Jump to content
  • Tweets

  • Posts

    • Serco are not up to the job, but director's of Serco are buddies with Ministers handing out contracts like confetti on the back of Covid.  Track & Trace and Isolate should be a LA competence, not private firms on the make.   Interesting blog today, the genesis of the crisis started with Blair in 2005, subsequent administrations did nothing to improve responses to pandemic.   https://www.turbulenttimes.co.uk/news/corona/scared-to-death/    
    • Independent Sage met yesterday and has a new report out.   They think the national test and trace system doesn't work and are urging the government not to renew Serco's contract. They say the job should be done by GPs and local public health people who are already deal with the more complex cases and care homes.   https://www.independentsage.org/an-independent-sage-discussion-document-on-contact-tracing-and-self-isolation/
    • Thanks for your reply.   I don't have the money to get the repairs or inspections done to be honest.    It's a BMW 1 series.   I've learnt my lesson. I was having a pretty hard time with my health to be honest at the time. I bought it as a present to myself but was too trusting. 
    • This is a tricky one, BMW's , wide wheels, low profile tyres, stiff suspension over deviations, German Cars are known for that.  It might have winter tyres on, that would cause a rumble. My Volvo is also very weird like that.  It could also be a wheel bearing, which isn't expensive but would need to be done. Why not take it to your mechanic for a an inspection, or the AA/ RAC also do that.  I've learnt the hard way that's what you need to do before you buy the car,    What BMW is it?  I would only buy this brand of car at that age if it had a full history of every service and everything that has been spent on it during it's lifetime.
    • If you get somebody to cover for you on those last three days, are you saying you are OK?  ie you don't need to go to work in your old job and you can start the new one?  So that gives you what you want - yes?   If you can't get somebody to cover for you, you've got two potential courses of action - which may or may not be mutually exclusive.  First, ask if you can move your termination date forward by three days.  Obviously you won't get paid for those three days and whether your current trust will agree to this depends on what sort of relationship you have with your manager and how much they will need you to work those three days - or how easy you will be to replace.  If they say OK - you win.   Second, you don't turn up for work on those three days.  You will then technically be in breach of contract and in theory the trust could sue you for any financial loss they suffer as a result.  This would be the cost of employing somebody to replace you for those three days.  Will they need to replace you?  I suspect they would not bother to sue you, but nobody can guarantee they won't.  And what if you want a reference from them in future?  If you've already asked to bring your leave date forward, and they've refused, they may rightly conclude that you are taking the pi$$ if you don't turn up on those days, and they won't like it - or rather they won't like you...   Or, as I said before, get your new start date put back three days.   The thing is, your current employer can't extend your notice period unless you agree.  If they won't allow you to take leave owing to you during that notice period, they should pay you for it.  Whether you should write to them as I suggested earlier is more complicated because the situation is much less clear cut than you originally outlined.  (You had implied that they had already refused your request to take leave owing to you during your notice period and that you would have to extend your notice period to allow you to take that leave.  That isn't quite the position, is it?  And they haven't actually said they won't pay you for any leave you don't take, have they?)   Two other things: first, are you changing employer within the NHS?  If you are, it's a possibility that questions may be asked if you are in the pension scheme and you have two periods of full-time employment that overlap.   Second, your manager's email refers to "your last working day".  This is a little ambiguous and can cause a lot of confusion in the NHS.  You may wish to check whether they mean it is the last day of your employment (ie including any leave you are taking) or is it the last day you are actually present working.  Do you see the difference?  Managers often get hopelessly confused by this without HR guidance.  (And HR often get it wrong).   It's a pity you can't or won't seek union guidance if you are a member - that's what you pay for.
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
Kaleidosky

Minster Baywatch ANPR PCN - Cotswold, Lakeside Car Park GL7 5LU

Recommended Posts

I received a Parking Charge Notice for being in a car park for 20 minutes and wanted to get feedback from experienced people on how effective this defense tactic might be if they wish to take me to a small claims court. The invoice they sent was Parking fee covering visit duration was not paid in full.

 

I received the first letter but as soon as a 2nd letter arrives, my plan is to respond to them and say I never received the 1st letter to begin with so I had no opportunity to rectify the issue. I would say that I have no memory of this taking place since it was over a month ago and they only have a picture of my car entering and exiting but not my face (unless they have other cameras that I am not aware of).

