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Parking Charge Notice - free but hatched markings
Dora12
post Fri, 23 Aug 2019 - 17:42
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Hello,

After reading the posts in this forum I think I should ignore this as it’s a private car park but wanted to just double check so that I don’t get into bother.

The driver was parked at a shopping centre in the free car park, there were no mother and baby spaces so The driver parked on the end space closest to the safe crossing as The driver doesnt like walking too far behind or in front of parked cars with their children (1 baby in a pram and 1 3 year old). The driver was alone and parked wide over the space to allow them to get the children out easily as there are concrete posts on the lower level car park. The driver was parked in an end space but as The driver had parked wide 1 third of the car was over the hatched markings, these aren’t for an exit or blocking any emergency routes just hatched markings on the end of the row, as I say it wasn’t the full car, (the driver is not excusing themselves just giving the reasons as to why They parked like this). The car has a baby on board sign and also both child seats are visible on the photograph on the PCN I’ve received so I would have thought it was obvious why She’s the driver parked wide of the concrete posts to allow them to get children in and out of the vehicle.

It’s from “Minster Baywatch Ltd (the creditor)” and they want to charge me £100 or £60 if I pay within the next 14 days. There was no notice stuck to my vehicle when The driver got back to my car, the letter arriving today is the first I heard of it.

Am I safe to ignore this?

This post has been edited by Dora12: Tue, 27 Aug 2019 - 11:10
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post Fri, 23 Aug 2019 - 17:42
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Jlc
post Fri, 23 Aug 2019 - 18:01
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QUOTE (Dora12 @ Fri, 23 Aug 2019 - 18:42) *
Am I safe to ignore this?

No.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Jlc
post Fri, 23 Aug 2019 - 18:12
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Does the PCN refer to keeper liability (Protection of Freedoms Act)?

I presume the signs say to park completely within a bay?

This post has been edited by Jlc: Fri, 23 Aug 2019 - 18:13


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Dora12
post Fri, 23 Aug 2019 - 19:44
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QUOTE (Jlc @ Fri, 23 Aug 2019 - 18:12) *
Does the PCN refer to keeper liability (Protection of Freedoms Act)?

Yes it does, The Protection of Freedoms Act 2012 schedule 4

I presume the signs say to park completely within a bay?

I’m not actually sure, id have to go back and look for signage - I can’t say I’ve seen it but then I’ve not been looking for it as I normally park in mother and baby, it’s just very busy in the school holidays so they were all full.

The letter says “vehicle was not parked in a designated parking area” “vehicle was parked on a hatched area”

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The Rookie
post Sat, 24 Aug 2019 - 10:55
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QUOTE (Dora12 @ Fri, 23 Aug 2019 - 18:42) *
After reading the posts in this forum I think I should ignore this as it’s a private car park

Which posts? Ignore hasn't been advocated for nearly 7 years EXCEPT if you live, and/or the car park is, in Scotland?

NEVER give away driver ID (as you read in those other posts) so explain what the driver did using 'the driver' not anything else (you'll need to edit your posts). You will deal with this as 'the keeper' which is a separate legal entity.

Mincing Baywatch are not usually good on PoFA compliance despite claiming they are.

This post has been edited by The Rookie: Sat, 24 Aug 2019 - 10:58


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Dora12
post Sat, 24 Aug 2019 - 12:25
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QUOTE (The Rookie @ Sat, 24 Aug 2019 - 10:55) *
QUOTE (Dora12 @ Fri, 23 Aug 2019 - 18:42) *
After reading the posts in this forum I think I should ignore this as it’s a private car park

Which posts? Ignore hasn't been advocated for nearly 7 years EXCEPT if you live, and/or the car park is, in Scotland?

NEVER give away driver ID (as you read in those other posts) so explain what the driver did using 'the driver' not anything else (you'll need to edit your posts). You will deal with this as 'the keeper' which is a separate legal entity.

Mincing Baywatch are not usually good on PoFA compliance despite claiming they are.



Ok so I need to pay it then? There’s nothing really to challenge, I am parked in a bay but part of my vehicle is on the hatched markings so from a challenge perspective there’s nothing to challenge. The ignore posts I read were all from the standing of its a free car park on private land so it means nothing
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Jlc
post Sat, 24 Aug 2019 - 12:35
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How did you conclude that???

QUOTE (Dora12 @ Sat, 24 Aug 2019 - 13:25) *
The ignore posts I read were all from the standing of its a free car park on private land so it means nothing

Things have moved on a lot - that conclusion is not correct.

