Minster Baywatch

ezerscrooge

It has been a while since I last posted here. 

I'm helping my daughter with a PCN from Minster Baywatch at Grosvenor Casino Bolton.  The on site pay app did not take the payment.  Event occurred on 5th June.  PCN dated 12th June but did not arrive until 28th June (Sneaky way to squeeze the appeal time me thinks).

We are getting pictures of the signage when she next goes.  I've told her to get the casino to cancel, but previous posts have shown this is unlikely to even get a response.

There's not much on Minster Baywatch (other than the Brandsby Wilson bits) so we'll be heading down the usual template route in a week or so.

Is there a way I can find out when the DVLA released the keeper details? 

Any specific advice for Minster Baywatch, are they particularly litigious or easy to defeat at POPLA?

Umkomaas

Is there a way I can find out when the DVLA released the keeper details? 

Just ask them. 

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail.

Any specific advice for Minster Baywatch, are they particularly litigious or easy to defeat at POPLA?

The Bransby Wilson angle (and other signage points) can be an Achilles Heel for them. They can be mildly litigious - we see a small number of cases - but can be successfully defended if a claim comes along. You're a long way off that stage right now. 

I'm sure you're aware that your daughter (if she is the registered keeper) has to deal with this - although you can, of course, help with the spadework.

ezerscrooge

Thank you Umkomaas.  A google maps view shows the signage as Bransby Wilson - I've told her to get a picture of it.  I've seen a  successful POPLA appeal on that point that it is not clear who any contract is being formed with.  
Yes, I'm doing the spadework, she needs to learn a valuable lesson about these parasites and how to deal with them

ezerscrooge

Got some pics of paypoint signs, best one below.  Looks like Bransby Wilson are playing with wording.  Signage states 'Parking solutions provided by Bransby Wilson'  a little different to 'Site managed by...'.  The other usual Minster Baywatch signage scattered around site.



I'm drafting the POPLA Appeal as I'm certain the initial appeal to MB will be rejected. 

Even though they are playing with words, am I correct in thinking the motorist can only assume they are entering into a contract with BW and not MB given MB are not specifically mentioned on the paypoint signage where any contract is formed, other than the sign stating 'a parking charge will be issued by the designated enforcement company' and referring the motorist to other signs on site to find out who that may be?

I'll be parking this for now until I get the POPLA code and ready to share the appeal.

Thank you all.

Coupon-mad

I'd do a POPLA appeal only showing the BW sign, not the yellow one.

Is the PCN worded to be (paragraph 9 of sch4 of POFA) keeper liability compliant?

ezerscrooge

Thank you and noted CM.  It is PoFA compliant and is worded exactly like a posting you replied to in the recent past (Thruscross Res.) where the PoFA was confirmed.  They only thing is the NtK was dated 12th June for alleged breach on 5th June, but was not delivered until 28th June.  I know this will cut no ice with POPLA as it is assumed to be delivered 2 days after posting which they will claim was 12th June.  DVLA contacted to find out what date MB obtained keeper details.  

I'll come back as we head to the POPLA stage

Many thanks again

ezerscrooge

Just an update...
MB asked for evidence of fee payment or customer visit to the casino and would put charge on hold for 14 days then resume the appeal if nothing was provided.  Nothing was provided, the app did not take payment.

We were expecting a rejection letter and POPLA code, but MB have progressed direct to debt collection and demanding £155.

Naturally, a complaint will be going in demanding a POPLA code with the matter escalated to the BPA if they refuse.

Coupon-mad

We were expecting a rejection letter and POPLA code, but MB have progressed direct to debt collection and demanding £155.

Hopefully that will cause them to have to cancel the PCN. Please show us the £155 debt demand. Seems a random amount...

They only thing is the NtK was dated 12th June for alleged breach on 5th June, but was not delivered until 28th June.

Unless that was caused by the post, that is atrocious scammery. That denied you the discount, had you been minded to pay the PCN.

ezerscrooge

Thank you CM.  I will post the letter later when I can scan it in.

I have kicked off at Grosvenor Casinos.  A strongly worded email went to MB, the BPA and my MP.  MB refuse to engage via email unless it suits them, so a letter copy is being sent too.

POPLA appeal largely drafted and will post before sending.

Car1980

You have never entered into a contract with Minster Baywatch. The tariff board with payment machine, and Minster signs, are nowhere near each other.

The contract to pay is with Bransby Wilson Ltd and the payments go to Bransby Wilson Ltd. So any breach is with them, not a secondary company.

I parked here the other week. I paid Bransby Wilson on RingGo.

I'd do a SAR with the DVLA to find out who purchased your details. Minster could be in trouble here as I think they are unlawfully operating at this site. Bransby can issue PCNs and can nominate Minster as a creditor, in the same way as a factoring company, but Minster can't just step in and claim a contractual agreement with them.

ezerscrooge

Thank you, that's my understanding too from CMs comments, likely why Minster are avoiding going down the POPLA route.

Grosvenor responded this morning  asking for evidence of a visit to the Casino before they'll step in.  Needless to say it has been made very clear to them the antics of MB, that Grosvenor are the landowner and can instruct cancellation, and that the BPA and MP have already been tagged in.  The media will be next.  We have made a SAR to DVLA 6 weeks ago but it has been ignored and there has since been a follow-up to that.  They'll be getting both barrels very soon too with a formal complaint (with MP included).

Your Bransby Wilson receipt adds more concrete to who any contract is with - I thank you sincerely for that.  I will see if my daughter has a similar one of her own that i will include in any POPLA appeal.