Minster Baywatch/Gladstones Solicitors Call - 4 years later

richardc1983

Hi everyone,

I wanted to ask for some advice please. 

Back in October 2020, I received a Parking Charge Notice (PCN) from Minster Baywatch for allegedly not paying for the full parking period at one of their sites. I was a regular user of this car park and had always paid via the RingGo app — I attached previous payment receipts in my appeal to demonstrate this, and that I would not intentionally try to abuse their service.

On this occasion, I used the app to add an extra hour, but due to what I believe was a technical fault, the app didn’t register the additional payment even though it confirmed it at the time. I obtained a log from RingGo and you can see a log of multiple attempts to check the price during the visit, as well as for the first hour — which clearly shows I was trying to pay correctly. The operator, however, denies there was any issue with the app and that I should have rang them if there was any doubts or paid another way. 

After receiving the PCN, I retrospectively paid for the extra hour that hadn’t gone through. The operator then refunded this payment later and said it wasn't valid as I didn't use the carpark on the I retrospectively paid. 

At the time, I was recovering from major spinal surgery and dealing with the terminal illness of my father-in-law, so this situation caused me additional stress and upset. 

POPLA later confirmed my appeal was unsuccessful, accepting the operator’s evidence, including ANPR images showing my vehicle stayed longer than the paid period, and deemed the signage and contract terms sufficient.

I also raised a formal complaint via my MP, explaining the technical fault and providing evidence of my history as a customer. Despite this, the parking company maintained their position. My MP also sided with me and believed it to be heavy handed. They gave more information to my MP about the situation than they did myself. 

I wrote a letter of frustration of contract and complaint to Minster Baywatch and received a response that said: 

"We can see that you re-entered the app on 13 Oct at 13.04 and checked the cost, however did not purchase another session to complete the cost of your stay. Unfortunately, we cannot accept this as a proof of payment and therefore we can confirm that this matter is now closed. Please note we will no enter into further correspondence with regards to this charge."

I never heard anymore from Minster Baywatch since.

In July 2021, I received a Letter Before Claim from Gladstones Solicitors, acting on behalf of Minster Baywatch’s enforcement company, Bransby Wilson. I replied denying the debt and requested a 30-day hold under the PAP for debt claims. The letter said it was for £155. They responded that "We are prepared to hold the file for 30 days whilst debt advice is sought. After the 7/09/2021 if no update is provided we hereby put you on notice that it may be our Client's intention to issue court proceedings without further notice."

 
Since then, I haven’t received any further letters— but a voicemail call today in July 25 saying that I needed to call them to pay a parking charge, which I did not answer. 

At this point, I’m unsure what to do or if the company is preparing to take further legal action.

Has anyone else been in a similar situation with Minster Baywatch or Bransby Wilson? What would you recommend as next steps?

Thanks for reading, and any advice is appreciated.

Gr1pr

Plenty of people on this forum have had dealings with both

Are the signs headed Minster Baywach or Bransby Wilson   ?

Which one is the contract holder with the landowner 

Ignore phone calls , everything in writing only,  but ensure that they have your current address if you have moved since 2020. You don't want court papers going to old addresses   !

Then you wait for a formal Letter of Claim giving you 30 days notice to respond,  probably followed by an N1SDT court claim pack from the CNBC in Northampton using MCOL , in the post  ( even if you already received an LoC 4 years ago   )

If you receive either of those,  you must deal with them  ( but not phone calls or debt collectors letters   )

richardc1983

Thank you, I had only a letter before claim so far back in Aug 2021. They put it on hold for 30 days after I e-mailed back I have heard nothing until the call today that went to voicemail. So do they need to send another letter before claim even though it was 4 years ago or can they move to letter of claim straight away?

The parking signage was Minster Baywatch.

Is it likely they will pursue. I think my case is strong. 

Gr1pr

I suppose they could issue a court claim,  but are more likely to do a trace and send a new LoC to that address,  by post, just to be sure, due to the passage of time 

If its all Minster Baywatch, then Bransby Wilson aren't involved,  even though they are under the same umbrella

Yes they are likely to issue a formal Letter of Claim giving you 30 days notice,  followed by a court claim against you 

richardc1983

Well I'm going to defend it. Also they discussed more and gave more information away about me to my MP then they would give me. 

I'm just worried about a CCJ. I've read the newbies post but I really can't be doing with anything like this. 

Gr1pr

If you follow our advice here,  including the second post in the newbies sticky thread in announcements,  you will not get a CCJ  ( did you not read this paragraph in the newbies sticky thread in announcements   ?  )

You don't get a CCJ even if you lose, if you pay within 30 days of judgment, nothing stays on the register (credit record). No 'risk' as long as you don't miss court deadlines, you may as well defend and fight!

The rest is just paperwork 

richardc1983

Yes I did see that, there was a lot of info to digest. I just don't feel they have been proportionate. 

Gr1pr

But its irrelevant,  they just want your money,  by hook or by crook,  so they are well versed in bullying scare tactics 

Court is where they win or lose,  unless they discontinue

Your current stage is impasse,  neither side budging,  but they will try their luck hoping to scare the timid or naive into paying,  it's an extremely profitable strategy,  intimidation to extract money for the alleged breach of the parking contract on that private property 

Dont fall for it,  plenty of victims have won out with help from here 

richardc1983

Yes I am absolutely going to fight it. Horrible people. 

Gr1pr

Here is an interesting recent saga for you to read,  especially about Bransby Wilson or Minster Baywatch 

https://forums.moneysavingexpert.com/discussion/6613574/minster-baywatch-thruscross-reservoir-letter-before-claim/p1

It may not help your case but you can see how the OP wouldnt let go and kept on fighting them,  even though your 2 cases are different,  it shows that fighting back is best,  especially when you know the facts 

richardc1983

Interesting post. I guess given my MP Commented and also tried to get them to cancel as my MP believed it to be heavy handed from them. 

I hope it doesn't come to it but I will fight it.