 

I did some shopping and was coming back from the store, I decided to find somewhere to park by the lakeside which was quite a challenge since a lot of public areas are blocked off in this lockdown.  I went to this location to park up and was planning to stay here for an hour. I then realised that I couldn’t find my wallet anywhere. Checked my shopping bags, called the store to see if I left it there, checked under the car seats etc. Still frustrated and panicking because it had my house keys inside the wallet, I decided to leave knowing that I could not stay here and everywhere else was blocked off.

 

To be honest, I would pay the £60 fine just to get these scammers off my back and not add anymore unnecessary stress but I had to close my business down and have no money to pay it off anyway.

 

·       Should I tell them that I will only pay for the time I stayed there and not the unjustified amount of £100?

·       Is it best to send them a letter and not provide them with an email address?

·       Could losing my wallet be down to my poor negligence and so the judge will rule it out?

 

Will keep this thread updated with uploaded letters and their responses soon as it arrives.

Share this post


Link to post
Share on other sites

you don't appeal....

 

please complete this:

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

You do not lie to them in the way that you suggest above, otherwise you lose the moral high ground and sink to their level. Should it end up in the small claims court you would be on a very sticky wicket using such subterfuge.

 

As this is the UK, the word is defence, despite the predictive text that may appear.

  • Like 3

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

Share this post


Link to post
Share on other sites

Welcome to the Forum. Given the incompetence of the major parking companies and their inability to comply with the Laws relating to parking and form a contract with motorists it is probably best to leave them to lie in Court-they are so much better at it than any of us.

 

If you complete the details asked for by Dx100uk I am sure that you can beat them honestly. And that is so much better than winning by subterfuge.

 

In any event please do not contact them especially not before you have received their second PCN which often doesn't comply with POFA . And once it doesn't comply, there is no need to contact them at all. And regardless of the second PCN, do not respond in any way to them unless they send you a Letter of Claim [which won't be for months, if at all] and then you hit them between the eyes with all the reasons why their claim is a total scam.

 

The reason not to appeal is that it can weaken your defence and they will alter their line of attack if they know your reasons too early. And because they have so much wrong with their way of operating, there is no reason to pay he a penny. In a recent case, a Judge ripped that particular parking company to shreds and we all waiting with bated breath for the follow up which should be due out in the not too distant future. [EG possible jail sentences and or fines for the parking company which might also include the solicitors involved being punished too. Interesting days.

 

PS plese don't forget to answer the questions on post 2 so that we can show you where your particular bunch of crooks have got it wrong.

  • Like 2

Share this post


Link to post
Share on other sites

Thank you all for the help and the wise words from everyone here.

I feel a lot less anxious now that I have descent options around to resolve this with.

 

 

 

*decent

Share this post


Link to post
Share on other sites

please complete the sticky then we have all the correct info to advise you properly

do not ignore a letter of claim.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

For PCN's received through the post [ANPR camera capture]

 

1 Date of the infringement

09-06-2020
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

16-06-2020

 

3 Date received

16-06-2020
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Y
 

5 Is there any photographic evidence of the event?

Y
 

6 Have you appealed? [Y/N?] post up your appeal]

N
 

Have you had a response? [Y/N?] post it up

N
 

7 Who is the parking company?

Minster Baywatch
 

8. Where exactly [carpark name and town]

Cotswold, Lakeside Car Park GL7 5LU
 

For either option, does it say which appeals body they operate under.

BPA
 

MinsterBaywatch.pdf

Share this post


Link to post
Share on other sites

Hi.

 

Thank you for the information, it will help us to advise you.

 

Is this car park just for Cotswold customers or are there other shops there as well please? Assuming you mean a Cotswold shop.

 

I've edited your thread title a bit.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Hi HoneyBee13,

 

Thank you for your time - The nearest cornerstop is about a mile away in South Cerney village.

 

Kal

Share this post


Link to post
Share on other sites

its a car park at the side of a lake

 

simplest thing to do is ignore them until or unless you get a letter of claim.

 

then comeback here.

 

i will gather you didn't buy a ticket at all?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites
18 minutes ago, Kaleidosky said:

Hi HoneyBee13,

 

Thank you for your time - The nearest cornerstop is about a mile away in South Cerney village.

