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  • FIRST POST
    • azz007
    • By azz007 6th Dec 17, 6:40 PM
    • 134Posts
    • 27Thanks
    azz007
    MINSTER PCN postal
    • #1
    • 6th Dec 17, 6:40 PM
    MINSTER PCN postal 6th Dec 17 at 6:40 PM
    So just to be clear this is not related to any other PCN threads i have.

    MINSTER BAYWATCH - These are seriously gettng on my nerves thibking they can just go round issuing these tickets. As keeper have recieved a PCN via post. However, the strange thing is, this was not a windcreen ticket or via an ANPR camera system.

    This was issued after someone(assuming a parking warden) has took pictures of the car and then issued the PCN and arrived by post. It has pictures of the car at the location it was parked,

    They MINSTER have no dealing here at the location of parking and all of a sudden put some signs up recently about no parking etc. Are they allowed to do this issue a PCN this way taking photos of the car with a handheld camera device to then issue a postal PCN.?

    See a copy of the letter recieved , it doesent state how long the driver was allegedly there for.
    hxxps://www.dropbox.com/sh/i72y9pjn7i6wvni/AACOHcTM4O6zHeU0KITH-m0oa?dl=0

    They are started to really get on my nerves and feel like hunting this warden down.
Page 4
    • azz007
    • By azz007 15th Dec 17, 4:40 PM
    • 134 Posts
    • 27 Thanks
    azz007
    Really??

    Who from??
    Originally posted by KeithP
    not sure of the full extent of the arctilce

    hxxp://parking-prankster.blogspot.co.uk/2017/01/dvla-confirm-massive-data-protection.html

    so i shoudnnt cc? ccrt@dvla.gsi.gov.uk ?
    • azz007
    • By azz007 2nd Jan 18, 8:50 PM
    • 134 Posts
    • 27 Thanks
    azz007
    appealed to MB directly writing up my own letter as keeper about parking on the so called loading bay 'vehicle was parked longer than the maximum peroid '(maximun parking 30mins only) and disputed this fact of no observation/issue time and today they have cancelled the charge.

    Now need to appeal the 2nd one , 'user was not authorised to use the car park' where the driver parked on the black tarmac bit in front the loading bay. do you think i can appeal using the same ground above although the PCN has a diffretne reason. do you think i should chance this and state with 'precedence' PCN 123456 which got cancelled

    d just clearly shows they are issuing tickets like blind monkeys.
    • Coupon-mad
    • By Coupon-mad 2nd Jan 18, 9:09 PM
    • 57,392 Posts
    • 70,997 Thanks
    Coupon-mad
    Yes, use the same wording - they are likely to be stupid enough to cancel it anyway without checking.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • azz007
    • By azz007 2nd Jan 18, 9:31 PM
    • 134 Posts
    • 27 Thanks
    azz007
    Yes, use the same wording - they are likely to be stupid enough to cancel it anyway without checking.
    Originally posted by Coupon-mad
    so should i or should i not mention the pcn that got canceled
    • azz007
    • By azz007 4th Jan 18, 11:28 AM
    • 134 Posts
    • 27 Thanks
    azz007
    should i state the PCN number that got cancelled on the other appeal, need to submit tomorrow
    • azz007
    • By azz007 8th Mar 18, 9:22 AM
    • 134 Posts
    • 27 Thanks
    azz007
    This is a ridiculous outcome - i pirchased land registrey docs and it showed they dont have authority on the land where the vehicle was parked. . and still MB denied the appeal. what is this... this is defo a big joke. the BPA dont care tooo, i emailed them showing the land docs and they said cant force MB to overturn their decsions and its upto me to take it further.

    Also , on the NTK. there was no specified perioiod of parking - so this is no compliant. POPLA dont care and still denied the appeal.

    The Protection of Freedom Act (POFA) 2012 Schedule 4 PARA 9, states:
    2 - The notice must!!!8212;
    (a) Specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

    so 2 clear points were failed , not parked on relevant land, and no period of parking. yet i still lost. how is that even possible.

    i have uploaded both versions of site plans and marked X where vehicle parked. MB version (clearly they have falsely outined their own verion in red. and land reg version i puchared is vastly different

    https://www.dropbox.com/sh/1loegyr9yyedz5u/AAAHzAhzxg_nVJXO4G8u30qra?dl=0

    -----------------------------------------------------------------------------------------
    DecisionUnsuccessful
    Assessor Name
    Assessor summary of operator case
    The operator!!!8217;s case is that the appellant parked without authorisation.

