Minster Baywatch Fine

Mossypne1

Hi all,

Firstly thanks in advance for any replies given, it's much appreciated.

Recently we parked on a carpark at a local park to take our dog for a walk. We have parked there many tines before.

On approaching the ticket machine we noticed it was out of order, and we couldn't get a valid ticket. Thankfully my other half had the foresight to take a photograph of the machine in case of this out come!

So, a week later we received a letter from Minster Baywatch asking for 100 pounds.

 We obviously contacted them, with the picture of the out of service machine, which clearly showed the date amd time, and thought that would be that....

Well I'm sure you've guessed it, they have sent an email back saying our reason for not paying is not valid and we still owe the money.

Any advice going forward? I really don't want to pay these people!

Cheers,

Martin

Fruitcake

It is not a fine.

Plan A is always a complaint to the landowner and your MP. 

Was the driver's identity revealed in the initial appeal? If not, was the NTK PoFA compliant? You can check this by comparing it with the PoFA wording. A link to the PoFA can be found in the NEWBIES.

Did you get a PoPLA code with the appeal rejection? If so, you should use it. Use all the appeal points available to you from the third post of the NEWBIES. Get photos of the site and signage in readiness.

Your appeal should include, but not be limited to: -

Not the landowner
No standing to issue charges in their own name. Pay particular attention to names on signs such as Bransby Wilson
Inadequate signage
Non-PoFA compliant NTK
BPA CoP failures
Anything else relevant

Half_way

Where is the "local" park?

Umkomaas

A ticket machine not working in a private car park gives no entitlement to park free of charge - please be aware of that for future reference. I don't think the broken P&D machine will help at POPLA (but there are more angles).  

Did your wife take photos of the signage on site?  That is very important in MB cases as often the signage shows the car park to be managed by Bransby Wilson and whom your contract would be with. Courts have found against MB in such circumstances. Can you get back easily to take such photos?

Coupon-mad

Mossypne1 said:

Hi all,
Recently we parked on a carpark at a local park to take our dog for a walk.

So, a week later we received a letter from Minster Baywatch

Certainly you won't he paying, so put that idea out of the equation.

We do need to see pics of the signs.

Also, please could you post a pic of the front & back of the NTK (the first letter, the PCN)?

Cover any QR codes, PCN ref, VRM, car images and your name/address but leave all dates readable.

mosspne51

Hi  all this is the notice and letter we recieved .any more advice ? Thanks Mary 

Umkomaas

There we go - 'The car park is managed by Bransby Wilson Parking Solutions'. Minster Baywatch are strangers to any purported contract the driver had with the car park management company (BW). 

There have been a few court cases reported here where this has been confirmed. Do a forum search to unearth them, then use information from relevant ones to work into your POPLA appeal. The NEWBIES FAQ Announcement, third post, explains, with template paragraphs, how to frame a successful POPLA appeal. 

Coupon-mad

And the Notice to Keeper please, front & back.  We weren't wanting the rejection letter.
As I said:

Also, please could you post a pic of the front & back of the NTK (the first letter, the PCN)?

mosspne51

Here is the 1st letter 

Coupon-mad

Thanks.  Looks 'POFA compliant' in wording so they can hold the keeper liable.

So do a POPLA appeal where the first point is the one raised by @Umkomaas

Search the forum for POPLA Bransby Wilson