Minster Baywatch - Gladstones parking fine

bonnie2024

I was wondering if anyone could advise please. My partner received a parking fine from Minster Baywatch in November 2021. We have now received a Solicitors letter from Gladstones sayin we owe £155 or go to court. We initially emailed Minster Baywatch to appeal as a letter notifying us of the fine wasn't received for over 30 days. The first letter we received was saying there was an issue with Royal Mail. Do Parking Charge Notices need to be issued within a certain amount of days of the offence? I understand there are a few posts on Minster Baywatch and Gladstones but my question revolves around the lateness of the fine. Thank you in advance.  

KeithP

Hello and welcome.

What exactly have you received?
Is it perhaps a Letter of Claim?

If that's so, then the first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

Now to your question...
The DVLA allows anyone to get vehicle keeper details from them for up to six months following an alleged parking event.
The parking company's trade association allows their members another month to get a Notice to Keeper to the keeper.

bonnie2024

KeithP said:

Hello and welcome.

What exactly have you received?
Is it perhaps a Letter of Claim?

If that's so, then the first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

Now to your question...
The DVLA allows anyone to get vehicle keeper details from them for up to six months following an alleged parking event.
The parking company's trade association allows their members another month to get a Notice to Keeper to the keeper.

Hi Keith, Thank you for the quick reply. In regards to the month to get notice to the keeper, is that from the date of the incident or when they have received the information from the DVLA? I will take a look at the other thread thank you 

Coupon-mad

You didn't get a fine.

Nor was it an offence.

The NEWBIES thread already says in the first post, that a PPC doesn't have to issue a PCN under POFA and it explains why not, and what that law is. The 14 days is probably irrelevant to you.

Only helps the Defendant if they weren't driving, anyway.  So not a biggie in most cases.  

Easy enough to defend well.  Here's one from just hours ago, already answered & the OP is ready to defend:

https://forums.moneysavingexpert.com/discussion/6471368/defending-imminent-minster-baywatch-court-case

KeithP

leejhonson23 said:

KeithP said:

Hello and welcome.

What exactly have you received?
Is it perhaps a Letter of Claim?

If that's so, then the first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

Now to your question...
The DVLA allows anyone to get vehicle keeper details from them for up to six months following an alleged parking event.
The parking company's trade association allows their members another month to get a Notice to Keeper to the keeper.

Hi Keith, Thank you for the quick reply. In regards to the month to get notice to the keeper, is that from the date of the incident or when they have received the information from the DVLA?

I did write that they have 'another month' after getting details from the DVLA to send a Notice to Keeper to the keeper.

I think you may be concentrating on the wrong thing.
Anyone can send anyone an invoice for an alleged debt anytime they like.

What about answers to my two questions?

bonnie2024

KeithP said:

leejhonson23 said:

KeithP said:

Hello and welcome.

What exactly have you received?
Is it perhaps a Letter of Claim?

If that's so, then the first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

Now to your question...
The DVLA allows anyone to get vehicle keeper details from them for up to six months following an alleged parking event.
The parking company's trade association allows their members another month to get a Notice to Keeper to the keeper.

Hi Keith, Thank you for the quick reply. In regards to the month to get notice to the keeper, is that from the date of the incident or when they have received the information from the DVLA?

I did write that they have 'another month' after getting details from the DVLA to send a Notice to Keeper to the keeper.

I think you may be concentrating on the wrong thing.
Anyone can send anyone an invoice for an alleged debt anytime they like.

What about answers to my two questions?

Hi Keith, Apologies, yes it is a letter before claim from Gladstones Solicitors. 

Coupon-mad

Search the forum for:

Gladstones LBC robust response

Umkomaas

leejhonson23 said:

KeithP said:

Hello and welcome.

What exactly have you received?
Is it perhaps a Letter of Claim?

If that's so, then the first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

Now to your question...
The DVLA allows anyone to get vehicle keeper details from them for up to six months following an alleged parking event.
The parking company's trade association allows their members another month to get a Notice to Keeper to the keeper.

Hi Keith, Thank you for the quick reply. In regards to the month to get notice to the keeper, is that from the date of the incident or when they have received the information from the DVLA? I will take a look at the other thread thank you 

Let's see a copy of the first letter you received from MinsterBaywatch. Redact any identifying data - your name, address, car's VRM, any MB reference numbers. Please leave all dates showing.  Both sides. 

But, I think you're looking for loopholes that really don't provide an easy 'out'. 

More relevant to the eventual outcome here is the signage on site. This is where so many MB cases are thwarted because the signs contract the driver to BransbyWilson, not MB. While they are part of the same business stable, they are quite different and separate legal entities. 

Go and take some readable photos of the signage, particularly seeking out those showing 'BransbyWilson'. Also do a forum search using MB and BW as search terms, clicking on 'Newest' not 'Best Match'. You'll find some recent court cases where judges have dismissed the claims for this very reason. 

bonnie2024

Umkomaas said:

leejhonson23 said:

KeithP said:

Hello and welcome.

What exactly have you received?
Is it perhaps a Letter of Claim?

If that's so, then the first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

Now to your question...
The DVLA allows anyone to get vehicle keeper details from them for up to six months following an alleged parking event.
The parking company's trade association allows their members another month to get a Notice to Keeper to the keeper.

Hi Keith, Thank you for the quick reply. In regards to the month to get notice to the keeper, is that from the date of the incident or when they have received the information from the DVLA? I will take a look at the other thread thank you 

Let's see a copy of the first letter you received from MinsterBaywatch. Redact any identifying data - your name, address, car's VRM, any MB reference numbers. Please leave all dates showing.  Both sides. 

But, I think you're looking for loopholes that really don't provide an easy 'out'. 

More relevant to the eventual outcome here is the signage on site. This is where so many MB cases are thwarted because the signs contract the driver to BransbyWilson, not MB. While they are part of the same business stable, they are quite different and separate legal entities. 

Go and take some readable photos of the signage, particularly seeking out those showing 'BransbyWilson'. Also do a forum search using MB and BW as search terms, clicking on 'Newest' not 'Best Match'. You'll find some recent court cases where judges have dismissed the claims for this very reason. 

Hi Umkomass, Thank you for the reply I have attached the first letter received. 

I agree I think I am focusing on the letter not being received within 30 days as they commented on a postal error so thought they may have to notify us within a certain timescale. I have had a google search of the area and found some signs there which do say Minster Baywatch. I will go up tonight though and look for myself. 

Umkomaas

Despite their pleadings and finger pointing at Royal Mail, the NtK is not PoFA compliant because of the delay in them sending and you receiving it. You could make a complaint to the BPA (use the complaints portal of their website) reporting that MB are misleading you, the registered keeper, that you have some liability in this. You do not, because of their failing.  Ask that the BPA investigate and report back to you within 10 days, because thereafter you intend to raise this misrepresentation with the DVLA and DLUHC.

Making the complaint(s) does not mean breathing space for you, you need to continue work on the other aspects of dealing with Gladstones correspondence.

See what others might suggest too. 

bonnie2024

Umkomaas said:

Despite their pleadings and finger pointing at Royal Mail, the NtK is not PoFA compliant because of the delay in them sending and you receiving it. You could make a complaint to the BPA (use the complaints portal of their website) reporting that MB are misleading you, the registered keeper, that you have some liability in this. You do not, because of their failing.  Ask that the BPA investigate and report back to you within 10 days, because thereafter you intend to raise this misrepresentation with the DVLA and DLUHC.

Making the complaint(s) does not mean breathing space for you, you need to continue work on the other aspects of dealing with Gladstones correspondence.

See what others might suggest too. 

Thank you I will try that.