    Assessor summary of your case
    The appellant!!!8217;s case is that the parking charge is not compliant with the Protection of Freedoms Act 2012. The appellant has stated the operator should allow a grace period at this site. The appellant has questioned if the operator has the authority to issue parking charges on the land in question.

    Assessor supporting rational for decision
    The appellant has declined to name the driver on the date of the contravention. I must therefore consider whether the conditions of the Protection of Freedoms Act (PoFA) 2012 were met as the operator is pursuing the appellant as the Registered Keeper. As the operator has not identified the driver of the vehicle, the Parking Charge Notice (PCN) will need to comply with the regulations set out in section 9 of PoFA, 2012. From the evidence, I am satisfied the operator transferred liability correctly and in line with the provisions set out in PoFA (2012). The operator has issued the parking charge as the appellant parked without authorisation. The terms and conditions of this site state, !!!8220;parking for Mecca Bingo customers & permit holders only!!!8221;. Within their grounds of appeal, the appellant has questioned if the operator has the authority to operate on the land in question. Section 7.1 of the BPA Code of Practice sets out: !!!8220;if you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you authority to carry out all aspects of car park management for the site you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges.!!!8221; The operator has provided POPLA with a contract dated. This contract confirms it was in place for an initial period of three months. The contract would then run indefinitely until either party cancelled the contract. The operator!!!8217;s signs are still in place at this car park. I am therefore satisfied that it has a valid contract to issue parking charges on this land. The appellant has said that the operator should allow a grace period. Section 13.2 of The BPA Code of Practice that states: !!!8220;You should allow the driver a reasonable !!!8216;grace period!!!8217; in which to decide if they are going to stay or go. If the driver is on your land without permission, you should still allow them a grace period to read your signs and leave before you take enforcement action!!!8221;. The operator provided photographic evidence of the vehicle. The operator took the first photograph of the vehicle at 09:20 and further photographs at 09:59. I can see from these images that the appellant remained on site for at least 39 minutes without authorisation. I consider 39 minutes in excess of a reasonable time for the appellant to decide whether to park or leave. On this occasion, I can see no evidence that the driver was authorised to park in this car park. As such, I can only conclude the operator issued the parking charge correctly. I therefore refuse this appeal.
    Last edited by azz007; 08-03-2018 at 10:47 AM.
    • nosferatu1001
    • By nosferatu1001 8th Mar 18, 12:51 PM
    • 2,454 Posts
    • 3,004 Thanks
    nosferatu1001
    SO you provided POPLA with the land reg documents showing that the contract was not with the landowner? Yes or No

    Complain to the BPA that the operator does not have the required contract in place.
    • azz007
    • By azz007 8th Mar 18, 2:41 PM
    • 134 Posts
    • 27 Thanks
    azz007
    SO you provided POPLA with the land reg documents showing that the contract was not with the landowner? Yes or No
    Originally posted by nosferatu1001
    Yes - i provide land reg docs in the popla comments and it showed they dont have authorty on the part of the land where the vehicle was parked. if you look at the dropbox link thye provided a fradulent copy compared to the offical land reg one

    Complain to the BPA that the operator does not have the required contract in place.
    Originally posted by nosferatu1001
    i did, steve clark didnt do nothing and just said he cant force the operator to overturn their decision.
    • Coupon-mad
    • By Coupon-mad 8th Mar 18, 7:47 PM
    • 57,392 Posts
    • 70,997 Thanks
    Coupon-mad
    If you are saying the PPC falsified evidence, send a copy of your evidence to:

    - your MP
    - local councillors (several)
    - Trading Standards
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • azz007
    • By azz007 9th Mar 18, 4:00 PM
    • 134 Posts
    • 27 Thanks
    azz007
    If you are saying the PPC falsified evidence, send a copy of your evidence to:

    - your MP
    - local councillors (several)
    - Trading Standards
    Originally posted by Coupon-mad

    How would i go about starting my own court proceedings against minster baywatch.what steps and procedures do i need to take. would lve to see this go infront of a judge
    • KeithP
    • By KeithP 9th Mar 18, 4:11 PM
    • 7,167 Posts
    • 6,644 Thanks
    KeithP
    How would i go about starting my own court proceedings against minster baywatch.what steps and procedures do i need to take. would lve to see this go infront of a judge
    Originally posted by azz007
    You could do worse than read MSE's Small Claims Court guide.

    Alternatively stick MCOL into google for more guidance.
    .
    • nosferatu1001
    • By nosferatu1001 9th Mar 18, 4:17 PM
    • 2,454 Posts
    • 3,004 Thanks
    nosferatu1001
    OK, did you tell Steve Clark that they had falsified evidence?

