Ministers baywatch parking charge appeal rejected - Huddersfield leisure centre

Pinksoh

Hi,

I am wanting some advice on a parking charge I received by ministers baywatch- for parking at the Huddersfield leisure centre to go to the JD gyms.

I would like to preface this by mentioning that this seems to be a major issue with the parking firm and Gym after googling about it. 

I was given two charges within the same week- I have managed to appeal one which was the first one but I have been unable to appeal the second charge the website won’t allow it nor will they take the appeal over phone.

I received the charge after parking to go to the gym- used the iPad to put my number plate and went about my day.

I managed to get JD gyms to give me proof of my membership and my ‘clocking in and out’ times and was told that should be enough.

My appeal has been rejected-

Site: Huddersfield, Leisure Complex Issue date: 01/12/2023

POPLA Code: 

25/01/2024

Further to your appeal received on 21/01/2024 regarding the above charge, we note your comments; however, when this charge was issued this vehicle was in contravention of the agreed terms and conditions for all users of this site.

Your appeal has been reviewed along with all evidence gathered at the time of the breach of the site rules.

Further to the points raised within your appeal, we can see from the evidence provided that you were a user of JD Gym on the date in question. Upon reviewing our authorised user list for this date, we cannot find any vehicle entries associated with your vehicle on the iPad terminals. We have checked for any human errors that may have occurred during the entry process, however there is nothing remotely similar to your vehicle registration.

For the above reasons, we are unable to accept your appeal. However, following the evidence you have provided and this being your first parking charge, we would be willing to accept a discounted rate of £20.00 as a gesture of goodwill if paid within 14 days.

We are therefore unable to cancel the charge as it was issued correctly. You have now reached the end of our internal appeals procedure and must choose to do one of the following: Pay the charge at the prevailing rate of £20.00 within 14 days. Please note that after this time the discounted rate will no longer apply and the Charge will rise to £100.00.

You can submit a further appeal to the Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA code provided above, any appeal to POPLA must be made within 28 days. Please note that where a charge has been issued in Scotland or Northern Ireland, only the driver may appeal to POPLA. If you appeal to POPLA and you withdraw your appeal or your appeal is rejected, the

MINSTER BAYWATCH LIMITED

P.O. Box 731 York YO31 7WP Website: www.minsterbaywatch.co.uk

Registered Address Minster Baywatch Ltd Popeshead Court Offices, Peter Lane, York YO1 8SU Registered in England and Wales, Company Registration Number 07517434

 

option to pay at the discounted amount of £20.00 will no longer apply and the full amount of £100.00 will be due. Further details on how to appeal to POPLA can be found on their website, www.popla.co.uk.

If you choose to do nothing, after 35 days we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provide an alternative dispute resolution service that would be competent to deal with your appeal.

However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

To support our eligibility to pursue this Parking Charge Notice, we would like to draw your attention to the fact that on 4th November 2015 there was a landmark Court decision that saw a motorist challenge a Parking Charge Notice through the Court system of England and Wales with the final appeal to the Supreme Court.

Where, in a final decision made by the Supreme Court Judges, a Judgement was handed down supporting the view that a parking charge should be viewed as an effective deterrent. The judgment confirmed the parking charge was lawful and motorists parking on private land must comply with the advertised terms and conditions. Further information regarding this judgement can be found at www.supremecourt.uk/cases/uksc-2015-0116.html

Annoyingly- The gym does not have cctv footage covering the iPad so no proof there to show that I did put my number plate in the iPad.

Both charges are for the same issue but like mentioned above I could only appeal one- reckon I should ask them to reduce the second charge to £20 and just pay up £40 not really sure what else I can do to fight it.

callumtaitch28

let me know if you get anywhere with this please.  i'm in exactly the same position.  was using a leisure centre, forgot to input car reg details or inputted in correctly for using the car park.  received a fine, appealed and has been reduced to £20.  i haven't paid and now it with 'debt recovery' wanting £170.  not sure what to do... 

Coupon-mad

Just ignore them. Either pay £20 or preferably totally ignore them both. You'd win in court.

Now, each time you go to the gym, FILM YOURSELF PUTTING IN THE VRM AND THE CONFIRMATION PAGE DISPLAYED.

We bet this will happen again & again. You will then have evidence of a faulty system to defend all PCNs if they try a claim.

ALSO:

- please take several photos NOW of the Minster Baywatch signs and show us. There may be easy grounds worth appealing to the somewhat incompetent POPLA. 

- please show us both sides of the PCNs.  All dates showing. Cover PCN refs, car images & your VRM and personal data.

Pinksoh

I have attached a picture of one of the charges- I do not have the original letters just the ones demanding payment.

I have actually moved gyms to another town due to this issue- I can go back to the car park and see what the signs say.

I have googled *which I believe with a pinch of salt* and it states that incorrect VRN’s will no longer be allowed when appealing a parking charge unsure if this was ever put into action. 

callumtaitch28

@Coupon-mad i'm in the exact same position as above,  i either forgot to enter the details into the system / or entered incorrectly.  best to ignore the letters? 

Coupon-mad

I have attached a picture of one of the charges- I do not have the original letters just the ones demanding payment

That doesn't help. We need to see the NTKs.

Coupon-mad

callumtaitch28 said:

@Coupon-mad i'm in the exact same position as above,  i either forgot to enter the details into the system / or entered incorrectly.  best to ignore the letters? 

Yes if at debt demand stage.

No if at PCN stage.

Read the NEWBIES thread.  Plan A is ALWAYS the first step.  No replies here please, as this isn't your thread.