Minster Baywatch PCN

ducatidaz

Hi,

I have received a PCN from Minster Baywatch as keeper of the vehicle for an alleged overstay of just under 18 minutes at a carpark in Tintagel, Cornwall .

I have appealed the NTK using the draft hete on MSE that was obviously subsequently declined.

The driver upon arrival finally managed to find a parking space, then joined a queue for the ticket machine. The queue not helped by the fact that it's a seaside carpark, busy with tourists and the fact that an old man only had cash and had to be helped to pay.

Upon return to the carpark, the driver had trouble leaving caused by the mayhem of allowing campervans and motorhomes to use the carpark.

The driver purchased a 3 hour ticket, but no longer has it. Evidence of the ticket purchase and end time was requested on appeal to Minster Baywatch, but not provided. They have also not provided the evidence I requested for the grace period agreed with the landowner. They have failed to disclose any details of consideration period.

For my POPLA appeal I have tried the generator on this MSE sight.

Here it is below, be interested in thoughts and guidance.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement, and there will be no admission as to who was driving and no assumptions can be drawn.

Since your Parking Charge Notice is a vague template, I require an explanation of the allegation and your evidence. You must include a close-up photograph of the sign you contend was at the location on the material date, as well as your images of the vehicle.

I am appealing this PCN on the following grounds:

1. FAILURE TO PROVIDE EVIDENCE OF BREACH
   The operator claims I overstayed by 17 minutes 51 seconds but has failed to provide:

• The start and end times of my paid parking session
• Evidence of what grace period applies at this site
• Details of any consideration period as required under BPA Code of Practice

1. PAID FOR PARKING
   I paid for 3 hours of parking as evidenced by my bank statement (attached). Without proof of when my paid session started and ended, the operator cannot demonstrate I breached the terms.
2. IGNORED REQUEST FOR EVIDENCE
   In my appeal to Minster Baywatch on 25th June at 2:21pm, I specifically requested the ticket start/end times and grace period details. They rejected my appeal without providing this essential evidence.
3. INSUFFICIENT PROOF
   Entry and exit photographs alone do not prove an overstay of paid parking time. The operator must prove I exceeded my paid 3-hour period plus any applicable grace period.

The burden of proof rests with the operator. They have failed to provide evidence that a breach occurred.

I request this PCN be cancelled.

If the allegation concerns a payment machine, the data supplied in response to this appeal must include the record of payments made – showing a partial vehicle registration number – and an explanation of the reason for the Parking Charge Notice, because your notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Coupon-mad

No don't bother. There is no point there that can win at POPLA. Just ignore MB.

ducatidaz

What happens if they take it to court?

Coupon-mad

No risk. See post 2 of the NEWBIES thread.

ducatidaz

Having read Post 2, it does appear that there could be some risk. That makes the wife very uncomfortable! Is there something I can do to the appeal to turn it into a winner? Or if it was submitted and then declined would I still have the option to ignore MB?

Gr1pr

The person who received the NTK PCN letter can appeal, then popla, and if it fails both then you can ignore anything EXCEPT an LBC or a court claim in the future, within the next 6 years

The Only quick resolution is always plan A, A landowner complaint

ducatidaz

I haven't been able to identify the landowner unfortunately.

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82061722#Comment_82061722

Fair comment, but you asked about a quick resolution option. ! Otherwise its the long game !

Coupon-mad

What risk are you perceiving?

Nobody here risks a CCJ.

ducatidaz

Thanks for your help Coupon-mad, its very much appreciated. The post that I read suggests that although a ccj might not happen, solicitor letters, debt and court threats could ensue. With your experience and knowledge is that unlikely to happen and MB just go away?

Le_Kirk

https://forums.moneysavingexpert.com/discussion/comment/82061722#Comment_82061722

SOME IDEAS ON DETERMINING WHO OWNS THE LAND

1. Google searches
2. If a retail park, check on any signage which lists the on-site outlets
3. Ask retailers on the site if there is a managing agent
4. Ask retailers on the site to whom do they pay rent
5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)
6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information
7. Contact The Land Registry and for around £7 they should be able to provide definitive detail
8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there.
   Posted by @Umkomaas
   https://forums.moneysavingexpert.com/discussion/comment/78322090/#Comment_78322090