Post up a redacted copy of the notice.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Macapaca
post Sat, 24 Aug 2019 - 12:41
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No you don't need to pay it but you certainly should not ignore it. I can't imagine what posts you have been reading to come up with a conclusion of ignore or pay!
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Dora12
post Sat, 24 Aug 2019 - 14:45
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QUOTE (Macapaca @ Sat, 24 Aug 2019 - 12:41) *
No you don't need to pay it but you certainly should not ignore it. I can't imagine what posts you have been reading to come up with a conclusion of ignore or pay!


It was from google searches of minster baywatch so there were various posts from different sites, MSE etc and also a local page that was specifically related to the shopping centre.

So if ignoring it isn’t the right thing to do and the option would be challenging it, the things I’d read about challenging were things like being charged for parking in paid spaces when they’d already paid, or staying in spaces for longer than 10 minutes so they were challenging the amount. Whereas I can’t find a post which is same as my circumstance - some of my car encroaching over the hatched area out of the bay so if that’s why I was saying should I pay it as I clearly can’t challenge it since they’re right, I was over the bay. So that’s why I was asking, should I be paying it then.

QUOTE (Jlc @ Sat, 24 Aug 2019 - 12:35) *
How did you conclude that???

QUOTE (Dora12 @ Sat, 24 Aug 2019 - 13:25) *
The ignore posts I read were all from the standing of its a free car park on private land so it means nothing

Things have moved on a lot - that conclusion is not correct.

Post up a redacted copy of the notice.


Do you need to see the pictures (without number plate) or just the wording of the letter?
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Jlc
post Sat, 24 Aug 2019 - 15:04
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Both...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Dora12
post Sat, 24 Aug 2019 - 17:01
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QUOTE (Jlc @ Sat, 24 Aug 2019 - 15:04) *
Both...


If it’s too blurry to read let me know and I’ll type it up, appreciate everyone’s time in trying to help with this.


Sorry this one didn’t attach

Just quickly typing the letter up - it won’t let me add the picture as it’s too large....
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Dora12
post Sat, 24 Aug 2019 - 17:19
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NOTICE TO KEEPER OR HIRE COMPANY

We have obtained your details from the DVLA under a “reasonable cause” request as you were the registered keeper of the vehicle specified at: 15:50 on 17/08/2019

A parking charge notice has been issued as your vehicle was involved in breaching the stated contractual terms and conditions of use which were clearly displayed via signage and agreed by the driver when the vehicle entered the stated location, specifically:

Vehicle was not parked in a designated parking area

Vehicle was parked in a hatched area

You are notified under The Protection of Freedoms act 2012, schedule 4, that you are now required to do one of the following: pay the outstanding amount if you were the driver of this vehicle; if you were not the driver, provide us with the full name of the driver of the vehicle along with their current address where a notice can be served - you should also pass this notice to the driver.

You are warned that if, after 29 days from the date given (which is presumed to be the second working day after the Date issued), the Parking Charge has not been paid in full and Minster Baywatch Ltd (the Creditor) does not know both the name and current address of the service driver, we have the right to recover any unpaid part of the Parking Charge from you as you are the registered keeper of the vehicle. We may also include additional costs for any debt recovery action.

Please note that we will accept a reduced amount of £60 if the payment is made within 14 days of this letter. After this date, however, the reduced amount will no longer be available.

Should you wish to make an appeal or representation against this parking charge notice, details are included on the reverse of this notice.

Should you choose to ignore this notice, please be aware that Minster Baywatch Ltd may pursue this matter through the county court if necessary. Should court proceedings be issued, further costs incurred by minster Baywatch May be added. These include but not limited to the cost of issuing the court claim, credit referencing agency costs and our solicitors costs.
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Dora12
post Mon, 26 Aug 2019 - 19:15
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Bump
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The Rookie
post Tue, 27 Aug 2019 - 05:29
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QUOTE (The Rookie @ Sat, 24 Aug 2019 - 10:55) *
NEVER give away driver ID (as you read in those other posts) so explain what the driver did using 'the driver' not anything else (you'll need to edit your posts). You will deal with this as 'the keeper' which is a separate legal entity.

EDIT YOU POSTS NOW, 'the driver' NOTHING else, they read here and could already have a printout.......

This post has been edited by The Rookie: Tue, 27 Aug 2019 - 05:32


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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