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Minster Baywatch PCN Claimform - Grosvenor Casino in Newcastle


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Thanks guys... Al has been kind enough to help with my defence... I'm pretty nervous about it all now - I'm wondering about counterclaiming but I'm not sure how much for (travel and time should be paid really), though again Al has given me good advice on getting them to pay.

 

I could do with support more than anything right now! :)

 

pieboy

 

How did you get on? I have received County Court papers now and wondered if you share your defence with me.

 

Cheers

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Bernie_the_Bolt said:

 

Great letter Bernie. I just wish I'd seen it a few months ago.

You don't have any defence letters do you?

 

I have ignored all the letters from Roxburghe and Graham White but have just just received County Court Claim papers from Northampton County Court on behalf of another PPC they act for, Minster Baywatch.

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Sorry, no I don't. For a defence it would need to be specific.

If you anonymise and post the claim papers I'd be happy to draft a response that I would think of using if I got the claim and no doubt others will too and you can make your own mind up.

 

Cheers

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I parked in the car park of the Grosvenor Casino in Newcastle in June last year.

I have been a member of the casino for over 10 years and have used this car park on numerous occasions in the past. Obviously, somewhere between the last time I parked there and this time they have contracted Minster Baywatch to control the car park.

 

Due to the numerous times I have parked there in the past I honestly hand on heart did not see the notice signs. When I returned to the car I seen the notice on my windscreen and only then noticed the signage.

 

I rang the casino and they confirmed that the car park was free to members with a caveat of only when the casino was open for business. Obviously I was unaware of this to this point.

 

I googled Minster Baywatch and found all the forums advising me not to pay etc.

I also found a template letter on Martin Lewis site.

When my invoice arrived I sent them the template letter saying I was not paying.

 

I have ignored all letter since from Roxburgh and Graham White solicitors.

I have also ignored the phone calls.

(Still don't know where they got my telephone number from as I am ex-directory and also on the TPS list.)

 

I have now received a County Court letter from Northampton Court using their Money Claim On-line service.

 

The particulars of the claim are just that my car was parked in contravention of the rules of the private car parking facility at the casino. They are claiming £125 plus £25 court fee, so £150 in total.

 

My only defence is I really really did not see the signs and I was also unaware that that you are only allowed to park there when the casino was open.

 

I also think that £150 is a bit harsh for an honest mistake.

 

Hope you can help.

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Sorry, no I don't. For a defence it would need to be specific.

If you anonymise and post the claim papers I'd be happy to draft a response that I would think of using if I got the claim and no doubt others will too and you can make your own mind up.

 

Cheers

 

Basically, I parked in the car park of the Grosvenor Casino in Newcastle in June last year. I have been a member of the casino for over 10 years and have used this car park on numerous occasions in the past. Obviously, somewhere between the last time I parked there and this time they have contracted Minster Baywatch to control the car park.

Due to the numerous times I have parked there in the past I honestly hand on heart did not see the notice signs. When I returned to the car I seen the notice on my windscreen and only then noticed the signage.

I rang the casino and they confirmed that the car park was free to members with a caveat of only when the casino was open for business. Obviously I was unaware of this.

I googled Minster Baywatch and found all the forums advising me not to pay etc. I also found a template letter on Martin Lewis site. When my invoice arrived I sent them the template letter saying I was not paying.

I have ignored all letters since from Roxburgh and Graham White solicitors. I have also ignored the phone calls. (Still don't know where they got my telephone number from as I am ex-directory and also on the TPS list.)

Anyway I have now received a County Court letter from Northampton Court using their Money Claim On-line service.

The particulars of the claim are just that my car was parked in contravention of the rules of the private car parking facility at the casino. They are claiming £125 plus £25 court fee, so £150 in total.

My only defence is I really really did not see the signs and I was also unaware that that you are only allowed to park there when the casino was open. I also think that £150 is a bit harsh for an honest mistake.

Hope you can help.

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Start your own thread and spell out the particulars of claim.

 

Sorry, can't see the tab for start new thread.

 

Basically, I parked in the car park of the Grosvenor Casino in Newcastle in June last year. I have been a member of the casino for over 10 years and have used this car park on numerous occasions in the past. Obviously, somewhere between the last time I parked there and this time they have contracted Minster Baywatch to control the car park.

Due to the numerous times I have parked there in the past I honestly hand on heart did not see the notice signs. When I returned to the car I seen the notice on my windscreen and only then noticed the signage.

I rang the casino and they confirmed that the car park was free to members with a caveat of only when the casino was open for business. Obviously I was unaware of this.

I googled Minster Baywatch and found all the forums advising me not to pay etc. I also found a template letter on Martin Lewis site. When my invoice arrived I sent them the template letter saying I was not paying.

I have ignored all letters since from Roxburgh and Graham White solicitors. I have also ignored the phone calls. (Still don't know where they got my telephone number from as I am ex-directory and also on the TPS list.)

Anyway I have now received a County Court letter from Northampton Court using their Money Claim On-line service.

The particulars of the claim are just that my car was parked in contravention of the rules of the private car parking facility at the casino. They are claiming £125 plus £25 court fee, so £150 in total.

My only defence is I really really did not see the signs and I was also unaware that that you are only allowed to park there when the casino was open. I also think that £150 is a bit harsh for an honest mistake.

Hope you can help.

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PM sent.

 

In the meantime contact the casino and ask for retrospective permission to park in writing. Tell them you have been a loyal customer for 10 years and now have to take a day off work to defend yourself in court, which is hardly the way to treat someone who has been a member for a decade.

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This might be my starter for a defence to file:

 

The defendant concedes only that he is the Registered Keeper of the vehicle in question.

 

The defendant denies that he entered into any actual or purported contract with the claimant or their principal.

 

The defendant denies that any other party entered, as the defendant's agent, into any actual or purported contract with the claimant or their principal.

 

The defendant denies any trespass by himself or any agent of his on the claimant's land or the claimant's principal's land.

 

The defendant denies that the sums claimed or any sums at all are due to the claimant from the defendant.

 

Without prejudice to the statements made above, the defendant asserts that the amounts claimed constitute an unlawful penalty charge.

 

The defendant relies on established case law including, inter alia, Dunlop Pneumatic Tyre Company Limited -v- New Garage and Motor Company Limited [1915] AC 79 and Excel Parking Group -v- Hetherington-Jakeman in the Mansfield County Court on 18 March 2008.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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See here.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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A127 has been a great help. He thinks I should apply to have the whole case struck out from the start and has provided the following particulars as to why.

 

 

 

The Defendant respectfully requests the claim be struck out under Civil Procedure Rules 3.4 because the particulars of claim:

a)) do not disclose a cause of action, such that there is no reasonable ground for bringing the claim

and;

b) do not contain a sufficient precise statement of the facts upon which the claimant relies,

The statement 'parked in contravention of the rules of the car parking facility' are non-sensical and have no legal basis. Without information about 'the rules' or the legal basis under which £150 is being claimed, the Claimant fails to see how a defence can be submitted if the Claimant will not elaborate in his Particulars.

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