    KNowing exactly what you sent, and the precise response, would help.
    • azz007
    • By azz007 9th Mar 18, 4:31 PM
    • 134 Posts
    • 27 Thanks
    azz007
    OK, did you tell Steve Clark that they had falsified evidence?

    KNowing exactly what you sent, and the precise response, would help.
    Originally posted by nosferatu1001
    i have emailed DVLA, SIr Greg, MP, local councillors and cc'd AOS. And Steve has sent a reply lol. off his own bat. also reporteed to trading standards.

    PLEASE SEE FULL CHAIN, BOTTOM UP. Sorry if its a bit messy, i think i have redacted all my personal info

    -------- Original message --------
    From: Steve Clark <Steve.C@britishparking.co.uk>
    Date: 09/03/2018 16:14 (GMT+00:00)
    To: xxx < @hotmail.com>
    Subject: RE: BPA-12630 MINSTER BAYWATCH PCN XXX- COMPLAINT! BPA:0082252

    Mr XXX

    I am making further enquiries on your case and will respond again once these are concluded.

    Kind regards

    Steve Clark
    Head of Business Operations
    British Parking Association
    Tel: 01444 447307
    Email: steve.c@britishparking.co.uk
    Web: www.britishparking.co.uk

    !!!61520; Think of the environment - do you need to print this email?

    Legal Disclaimers
    British Parking Association Registered in England and Wales with Limited Liability..
    Registered No. 979689. Registered Office: Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AP
    VAT Registration No. GB 600 3376 86

    From: xxx [mailto: @hotmail.com]
    Sent: 15 February 2018 15:07
    To: Steve Clark
    Subject: Re: BPA-12630 MINSTER BAYWATCH PCN XXX- COMPLAINT! BPA:0082252
    Importance: High

    Afternoon Steve,

    I appreciate the time you have taken to reply while you are on annual leave.

    My main point and concern here is that they provided a location plan 2016 (attached) which they clearly outlined themselves in red to suggest they have authority on the land which they provided to Emma Ford.

    I then contacted the land registry and purchased documents attached, to compare this and it shows their real tittle deeds and plans which show they don't have authority on the land where the vehicle was parked, I have marked X for illustration.

    So I'm confused why you say their evidence your senior contact provided was sufficient enough? How so? They don't have authority on the land according to the official documents on land registry dated 2nd Feb 2018.

    So they illegaly have issued a ticket to the vehicle where it was parked as this is not relevant land for the parking company.

    And the same applies for the other popla cases which were denied as I didn't have this evidence to hand.

    I look forward to your reply.

    Thanks
    Mr XXX.






    Sent from my Samsung Galaxy smartphone.
    -------- Original message --------
    From: Steve Clark <Steve.C@britishparking.co.uk>
    Date: 15/02/2018 14:35 (GMT+00:00)
    To: xxx < @hotmail.com>
    Subject: RE: BPA-12630 MINSTER BAYWATCH PCN XXX- COMPLAINT! BPA:0082252

    Mr XXX

    Thanks for your e-mail, the contents of which are noted.

    There are a number of issues to be considered here and I will deal with each of them in turn;

    !!!8226; As previously stated the matter of whether a PCN has been issued appropriately or not should be dealt with POPLA and or a Court - this is outside of my remit, as is the power for me to compel a Member to cancel a PCN.
    !!!8226; My responsibility is to see whether or not Minster Baywatch are in breach of our Code of Practice by their actions and/or behaviours. In this instance they have provided me with sufficient evidence which shows that the PCN was issued on land that they are contracted to manage, and not on the highway as you contend. Consequently there is no breach of the Code and I will be taking no action against Minster Baywatch.
    !!!8226; I would recommend that if you wish to see these PCNs cancelled, you allow the cases to be determined at POPLA - if your appeals to POPLA are accepted, Minster Baywatch have to cancel the PCNs but if you lose, there is no requirement for you to pay and you can allow the matter to be determined at Court, if Minster Baywatch wish to take this action. As part of the POPLA process you will have the chance to review the evidence that Minster Baywatch intend to use and to comment on it before your case(s) is assessed.
    !!!8226; You have asked for the details of my contact at Minster Baywatch but I am aware that he, like me, is on leave at the moment - I suggest your solicitor writes to
    Operations Director
    Minster Baywatch
    Popeshead Court Offices
    Peter Lane
    York
    YO1 8SU
    This concludes the BPA!!!8217;s part in this case and I have closed the case accordingly.

    Good luck with your appeals

    Kind regardss

    Steve Clark
    Head of Business Operations
    British Parking Association
    Tel: 01444 447307
    Email: steve.c@britishparking.co.uk
    Web: www.britishparking.co.uk

    !!!61520; Think of the environment - do you need to print this email?

