Minster Baywatch PCN - wrong reg - Folly Hall Mills Carpark, Huddersfield

[Denny Smith]

Hi all,

 

I recently received a Parking Charge Notice from Minster Baywatch for 'unauthorised' use of their carpark.

 

They're wanting £100, reduced to £60 if paid within 14 days - from other cases I've been reading on here, this is the usual, generous 'discount' they offer. 

 

I have already appealed and got a rejection, in which I accepted that I was the driver and keeper of the vehicle. Since coming across this page, I now understand that this was a definite mistake - hence, I am asking for advice so I can approach everything correctly from now on.

 

I'll give a quick rundown of the situation, but this is also explained in the appeal I have attached. I was attending JD gym, Huddersfield, which I am a member of. Members are permitted to use the car park given that they enter their VRN on an iPad situated in the reception area. 

 

In my appeal, I explain that I entered my details into the iPad like EVERY other visit and that there must have been a technological error - of course this got rejected just as I gather is the case with every other appeal they receive. 

 

Finally, I now notice that the different between the date of infringement and date on the NTK is not within 14 days, if I have worked that out correctly. Is it possible to use this to my advantage even after having already appealed?

 

I understand that the advice now is most likely to wait and see if they send a Letter Before Claim. However I hope you can explain my chances if this happens, I am not afraid to get stuck in and defend myself if need be. 

 

Thank you in advance

 

1. Date of the infringement

25/10/2020

2. Date on the NTK

9/11/2020

3. Date received

12/11/2020 -  I don't have any proof of this however I know this is true as I sent the appeal email the same day that it arrived.

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

N

5. Is there any photographic evidence of the event? 

Y

6. Have you appealed? 

Y

7. Have you had a response? 

Y

8. Where exactly [carpark name and town]

Folly Hall Mills Carpark, Huddersfield

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

BPA

NTK Front, NTK Back, Appeal, Appeal Reply.pdf

[dx100uk]

5 minutes ago, Denny Smith said:

I understand that the advice now is most likely to wait and see if they send a Letter Before Claim.

 

nothing more you can do bar that.

its worthy to note the reg number issues are soon to be removed from the list of reasons they can issue a speculative invoice for.

[Denny Smith]

Thank you for your reply. 

 

Could you possibly explain what you mean by the reg number issues? Or where I can look to understand this.

 

Am I correct in thinking that I can ignore any contact from MB unless it is titled something along the lines of Letter Before Claim / Action. 

 

If in the eventuality that I do receive one of these, can I continue communication on this same thread seeking advise on my defence / options?

 

I appreciate you taking the time to reply.

 

Have a great day. 

[FTMDave]

You've underlined the mistakes yourself, don't beat yourself up too much, we've all been there, just learn to get it right in the future.  Well done on all the reading up you've done to find out how these vile companies work. 

 

Unfortunately I think the 14 days is irrelevant as you've outed yourself as the driver.

 

An immediate thought is to get on to the gym and push them to get the ticket cancelled.  Now I note the car park is used by customers of various businesses so this might not be possible, however, nothing ventured ...

[dx100uk]

Government CoP Proposals Out Today - Private Land Parking Enforcement - Consumer Action Group

 

simply post here if if if you ever get a letter of claim.

 

but just remember:

 

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

so don't get confused..

[FTMDave]

I've changed the thread title to show location.

 

Yes, of course if you get a LBA come back here, we'll be happy to help you fight it.

 

Legally speaking, wrong registration cases are the easiest to fight.  What did Minster Baywatch lose?  Absolutely nothing.  You had every right to be there.  Judges have ruled on this many times, inputting the wrong reg (if indeed this is what you did) is "de minimis" ("the law does not deal with trivialities").  Even the BPA, crooks though they are, have told their members they shouldn't issue tickets for singled digit errors, and I see dx has just linked to the government proposals. 

[Denny Smith]

Thanks to both of you.

 

I have one final note for now :

hypothetically let's say their VRN database shows no record of similar registrations to mine entered on that day. Would this put me in poor shape for my defence?

 

Cheers.

 

 

Edited November 29, 2020 by Denny Smith

[dx100uk]

it probably wouldn't turn out like that anyway.

there are very few mister baywatch claims at all

 

[lookinforinfo]

As dx100uk has already said there does not look like there is much chance of Minster going all the way with this although they will still huff and puff and you will get letters from unregulated debt collectors and third rate legal companies which can be safely ignored.

Obviously if they send you a Letter of Claim come back and let us know.

 

If you get other PCNs in the future from other companies do not appeal.

Most PCNs include the statement about POFA which if worded correctly allows them to pursue the keeper if they cannot find the name of the driver.

 

If they do not know the name the driver it makes it more difficult to take the motorist to Court .

So often when appealing the name of the driver is revealed which makes it easier for the crooks to go to Court.

[brassnecked]

If they did, wrong reg no is in law a trifle, De Minimis is the legal term, if they sued on that it would be chucked out, as already mentioned in the new guidelines wrong reg no will be banned as a reason to invoice someone, with multiple use of different vehicles makes that a common occurence, even miskeying a wrong digit, also rubbish cheapo ANPR confusing letter O and  numeral 0  zero