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Minster baywatch pcn

azz007
azz007 Posts: 216
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edited 17 November 2017 at 11:02AM in Parking tickets, fines & parking
2 postal PCN from Minster Baywatch as being parked on a Mecca Bingo Car park on two occasions 24th Oct and 02 Nov 2017.

these are monitored now with ANPR cameras .

Now as keeper have 2 PCN and wrote a Without Prejudice Letter to hoefuly work to bring the matter to a close if they accecpt. as keeper will sent a letter via post with a cheque.


This is what i have so far, i think maybe i should remove point 2, as ive read this no longer works??
any thoughts , ammendants or things to add will be appreciated. see below

17/11/2017
Without Prejudice

Dear Sirs,

I write further to your recent correspondences as the Keeper relating to the Parking Charges issued by yourselves. (See attached).
Parking Charge Number 1: 12345
Parking Charge Number 2: 12345

I am challenging your parking charge dated 24/10/2017 & 02/11/2017) on the following grounds:
1.

2. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. Your monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999.
Please provide a breakdown of how your demanded charge is calculated so that I can consider further whether it amounts to a penalty as the charge that you are levying is punitive and therefore void against me. The charge of £100 is arbitrary and in no way proportionate to any alleged breach of contract. Nor does it even equate to local council charges.
3. You were using an ANPR camera system but this has evidently not been advertised on the signage with prominence and not seen by the driver.
4. Having examined your PCN I believe it is non-compliant demand for payment. Your notice in the text refers to being a PCN. This term is attributed to a penalty charge notice issued by a local authority. It is therefore easily confused with a statutory penalty charge notice. The BPA is clear in its rules that such abbreviations and terms are not permissible.

As a gesture of goodwill and to bring the matter to a swift and amicable conclusion, I am offering you on a without prejudice basis only, the sum of £10.00 for both alleged breaches in full and final settlement of all claims you have against the Keeper. This should enable you to cover the costs of obtaining the vehicle details and your alleged loss of income you may have suffered arising from the alleged contract. I should point out that if you bank or negotiate this cheque this will be taken as your acceptance of the offer which cannot be retracted under any circumstance.

If you choose to reject my offer to settle this matter and wish to pursue this matter through the courts then I shall bring to the Court’s attention this letter.

Yours Faithfully,

PRINT NAME

any feedback appreciated, i dont really want to ignore this one as ive already ignored another one i got from ECP in August and at the 2nd DRP+ LETTER stage.
«13456710

Comments

  • Redx
    Redx Posts: 38,084
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    I doubt they will accept anything less than a full payment

    personally , I would send the blue text BPA template letter only, no admissions as to who was driving , a separate appeal for EACH of the two pcn`s

    and edit post #1 to remove any hint of who was driving

    those are my 2 recommendations
  • azz007
    azz007 Posts: 216
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    PS- hOW Many days should i give them for a response if they are willing to accept or not.

    i found this on a older thread and not sure if it applies ??

    PLEASE NOTE: This offer is intended to have the consequences of Section 1 of Part 36 of the Civil Procedure Rules. It will remain open for a period of 23 days from the date of this letter (namely 21 days plus two days for service) after which time the offer will be withdrawn and in the event of the claimant failing to achieve a judgment in excess of the sum offered in this letter, an application will be made for an order that the claimant pay the defendant's wasted costs of the action in full.

    can i use this?
  • Redx
    Redx Posts: 38,084
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    as BPA members they have 35 days to respond to any appeal, although this is not enforced and the BPA couldnt care less
  • azz007
    azz007 Posts: 216
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    Redx wrote: »
    I doubt they will accept anything less than a full payment

    Have you had any experinces that they will delcine?

    personally , I would send the blue text BPA template letter only, no admissions as to who was driving , a separate appeal for EACH of the two pcn`s

    and edit post #1 to remove any hint of who was driving

    those are my 2 recommendations

    Im confused , you say send the BLUE letter but say to edit point #1 to remove hints of driving.

    do you mean i should add stuff from my letter with the blue one?

    personnaly i dont have time to do all this appeal stuff process and then POPLA etc. im too bisy with work and was hoping for a quick reslotion
  • Redx
    Redx Posts: 38,084
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    you wont get any speedy resolution, its follow the same path as everyone else or suffer the consequences

    I gave you my opinion on what to do , including putting your mistakes right

    job 1), edit your initial post (post #1) and remove any hint of who did what

    use THE DRIVER when referring to events on the day , no "ME , MYSELF & I"

    job 2), read post #1 of the NEWBIES FAQ sticky thread and send the blue text template

    and dont send ANY of what you have written , not at all

    but its your funeral, we can only advise you on the best course of action

    I am amazed you have written anything without consulting the BPA CoP too , where the 35 day rule is clearly spelled out
  • azz007
    azz007 Posts: 216
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    Redx wrote: »
    you wont get any speedy resolution, its follow the same path as everyone else or suffer the consequences