    Legal Disclaimers
    British Parking Association Registered in England and Wales with Limited Liability..
    Registered No. 979689. Registered Office: Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AP
    VAT Registration No. GB 600 3376 86

    From: xxx [mailto: @hotmail.com]
    Sent: 13 February 2018 13:04
    To: Steve Clark
    Cc: AOS; david.dunford@dvla.gsi.gov.uk; ccrt@dvla.gsi.gov.uk
    Subject: Re: BPA-12630 MINSTER BAYWATCH PCN XXXX- COMPLAINT! BPA:0082252
    Importance: High

    Afternoon Steve,

    Hope your well. Do you have any updates on the below matters with Minster Baywatch cancelling all the below

    PCN XXX
    POPLA XXXX.
    POPLA XXXX.


    Also could you kindly forward me the contact details of your Senior contact at Minster Baywatch so my solicitor can get in touch with them.

    Thanks
    Mr XXX.

    Sent from my Samsung Galaxy smartphone.

    -------- Original message --------
    From: xxx < @hotmail.com>
    Date: 02/02/2018 14:46 (GMT+00:00)
    To: Steve Clark <Steve.C@britishparking.co.uk>
    Cc: AOS <aos@britishparking.co.uk>, david.dunford@dvla.gsi.gov.uk, ccrt@dvla.gsi.gov.uk
    Subject: Re: BPA-12630 MINSTER BAYWATCH PCN XXX- COMPLAINT! BPA:0082252

    Afternoon Steve,

    I appreciate your email and am grateful you will be looking into this for me.

    I apologize regarding my tone as it's not my intention.

    However, I It's just that my frustration with Minster Baywatch has got to a point where this has affected my general behavior and caused significant stress as pepper of the vehicle being constantly issued parking tickets.

    The land registry plan clearly demonstrates that don't have any authority whatsoever.

    So as thier accredited trade association I expect you to deal with this and acknowledge that they should be punished for their behavior and you to take action against them which im sure you will do.

    Other matters I will take on myself directly with necessary measures against Minster Baywatch as mentioned.

    Thanks again
    I look forward to hearing from you

    Mr XXX.


    Sent from my Samsung Galaxy smartphone.


    -------- Original message --------
    From: Steve Clark <Steve.C@britishparking.co.uk>
    Date: 02/02/2018 14:31 (GMT+00:00)
    To: xxx < @hotmail.com>
    Cc: AOS <aos@britishparking.co.uk>, david.dunford@dvla.gsi.gov.uk, ccrt@dvla.gsi.gov.uk
    Subject: Re: BPA-12630 MINSTER BAYWATCH PCN XXX- COMPLAINT! BPA:0082252

    Mr XXX
    Thanks for your email the contents of which are noted.
    I have written to a senior contact at Minster Baywatch about the case and once I have had his response I will write to you again.
    I have to confess that I find the tone of your email threatening and if future correspondences are not moderated, I will stop deMr XXXng with you. There is no need to write in such a manner.
    Kind regards
    Steve Clark
    Head of Operational Services


    Sent from my iPad

    On 2 Feb 2018, at 12:43, xxx < @hotmail.com> wrote:
    Hello that's fine.

    Please see attached copy of official land registery documents that I have purchased officially from land registery.

    This shows they do not have authority to give parking charge notices and the plan clearly highlights this.

    The copy they proved is fraudulent and this breaches so many practices let alone just the BPA so they will be reported to the police.

    So this means PCN XXX needs to be canceled asap. As the POPLA deadline is Sunday.

    Now I have other pressing matters in which recently both other POPLA cases were refused.
    POPLA XXX
    POPLA XXX.

    Again they did not have authority to issue tickets on this land.

    So I advise you to fully investigate all 3 cases. And get these all canceled from Minster Baywatch . I will be looking now to take court action against them for my sufferings caused by them.

    I will now be taking further matters with the police and reporting them as they are operating on land which they don't have any authority on. Also will be going to the local papers and council and highlight these matters very publicly on social media and with the dvla.

    Also the BPAs approach in resolving the matters are not satisfactory.

    Please advise what you are going to do

    I have copied Steve Clark in this as I want him to deal with this personally as nothing else will be sufficient.

    I look forward to hearing from you.
    Thanks
    Mr XXX



    Sent from my Samsung Galaxy smartphone.




