd3w4icox7xgyms5vst4/30-Gary-Osner-Q-A-Powered-by-ParkMaven-LinkedIn.pdf?rlkey=sx2xizedwmqrktiwnnene3wle&dl=0

Coupon-mad

Can you crop out the final page of utter drivel?!

B789

Coupon-mad said:

Can you crop out the final page of utter drivel?!

Done. I had to hold back a bit of vomit whilst reading that excessively saccharine interview and the luvvy-duvvy comments.   

peterparker1984

Cheers everyone. Lottery ticket purchased for this evening. 
I wasn't aware I could even get additional costs for 'unreasonable behaviour' if I didn't show up. I made an assumption that I would have just lost the case and had to pay the full claim. I'm even luckier than I originally thought!

I'm glad that my case is of some use for future cases. Its one of the reasons I scanned it all in. I am not sure if there is anything that needs to remain redacted now the case is over. Would it be more helpful to have my case number for quoting to future claims? Happy to provide if there is nothing I need to worry about. 

peterparker1984

Umkomaas said:

Great result. Did you highlight in your Defence/Witness Statement the irregularity of interests between Claimant (MB) and contract holder (BW), or did the Judge pick this up him/herself (maybe from a previous case heard)?

Did you write to the court to explain your inability to attend?  You could have anctually asked for the case to be heard 'on the papers' (which evidently - or perhaps 'luckily' - it was). 

I think that maybe your absence (potentially 'unreasonable behaviour' if no prior apology) was cancelled out by the non-attendance of MB. 

Or ....... this Judge is wised-up to the abuse of the small claims court by the private parking sector. Whichever, the win is a win, and you've avoided a potentially large costs order!  Nice one. 👍

You would have assumed that the judge wouldn't have used a defense that I didn't mention. But I have just re-read the defence I sent in and I can't see a mention of it. It might be worth an addition to the template if this is a common occurrence.  
He appears to hint that he used their own evidence against them. 
I'm almost tempted to send a letter of thanks to the judge!