 

Kal

 

Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me. :lol:

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Hi dx100uk, 

 

OK will do, I'll wait for that possible stage to come and keep this updated when I can.

 

I didn't buy a parking ticket.

 

Kal

 

...

 

 

 

Way off topic but I love your profile pic, gonna listen now and allow Jeff Beck to send shivers down my spine in his epic WGW P3 solo ✌️

 

 

Share this post


Link to post
Share on other sites

the 5.1 is better for that solo from jeff

 

if you go that way again

get pictures of all the signs inc the small print

where they are 

and the machine ones.

and the view from the public road 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

check your dates for the receipt of their letter, it appears as though you got it before it was posted.

 

I have looked on goggleyes and there is no signage at the entrance to the land from the public highway so how are you supposed to know about any conditions for parking there?

 

typical Minster, they are useless when it comes to their signage.

I bet the wording of the sign is pants as well, assuming you can find one.

 

Now if t was P&D the signs aren't contracts either, the blurb on the m/c is and you only accept when you feed the meter so the signs are just "invitations to treat".

 

Ignore their letter for the moment but do go and get some pictures of the signs and equipment at the site of you can, including the cameras on poles they use to do ANPR capture

  • Like 1

Share this post


Link to post
Share on other sites

Hi ericsbrother,

 

Will certainly take pictures around the site and everywhere related to the area in a few days time. 

 

A year ago, it was completely free and I have been coming down this place for years before Minster took over the land. I would even pick up the rubbish if there was any, due to wildlife and a swans nest nearby.

 

Probably irrelevant in my defence but last time I was there, the bins were overfilled and there was rubbish blowing around the car park so they're certainly not maintaining the place. 

 

Kal

Share this post


Link to post
Share on other sites

Minster didn't take over the land, they wangled their way into being given a contract to "manage" the site, usually by misrepresenting what exactly they do for their money.

 

The land is owned by someone and often then managed by a property management co who get a free golf day or similar for signing on the dotted line. Chances are there is no chain of authority back to the actual landowner.

 

have a look on the council planning portal and see if there is anything that comes up for this location as far as applications etc.

 

Minster are supposed to get PP for their signage etc, planning law for ANPR cameras on poles is different than that for CCTV on buildings so again chances are no permission and that means you cant enter into a contract even if you wanted to.

  • Like 1

Share this post


Link to post
Share on other sites

Here is my 2nd letter from Minster Baywatch, arrived last week on 15th July. I haven't responded to Minster.

 

I will also upload all the photos that I took this morning on a single canvas.  

 

Update - Just checked the Cotswold Council Planning Permission applications and nothing is coming up about Minster Baywatch let alone anything about ANPR cameras on poles.

 

I'm going to provide all the information collected and take it to my local press and council to see how that plays out.

Would this be a good idea and would it be better if I wait till I receive a Letter of Claim first? 

 

Kal

2nd_letter_and_images.pdf

Share this post


Link to post
Share on other sites

it isn't surprising that there are no planning permissions.

 

Once the contracts have been signed between the Minster and the land owners have been completed only then can the signage and cameras be submitted to the Council for approval. Since that can take several weeks and the Council may decide that they are unhappy with the wording on some of the signs and the length of time that motorists are allowed to stay putting approval further back, it is much quicker to ignore the need for permission and go get started straight away.

 

The good thing about it is that it helps your case no end.

First it is a criminal offence, which means they have failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park.

 

It also calls into question their ability to be able to collect data from the DVLA.

 

They are in breach of  the Town and Country [advertisements] Regulations 2007 by not having the necessary permission though it does not appear to carry too much weight sometimes in Court despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by 

The Consumer Protection from Unfair Trading Regulations 2008

Section 5 Misleading Actions

[3] ]b]  b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply  with

It may be that it is this Law that carries more weight in Court than the Council Regulation and is worth stressing in your defence. it does carry a sfine or imprisonment which may mean that Minster will discontinue your case to avoid the risk of finding out, plus if a Judge did take action because of that Act it could  anger of all the other parking crooks being hit with the same Act.

  • Like 1

Share this post


Link to post
Share on other sites

as they are members of the BPA they will be truly dogknotted at court for not following the BPA CoP.

IPC members join them because they dont have to obey the law as Will and John have superpowers

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...