    -------- Original message --------
    From: AOS <aos@britishparking.co.uk>
    Date: 02/02/2018 11:47 (GMT+00:00)
    To: xxx < @hotmail.com>
    Subject: RE: BPA-12630 MINSTER BAYWATCH PCN XXX- COMPLAINT! BPA:0082252

    BPA-12630

    Dear Mr Mr XXX,

    Thank you for your e-mail.

    The BPA are satisfied that this is private land and that the operator has authorisation to enforce on this land !!!8211; if you have any (and substantial) evidence to support your contention that they do not, please provide this to us.

    At this time, this investigation remains closed.

    Kind regards,

    Emma-Louise Ford
    Operations Manager
    British Parking Association
    Tel: 01444 447307
    Email: emma-louise.f@britishparking.co.uk
    Web: www.britishparking.co.uk
    <image001.jpg>

    !!!61520; Think of the environment - do you need to print this email?

    Legal Disclaimers
    British Parking Association Registered in England and Wales with Limited Liability.
    Registered Address. Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AP
    Registered No. 979689.
    VAT Registration No. GB 600 3376 86

    From: xxx [mailto: @hotmail.com]
    Sent: 02 February 2018 11:44
    To: AOS <aos@britishparking.co.uk>
    Subject: Re: BPA-12630 MINSTER BAYWATCH PCN XXX- COMPLAINT! BPA:0082252
    Importance: High

    It it very clear ftom the image provvided something has been rubbed out at the top KEY.

    "areas not included in Meccas land."something is Cleary hidden and marked out.

    And at the bottom it says" this official copy is not completed without the additional notes page.

    So how can you accept this? Not to mention me?

    This is definitely redacted.





    Sent from my Samsung Galaxy smartphone.


    -------- Original message --------
    From: AOS <aos@britishparking.co.uk>
    Date: 02/02/2018 11:09 (GMT+00:00)
    To: xxx < @hotmail.com>
    Subject: RE: BPA-12630 MINSTER BAYWATCH PCN XXX- COMPLAINT! BPA:0082252

    BPA-12630

    Dear Mr Mr XXX,

    Thank you for your e-mail.

    I have received a response from Minster Baywatch who have confirmed that they have authorisation to enforce on the land in question !!!8211; this is private land.

    We have also been provided with a copy of the Land Registry !!!8211; please find a copy of this attached (!!!8220;X!!!8221; marks where your vehicle was parked).

    As there has been no breach of our Code of Practice in this case, this investigation shall remain closed.

    If you wish to further contest the charge, we would recommend doing so via POPLA.

    I hope that the above information is of assistance to you.

    Kind regards,

    Emma-Louise Ford
    Operations Manager
    British Parking Association
    Tel: 01444 447307
    Email: emma-louise.f@britishparking.co.uk
    Web: www.britishparking.co.uk
    Last edited by azz007; 12-03-2018 at 10:18 AM. Reason: further info
    • azz007
    • By azz007 9th Mar 18, 4:43 PM
    • 134 Posts
    • 27 Thanks
    azz007
    OK, did you tell Steve Clark that they had falsified evidence?

    KNowing exactly what you sent, and the precise response, would help.
    Originally posted by nosferatu1001
    yes i did , see the full chain above this post
    • Coupon-mad
    • By Coupon-mad 9th Mar 18, 9:27 PM
    • 57,392 Posts
    • 70,997 Thanks
    Coupon-mad
    And Steve has sent a reply lol. off his own back.
    {grammar pedant mode on} should be ''...off his own bat.''

    Sorry, that phrase said wrongly annoys me; even at work and pull teachers up on that one!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • ping236
    • By ping236 14th May 18, 12:11 PM
    • 1 Posts
    • 0 Thanks
    ping236
    Oldham Mecca Bingo
    Hi,

    I am just wondering if you could enlighten me as to the outcome of this dispute for you?

    I got stung by the same place, and have now received a 'Letter Before Claim' for a substantial amount...

    Any help / ideas would be greatly appreciated!!

    Thanks
    • nosferatu1001
    • By nosferatu1001 14th May 18, 12:53 PM
    • 2,454 Posts
    • 3,004 Thanks
    nosferatu1001
    1) read the newbies thread
    2) if, having done so, you are still unsure how to respond to a LBC, THEN start a new thread.
    • Coupon-mad
    • By Coupon-mad 14th May 18, 5:35 PM
    • 57,392 Posts
    • 70,997 Thanks
    Coupon-mad
    Hi,

    I am just wondering if you could enlighten me as to the outcome of this dispute for you?

    I got stung by the same place, and have now received a 'Letter Before Claim' for a substantial amount...

    Any help / ideas would be greatly appreciated!!
    Originally posted by ping236
    You've replied right under my signature in colour, which tells you where to click. See below...
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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