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  • FIRST POST
    • bull2x3x11
    • By bull2x3x11 4th Aug 18, 12:26 PM
    • 6Posts
    • 2Thanks
    bull2x3x11
    Parking fine Minster Baywatch
    • #1
    • 4th Aug 18, 12:26 PM
    Parking fine Minster Baywatch 4th Aug 18 at 12:26 PM
    Hi,

    I received a parking ticket at a local country park, I had been visiting the site for years and there were no charges for blue badge holders, this time I decided to stop there for just over 30 minutes as I was in a lot of pain and needed to rest, this time we had found they had moved the parking and it was now in a different place and charges applied to blue badge holders, I had to rest become of the pain and hadn't got my wallet as I didn't realise there would be fees (apparently they changed the rules on 30th June this year).

    I appealed before reading the forum unfortunately but did not mention the drivers name who was a carer, the fine seems a bit much as I was under an hour and I there fee is 1 for an hours parking, I did display my blue badge too although it doesn't count or get a discount anymore

    The letter below is what I received, there may be typos from converting it to text, I just wondered if there was anything obviously wrong with the letter I can use against them, it does infer I have to tell them the drivers name under The Protection of Freedoms Act 2012, schedule 4 which I believe isn't true.

    Any advice would be appreciated.

    There are pictures of the van entering and exiting the site.

    NOTICE TO KEEpeER OR HIRE COMPANY
    Where applicable, we may have obtained your details from DVLA under a "reasonable cause" request as you were the registered keeper of the vehicle specified at 21:13 on (DATE).
    A Parking Charge has been issued as your vehicle was involved in breaching thee stated terms and conditions of use which were clearly displayed via signage a d agreed to by the driver when your vehicle entered the stated location, specifically

    Parking fee covering visit duration was not paid in full

    You are notified under The Protection of Freedoms Act 2012, schedule 4, that you are now required to do one of the following; Pay the outstanding amount, if you were the driver of the vehicle, OR; If you were not the driver, provide us with the full name of the driver of the vehicle along with their current address where a notice can be served, please note you are also required to pass this notice to the driver.

    You are warned that if, after 29 days from the date given (which is presumed to be the second working day after the Date Issued), the Parking Charge has not been paid in full and we do not know both the name and current address of the driver, we have a right to recover any unpaid part of the Parking Charge from you as the registered keeper of the vehicle.
    We will accept a reduced amount of 60.00 if payment is made within 14 days of this letter. After this the reduced amount will no longer be available to you.
    Should you wish to make an appeal or representation against this Parking Charge, details are on reverse of this notice.
    Should you choose to ignore this notice, please be aware that Minster Baywatch may pursue this matter through the county court if necessary. Should court proceedings be issued, further costs incurred by Minster Baywatch will be added. These will include but not be limited to the cost of issuing the court claim, credit reference agency costs and our solicitor's costs.
Page 1
    • Castle
    • By Castle 4th Aug 18, 12:32 PM
    • 1,922 Posts
    • 2,610 Thanks
    Castle
    • #2
    • 4th Aug 18, 12:32 PM
    • #2
    • 4th Aug 18, 12:32 PM
    Some Country parks are covered by byelaws/provided by County Councils so they are not relevant land for POFA purposes.
    • bull2x3x11
    • By bull2x3x11 4th Aug 18, 12:34 PM
    • 6 Posts
    • 2 Thanks
    bull2x3x11
    • #3
    • 4th Aug 18, 12:34 PM
    • #3
    • 4th Aug 18, 12:34 PM
    How would I find this information out, contact the council?
    • Umkomaas
    • By Umkomaas 4th Aug 18, 12:36 PM
    • 19,691 Posts
    • 31,162 Thanks
    Umkomaas
    • #4
    • 4th Aug 18, 12:36 PM
    • #4
    • 4th Aug 18, 12:36 PM
    How would I find this information out, contact the council?
    Originally posted by bull2x3x11
    Seems like a plan.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • bull2x3x11
    • By bull2x3x11 4th Aug 18, 12:40 PM
    • 6 Posts
    • 2 Thanks
    bull2x3x11
    • #5
    • 4th Aug 18, 12:40 PM
    • #5
    • 4th Aug 18, 12:40 PM
    Thanks, I'll send an email off
    • bull2x3x11
    • By bull2x3x11 6th Aug 18, 12:01 PM
    • 6 Posts
    • 2 Thanks
    bull2x3x11
    • #6
    • 6th Aug 18, 12:01 PM
    • #6
    • 6th Aug 18, 12:01 PM
    Appeal rejected

