Mr Baywatch PCN Reel cinema in York- now claimform received

[female_haggis]

I parked behind the Reel cinema in York,

the cinema put that many trailers on (Well over half hour) that I was late back to the car,

 

they want £60 within 14 day or it goes up to £100 then if still not received they will take me to county court,

 

I tried to appeal but they said the fine stands as it's not their problem the movie ran over......is this legal?

 

They took pictures of my car entering and leaving the car park

[honeybee13]

I parked behind the Reel cinema in York, the cinema put that many trailers on (Well over half hour) that I was late back to the car, they want £60 within 14 day or it goes up to £100 then if still not received they will take me to county court, I tried to appeal but they said the fine stands as it's not their problem the movie ran over......is this legal?

 

They took pictures of my car entering and leaving the car park

 

Hello and welcome to CAG.

 

Could you answer the appropriate questions in the forum stikky please? This will help us to advise you. It's quite likely you won't have to pay, but please tell us more.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

My best, HB

[dx100uk]

1. its not a fine

go read the letters carefully

 

2. read the letter carefully again..

it does not say WILL anything.

[female_haggis]

For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement may 1st 2016

 

2 Date on the NTK May 5th

 

3 Date received Mat 7th

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? Yes

Have you had a response? Yes

 

7 Who is the parking company? Minster Baywatch

[honeybee13]

Thank you for the information, I expect people will be along later with advice for you.

 

HB

[female_haggis]

thank you

[silverfox1961]

Hi and welcome to CAG

I have unapproved the image you posted above as it contains more personal info (reference numbers, your car reg). Can you please upload again but this time, do it in pdf format as then we can zoom into it and save my poor eyesight.

 

I have had a look on Google Maps and the rear of the cinema is on The Crescent. I cannot see any car parks on Blossom Street at all. Can you confirm.

 

Did you pay to park? If so, how much? How long over the time did you go?

 

From what I have seen of the Notice to Keeper, I feel it is not complaint as it doesn't specify how long the overstay was not have they identified the vehicle in question. They applied to the DVLA for the keeper details so they should have the vehicle make too.

 

Since 2004 Minster Baywatch have taken the vast amount of zero people to court over parking charges. That doesn't mean they won't in your case but more than likely they won't.

 

If you can, go back to the site and take some pictures of the signs. If it is the site I am thinking of and the signs haven't been updated then there are two different ones. Onr for £60 and one for £100??

It would also help if you can find out whether they had planning permission for the signs. The council will be able to assist there. Also, try to find out who the landowner is and if it is the company that runs the cinema, complain to them too.

[ericsbrother]

What did you say in your appeal and what was the response other than refusing it.

 

If the car park is part of the property of the cimema

I would be kicking up a severe stink about their entrapment

and tell them to get the claim cancelled.

 

 

If it is a cinema on a retail complex tehn complaining to the cinema chain head office about this may well yield results.

 

Meanwhile, dont panic,

these bandits rarely have a case to answer and they rely on fear to earn a dishonest crust.

 

 

Knowing what the signs say is helpful so if it is local to you

get a picture of any signage at the entrance to the car park.

If none present at the entrance the rest doesnt matter legally but would be useful.

 

Having googled the car park signs on the wall say that unauthorised or illegally parked cars will be hit with a charge. You were neither of them.

 

However,

the planning and licensing consent specifically bans the use of the car park for public parking so both Reel Cinemas and Minster Baywatch are in trouble should you really wish to make a fuss.

 

 

Essentially they are inviting you to break the law and you cannot consent to do that.

 

 

Your complaint to Reel HO should now have some effect.

I bet your ticket is cancelled and then it is business as usual for them.

[female_haggis]

The email that I sent to them was:

 

Dear sir/madam

 

I am appealing your £60 fine,

one because I don't have that sort of money and

two I paid for 3 hours as the movie was 2 to 2 and a half hours long,

 

 

had Reel put the movie on at the stated time instead of playing over half hour of adverts

followed by trailers I would have been back to the car in time...