    I gave you my opinion on what to do , including putting your mistakes right

    job 1), edit your initial post (post #1) and remove any hint of who did what

    use THE DRIVER when referring to events on the day , no "ME , MYSELF & I"

    job 2), read post #1 of the NEWBIES FAQ sticky thread and send the blue text template

    and dont send ANY of what you have written , not at all

    but its your funeral, we can only advise you on the best course of action

    I am amazed you have written anything without consulting the BPA CoP too , where the 35 day rule is clearly spelled out


    of course i have come here for advice but it seems your dead cert 99.9% of not to send my letter or ANY of it. so i wondered have you had any experiences or know of any with MINSTER BAYWATCH.

    seems like i have no chance with my offer letter to them
  • Coupon-mad
    Coupon-mad Posts: 130,632
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    edited 16 November 2017 at 7:15PM
    Don't bother with the offer. Bargepole summed this idea up here:

    http://forums.moneysavingexpert.com/showthread.php?p=73386158#post73386158

    So stop offering money to an ex-clamper firm! As you are within the appeal window for both, simply appeal as per the NEWBIES thread.

    If we thought offering money was a viable option, it would be in the Newbies sticky thread!
    azz007 wrote: »
    of course i have come here for advice but it seems your dead cert 99.9% of not to send my letter or ANY of it. so i wondered have you had any experiences or know of any with MINSTER BAYWATCH.
    We've been doing this for years. Seen off hundreds of Minster Baywatch cases. Yes, you can beat them at POPLA so stop thinking you have to throw money at it or say who was driving (NOPE).

    Your points #2 and #4 also have no legs in an appeal at all.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Redx
    Redx Posts: 38,084
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    edited 28 November 2017 at 12:00AM
    nope, I have no experience of MB or any recent experience either

    BUT I do come here daily and so have read thousands of threads and given advice plus I too have read that BARGEPOLE post several times as well

    generally speaking it matters not what is said, they ALL reject almost ANY appeal out of hand , no profit in acceptance !!!

    we tend to believe none of them read any appeals, they just say , oh look an appeal , REJECT APPEAL pile and inform the apellant they have failed

    as the NEWBIES sticky thread does say , the aim is a cancellation or a POPLA code , with no hint of who was driving

    post #1 still admits who was driving , so your edit wasnt good enough , sorry

    as I said , its your choice , but regulars here will telll you that any letters like yours will fail 999 times out of 1000 (I assume one might work)

    for 2 pcn`s at the same location, its more potential profit , so less likely to be accepted

    but its still your choice to make

    so edit post #1 again , learn how NOT to infer who was driving , then any appeals you make should be carefully worded too
  • azz007
    azz007 Posts: 216
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    Coupon-mad wrote: »
    Don't bother with the offer. Bargepole summed this idea up here:

    http://forums.moneysavingexpert.com/showthread.php?p=73386158#post73386158

    So stop offering money to an ex-clamper firm! As you are within the appeal window for both, simply appeal as per the NEWBIES thread.

    If we thought offering money was a viable option, it would be in the Newbies sticky thread!

    We've been doing this for years. Seen off hundreds of Minster Baywatch cases. Yes, you can beat them at POPLA so stop thinking you have to throw money at it or say who was driving (NOPE).

    Your points #2 and #4 also have no legs in an appeal at all.


    here is their letter, is their regiesterd keeper liabilty here ?

    [IMG]hxxp://i63.tinypic.com/104enfr.jpg[/IMG]
  • Coupon-mad
    Coupon-mad Posts: 130,632
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    It's not terribly worded, but you still appeal as keeper, because the POFA schedule 4 isn't just about the NTK wording; for instance the Act also requires 'adequate notice' of the parking charge. And MB signs are often sparse (can you get photos showing NO signs visible, that would be good prep for POPLA).

    Also if the car 'wasn't authorised', it's worth showing us the signs as they may well be worded as prohibiting parking/''no contract offered'' - no licence therefore no breach of any agreed contractual 'licence' to park without a permit.

    And the £100 charge might be buried in small print, or obscured by trees, etc.

    And how long does the PCN say the car was there for? POPLA cases are often won on Grace periods.

    And you said this but was it an ANPR letter, or a manual camera used by a lurking person?
    You were using an ANPR camera system but this has evidently not been advertised on the signage with prominence and not seen by the driver.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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