    "Further to your appeal received on 04/08/2018 regarding the above charge, we note your comments;
    however, when this charge was issued this vehicle was in contravention of the agreed terms and
    conditions for all users of this site.
    Your appeal has been reviewed along with all evidence gathered at the time of the breach of the site
    rules.
    There is a contract to enter this site, as stipulated by signage located around the car park, which clearly
    states that vehicles must have a valid Permit/where applicable be on the authorised user list, or have
    paid to park. Your vehicle was observed to contravene these conditions. After having thoroughly
    examined the authorised user list and payment records for the date and time in question, we can find
    no record for your vehicle or a vehicle with a similar registration. As stipulated on the signage, there are
    no concessions for disabled badge holders.
    We are therefore unable to cancel the charge as it was issued correctly.
    You have now reached the end of our internal appeals procedure and have a few options to choose
    from:
    Pay the charge at the prevailing rate of 60 within 14 days. Please note that after this time the
    discounted rate will no longer apply and the Charge will rise to 100.
    Make an appeal to POPLA (Please note this does not apply to charges issued in Scotland) The
    Independent Appeals Service by visiting their website at url within 28 days. Please
    note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate
    of 60, and should POPLAs decision not go in your favour you will be required to pay the full amount of
    100. If you opt to pay the charge you will be unable to appeal to POPLA. Your verification code, which
    you will need to appeal to POPLA, is ----------------. Please be aware POPLA only applies to charges
    issued in England and Wales.
    If you choose to do nothing, after 35 days we will seek to recover the monies owed to us via our debt
    recovery procedures and may proceed with Court action against you.
    By law we are also required to inform you that Ombudsman Services
    provide an alternative dispute resolution service that would be competent to deal with your appeal.
    However, we have not chosen to participate in their alternative dispute resolution service. As such
    should you wish to appeal then you must do so to POPLA, as explained above.
    To support our eligibility to pursue this Parking Charge Notice, we would like to draw your attention to
    the fact that on 4th November 2015 there was a landmark Court decision that saw a motorist challenge
    a Parking Charge Notice through the Court system of England and Wales with the final appeal to the
    Supreme Court. Where, in a final decision made by the Supreme Court Judges, a Judgement was
    handed down supporting the view that a parking charge should be viewed as an effective deterrent.
    The judgment confirmed the parking charge was lawful and motorists parking on private land must
    comply with the advertised terms and conditions. Further information regarding this judgement can be
    found at
    Payments can be made by cheque or postal order - payable to MINSTER BAYWATCH LTD, or on the
    Minster Baywatch Website -
    Yours sincerely,
    Appeals Department
    Minster Baywatch Ltd"

    I'm not sure it's worth appealing to POPLA or not, I'm awaiting a reply from the council but doubt they will reply anytime soon
    • nosferatu1001
    • By nosferatu1001 6th Aug 18, 1:21 PM
    • 3,626 Posts
    • 4,483 Thanks
    nosferatu1001
    • #7
    • 6th Aug 18, 1:21 PM
    • #7
    • 6th Aug 18, 1:21 PM
    Of course it is worth it. Costs them 30 and youre not bound by the decision.

    So get cracking.
    • The Deep
    • By The Deep 6th Aug 18, 1:49 PM
    • 10,238 Posts
    • 10,131 Thanks
    The Deep
    • #8
    • 6th Aug 18, 1:49 PM
    • #8
    • 6th Aug 18, 1:49 PM
    Write bad stuff on the park's TripAdviser/Facebook pages, and complain to your MP

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • bull2x3x11
    • By bull2x3x11 6th Aug 18, 3:13 PM
    • 6 Posts
    • 2 Thanks
    bull2x3x11
    • #9
    • 6th Aug 18, 3:13 PM
    • #9
    • 6th Aug 18, 3:13 PM
    I've emailed the park directly and started ruffling feathers on social media, hopefully that will cause some issues for them, I'll get more assertive once I get replies from the council and park.
    • bull2x3x11
    • By bull2x3x11 12th Aug 18, 12:31 PM
    • 6 Posts
    • 2 Thanks
    bull2x3x11
    The council no longer own the park, they sold it two years ago hence the changes I guess, but some good news, after messages on social media and then emailing the park owners directly they have decided to cancel the fine everyone for the help.
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