 

 

..it is the first and last time I will ever use the Reel's car park..

 

 

..I am thoroughly upset and highly disappointed and will also never use Reel cinema ever again and use Vue instead.

 

 

I would have thought being the Reel cinema car park that they should put a sign up

stating we should allow for over running due to adverts and trailers.

I am also writing to Reel and The Press about this and it shouldn't be allowed to happen.

 

I have attached the reply letter they sent to me with the Notice to Keeper letter in PDF format below

 

Thank you for you help

Notice_to_Keeper.PDF

minster_baywatch_appeal-reply.PDF

[dx100uk]

giving them feelings grandeur by using the word fine..

they now know you don't know what you are talking about...

 

 

its NOT

only the police/council can fine you for parking.

its a speculative invoice.

[ericsbrother]

the NTK is not PoFA compliant

so if you hadnt written to them they would have automatically lost any claim.

 

As neither Reel not Minster baywatch can offer you a contract to park without breaking the law

my advice is to ignore anything from anyone that doesnt have lba as a header.

 

 

If you get a letter thus titled then come back here

and we will compose a short letter telling them where to get off and why

 

 

in the meanwhile either ignore or complain to the council licensing section

and ask them to enforce the planning restrictions in place or take away their public entertainment licence.

 

 

If you want to complain to Reel then complain to their head office

and tell them that you are going to object to their licence when it is up for renewal because of this criminal activity.

 

 

Dont bother with the local cinema, they do as they are told.

[female_haggis]

So best to ignore Minster Baywatch.......Thank you for your help, I will keep you informed of what happens

[dx100uk]

just don't ignore a claimform IF EVER one may come

[female_haggis]

ok thank you

[female_haggis]

They've wrote to me again saying the £60 is now £100 and they want additional costs making it £155

[silverfox1961]

They will try anything to part you from your hard earned. The ONLY way they can get a penny out of you is to take court action so I suggest you carry on ignoring unless a Letter Before Action arrives or they go silly sods and file a court claim.

If either of these scenarios occur, just come back for more assistance.

[female_haggis]

Thank you so much for your advice, I'll let you know what happens

[female_haggis]

looks like I have no choice now as I've just received a letter saying....

 

after reviewing your account, it has come to our attention that despite the attempts to encourage you to settle this account, payment regarding this matter has not been received. we now feel we have no other alternative other than to send your account to a debt recovery specialist to pursue this debt with you.

 

should our associates fail to obtain this payment. we will look to initiate court action and request a judgement be made against you. if this request is upheld, this may affect your ability to obtain future credit until time as the debt is satisfied

 

 

I have to pay don't I

 

Janie

[silverfox1961]

Everything that needs to be said is in this quote. I will adjust it so that you can see what I mean.

 

SHOULD our associates fail to obtain this payment. we will look to initiate court action and request a judgement be made against you.IF this request is upheld, this MAY affect your ability to obtain future credit until time as the debt is satisfied

 

For starters, they are not saying WILL but WE WILL LOOK TO. This has the same meaning as MAY.

 

To be clear, if they were to initiate court action, you can defend so they are not guaranteed a win. If they did win (by some miracle or by devious means) you have one month to pay before anything is added to a credit file. Note how they didn't mention that eh!

 

Also:

we now feel we have no other alternative other than to send your account to a debt recovery specialist to pursue this debt with you

 

That is an oxymoron. Nowhere have I ever seen the words 'specialist' and 'debt recovery ' in the same sentence. It will likely be Debt Recovery Plus who have absolutely no power over you.

[female_haggis]

so what should I do now

[dx100uk]

all and bugger.

 

 

a DCA IS NOT A BAILIFF

 

 

they have no such legal powers

[ericsbrother]

they will say anything but just like thos people with indian accents who say they are from Microsoft, you dont have to believe them.

[female_haggis]

I got another letter, I'll have to pay now won't I?

[dx100uk]

No why?

 

I've unapproved that

Ref nos are showing

[female_haggis]

it says letter before claim