PCN for overstay in Retail Park due to blown tyre - challenged - POPLA say I have to pay!

JBsunny1234

Dear all - I am hoping someone can assist me with the best way forward. I have checked the newbies post and I have won a dispute previously but this situation is slightly different.

My car had a blown tyre and limped into Farnborough Gate Retail Park. In short I had to get 2 x new tyres which resulted me going over the allotted time of 4 hours (5 hrs and 39 mins), due to the RAC/Tyre specialist having to do 2 x drops to collect tyres and being on a busy Friday.

I received a PCN - challenged Minster Baywatch (who I know are registered with POPLA after checking the forum) and they offered a reduction of £20 from £100.

Out of principle as my car could not be moved, I challenged it through the POPLA appeals - there was no admittance of being the driver. I informed all parties I own the vehicle but was not the driver, the vehicle narrowly missing a RTA and having a toddler in the back of the car and being at the mercy of RAC/Tyre specialist to fix, the car which was immobilised.

I have been informed by POPLA through the appeals that I have to pay the £100 by 20 Oct 25 or it will be handed over to the Debt Collecting Agency.

I don't intend on paying (unless someone here tells me my probability of winning is low?!) but would be extremely grateful for any direction and guidance from some of the successful 'Forumites' / experts here!

Some of my immediate questions are:

Do I email Minster Baywatch and inform them don't bother about the Debt Collecting Agency - go straight to court ?

What are my chances of it getting to court ? Will I win ?

Does anyone have a link or an extract that I could potentially use for my next play?

Takeaways are : 

I had a blown tyre - I provided screen shots of receipts from RAC, with timings of call.

I have not said I was the driver - does the Notice to Keeper comply with POFA Schedule 4 ? Can liability transfer to me as keeper ?

Many thanks in advance for all those that can help!

Gr1pr

Popla do not insist that you pay it, it's optional,  your choice  !   Not theirs 

They may recommend that you pay it, but we will tell you to NOT PAY IT !

Meaning,  do not pay,  because you can fight any future Money Claim,  which will probably be discontinued,  fizzle out

Debt collectors are powerless,  so that threat is meaningless,  they cannot do anything other than send scary looking letters,  they don't collect anything if you refuse to pay, they waste their money and time for no reward 

So ignore popla,  ignore the powerless debt collectors,  let MB issue a Money Claim via a legal company in the future,  if they are foolish enough to do so

My thoughts are that it wont even get to a hearing 

Come back to this thread if or when you receive a Letter of Claim giving you 30 days notice,  or a Money Claim using MCOL,  within the next 6 years.   Keep all your paperwork and evidence safe for the next 7 years 


Ps

The £20 option was offered due to page 46 in the current joint Code of Practice 

F.3 Appeals where the charge should be reduced to £20 for a period of14 days

In considering appeals parking operators must recognise the below case types as

mitigating circumstances warranting a reduction in the amount of the parking charge to

£20 for 14 days, subject to appropriate evidence being provided. This reduction applies

only for the first parking charge issued to the vehicle for the specific contravention, where

payment is made within 14 days

c) where the vehicle has broken down;

JBsunny1234

Legend! thank you so much for the prompt reply.

Would it worth emailing Minster Baywatch informing them that I won't be paying or let it play out.... ?

If so, I will hold tight and just collect the letters received and wait for the Letter of Claim (if it goes that far!)

thanks again

itsthelittlethings

If you don’t pay your credit rating may get trashed. People on here are very keen not to pay at all costs, all I can say is how much did two new tyres cost you? More than a parking fine I expect.

95Rollers

I'd say wait it out. The vehicle was too dangerous/ difficult to move. Keep all your records from the breakdown service/ tyre fitters which should be timed/dated. 

Umkomaas

itsthelittlethings said:

If you don’t pay your credit rating may get trashed. People on here are very keen not to pay at all costs, all I can say is how much did two new tyres cost you? More than a parking fine I expect.

Perhaps you can explain to the OP exactly how this may happen - in full please.

@JBsunny1234, do you have photos of the signage at the car park?  Does the name Brandsby Wilson appear on any?

Who is the managing agent responsible for that retail park (often shown on the welcome board at the park entrance). 

Gr1pr

As Umkomaas says, check if signage was Minster Baywatch, or Bransby Wilson,  take pictures if possible,  as evidence 

Ideally get the retail park management company or landlord or landowner to cancel the pcn, which is what you should have done from the get go

Ignore replies that blame you and talk about CCJs, if you follow our advice there probably wont even be a court hearing,  never mind a CCJ  !  You have to default in paying a Judgment before any CCJs are recorded on file

No CCJ will happen if you follow the advice from the regular helpers on here

Just let it play out and let us help you to beat them, at zero cost to you

But plan A is always the best option in these cases,  complain to the landowner's etc

Car1980

itsthelittlethings said:

If you don’t pay your credit rating may get trashed. People on here are very keen not to pay at all costs, all I can say is how much did two new tyres cost you? More than a parking fine I expect.

Please ignore this ignorant false information.

itsthelittlethings

I have worked with people with debt collectors after them. It is not a nice experience.

95Rollers

itsthelittlethings said:

I have worked with people with debt collectors after them. It is not a nice experience.

A parking charge is NOT a debt. Its a disputed speculative invoice. Nothing is a debt until a court finds in the claiminant's favour and the claim isn't paid within a certain timeframe. Only then a CCJ can be applied for. Even then after that it is unlikely the debt would be enforced as it wouldn't meet the criteria for application of a control warrant nor would anyone buy such a piddly debt.  You are right that these people aren't pleasant, but a debt collector and CEO/ Bailiff are 2 different entities.

Umkomaas

itsthelittlethings said:

I have worked with people with debt collectors after them. It is not a nice experience.

That may be the case, but do you understand how private parking charges work?