Minster Baywatch ANPR PCN - payment machine didnt work on cards cash only - Cuerden Valley Park, Preston

[myhandle97]

Helping out my parents with a parking charge, they wanted to pay on the day but the payment machine wouldn't take payment with a credit card and they had no change.

They entered the car park on 12 July at 13:32 and left at 14:44

A letter issued 26 July arrived today 29 July.

Is the operator therefore in breach of their code of practice which requires that the letter be delivered within 14 days after the parking event occurred ?

Is appealing to POPLA the best route ?

Regards,

Andy

[Nicky Boy]

Hi Andy and welcome to the PPC forum.

First thing is DO NOT appeal!

You might very easily throw away useful protection under POFA 2012 regulations.

POFA is actually where the 14 day rule comes from as well.

The fleecers code of practice only contains it because they have no choice.

Anyway, please fill out this sticky so the guys can offer further advice.

 Oh and start having a read around the forum so you can see the type of vermin you're dealing with. You could start with our "successes" threads.

 

[lookinforinfo]

The PCN is not compliant with the Protection of Freedoms Act 2012..Had it been compliant after 28 days without the charge being paid the keeper becomes liable for the charge. As it is not compliant only the driver is liable to pay the charge which is why we recommend not to appeal since it is so easy for the keeper to say "When I parked the car" for example. That alerts the parking company to the fact that the keeper and the driver are the same person. 

When you bear in mind that anyone with a valid motor insurance policy is able to drive anyone's car it makes it very difficult to convince the Court that the keeper and the driver are the same person when no appeal has been made. Of course in your parents case if the keeper was not the driver they are in the clear and do not have to worry.

[myhandle97]

Thank you,

I have had dealings myself in the past with both ParkingEye and G24, and I myself would be confident in filing this one in the recycling bin,

however in this case I'd like to help my father (keeper) to a dismissal of the charge if possible.

My father is the registered keeper but was not the driver, in fact at the moment he is medically disqualified from driving.

1 Date of the infringement 12 July 2023 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Dated 26 July 2023 

3 Date received 29 Jul 2023 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO 

5 Is there any photographic evidence of the event? Yes, no faces 

6 Have you appealed? [Y/N?] post up your appeal] No 

7 Who is the parking company? Minster Baywatch

8. Where exactly [carpark name and town] Cuerden Valley Park, Preston 

BPA

MinsterBaywatch.pdf

[Nicky Boy]

Medically disqualified from driving is a brilliant defence!

Let them try that one.

Anyway, with your experience, you'll know the drill to ignore everything except a letter of claim?

If one appears, come back for another chat.

[dx100uk]

is your dad saying the machine usual does work on cards but was faulty on the day?

dx

 

[myhandle97]

To be honest, I don't know how often he goes, I will ask, but I think the answer is not often.

Enquiries were made with the council today as to whether it was known that the machine was faulty, they said not although did say that they were aware that the cameras had been off the internet in the recent past, though not on 12 July unfortunately.

Can I ask, is this something that POPLA could close off, with the issue of the dates (17 days to get the NTK between parking event and letter with keeper) ? A clean close to the case would put his mind at rest.

[dx100uk]

council?

nothing to do with the council?

if the machine has worked on his card before then it wasnt, MBW would know this and might wave the charge.

there is no way to sort this out other than paying it or them cancelling it .

now if you could get admittance/evidence the machine was faulty on the day ( and your dad obv wont be the only one i bet) then popla might rule in his favour.

pretty sure we've seen this before .

 

dx

 

 

[myhandle97]

I mentioned the council as the car park is there for users of a council maintained country park, managed by MBW. Maybe the council were aware of a fault.

I don't know precisely how or why these machines fail to take payment, quite possible that a short outage affects only one user.

At the end of the day, the keeper wasn't driving and NTK has been sent too slowly, who if anyone holds MBW to their code of practice? 

[dx100uk]

they wont cancel it for the reason of it was 3 days late no.

offence was 12th, PCN was 26th. the fact it did not arrive till 29th is pretty much immaterial AFAIK.

your best bet is proof the machine, p'haps because of the loss of internet access, was not allowing card use.

so there was no council CCTV not working that day..your answer is confusing..

no council CCTV might also point to no internet thus no card use...get where im going?

dx

 

 

[Nicky Boy]

Keep in mind that to get to the POPLA stage, you'd have to appeal to the fleecers first. They will refuse the appeal.

Just be careful not to name the driver or give away the info that the registered keeper is disqualified from driving. Just in case the appeals fail and they try court.

[FTMDave]

Sorry, but there is no easy fix.

The fleecers will continue to send their threatening letters.

However as the PCN is out of time they are highly unlikely to try court, and if they did they would lose.