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Minister Baywatch – Hollywood Park, Port Talbot, DEMAND FOR PAYMENT OF UNPAID CHANGE
Berrycar867
post Sun, 27 May 2018 - 10:40
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Morning all,

Newbie on here hope someone can help me?

Just received my second letter from these crooks regarding waiting at the above in late afternoon mid January - weather was wet dark and gloomy whilst my daughter attended a party at the leisure center next door and didn’t see the signs.

First letter came via my head office (company car) asking for £60 going up to £100 if not paid within 14 days - read up on this company and made a decision to ignore it. Second letter came yesterday demand has now gone up to £155!!!

Now not sure what to do as the last forum posts I can find are from 2017 and did not really show any conclusion.

Any help/advice on this would fantastic.

Look forward to hearing from anyone who has had positive experience regarding the above crooks.


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post Sun, 27 May 2018 - 10:40
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ostell
post Sun, 27 May 2018 - 10:53
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Doesn't matter about the particular company it's the general principles for fighting them. You have given nothing to work on.

So define company car. Is it owned by the company, ie their name is on the V5, or do they lease it from another company? This will determine which section of POFA to use, 9 or 13 & 14

If it's leased from another company did your company get a notice to hirer with all the relevant documents enclosed?

Post up the PCN, suitably redacted so identifying details are removed but leave dates. Post up pictures of the signs.

This post has been edited by ostell: Sun, 27 May 2018 - 10:57
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Berrycar867
post Sun, 27 May 2018 - 11:56
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Hi many thanks for your swift reply,

The car is leased from a company by my company - so first I heard about this was back in late March early April when I was sent an email from my company saying about this PCN and they had written back to MB to give them my details.

First letter came through dated 24th April - second letter came through yesterday. Can’t seem to upload them at the moment via my iPad? Think they might’ve be too big? Will get my son onto it when he gets in later.

Haven’t got any photos of the signs in the car park as I live about 50 miles away from the car park - but I’m down that area in the next few weeks will get some then.

Hope the above holds a bit more information than my first post?

This post has been edited by Berrycar867: Tue, 29 May 2018 - 20:58


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ostell
post Sun, 27 May 2018 - 16:24
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Edit any posts so that the identity of the driver cannot be inferred. You are the keeper of that car. Most important.

So we are dealing with paragraph 14 of POFA. As they don't know the driver, and there is no need to tell them, then they can use the provisions of POFA to hold the keeper liable for the charge but they have to strictly comply with the requirements of POFA. Your company should have written back to MB stating that you are the keeper of the car or dealt with it themselves. If they didn't then the department that deals with the lease cars needs some serious education. They can't say that you were the driver, they are not in a position to know.

As in the sticky thread READ THIS FIRST at the start of the forum post your images on an external website and then link to the pictures. Tinypic seems to work.

POFA 14 (2) (a) is the usual failure point for the parking companies. Have you received with the Notice to hirer, or did your company receive, the documents that are stated in that section of POFA? If the additional paperwork was not received then they have not complied with POFA and therefore they cannot hold the keeper liable for the actions of the driver at the time. You'll need to get a copy of the actual paperwork your company received, paperwork that is in their own name and not a forwarded copy that the lease company are required to send of the PCN they received.

They could also have failed to send the Notice to Hirer out in the allowed time but there are no documents to use to calculate this.

This post has been edited by ostell: Sun, 27 May 2018 - 16:28
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SchoolRunMum
post Tue, 29 May 2018 - 00:05
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QUOTE
First letter came through dated 24th April - second letter came through yesterday.
You need to appeal as hirer/lessee, to make sure MB do not revert to the company. DO NOT say who parked, use this template:

https://forums.moneysavingexpert.com/showth...d.php?t=5703794

You appear to have ignored the first letter. Why? You might not get a POPLA code now and this would be a cinch to beat at POPLA.
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ostell
post Tue, 29 May 2018 - 08:12
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Edit post #3 so that the identity of the possible driver cannot be inferred.
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Berrycar867
post Tue, 29 May 2018 - 20:57
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[attachment=55548:6309EF9B...25041B90.jpeg]

Hi again all - thanks for your messages,

Think I’ve worked out how to upload the latest letter now.

School/Runmum - just forgot to act on the first letter, family issues going on


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ostell
post Tue, 29 May 2018 - 21:52
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So how about answering some of the questions that were asked in post #4 ?

So where's the FIRST letter?
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Berrycar867
post Mon, 18 Jun 2018 - 17:12
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Hi all

Apologies, I’ve been away for a couple of weeks with no access to the letters.

I have attached the first two letters sent...

[attachment=56127:1EFBD947...F2EB60C1.jpeg]

[attachment=56128:0B2B6892...6532B4DE.jpeg]

Letter 1 - sent to my company
Letter 2 - sent directly to me


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Berrycar867 :-)
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Berrycar867
post Mon, 18 Jun 2018 - 17:25
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I’ve also received a “DEMAND FOR PAYMENT UNPAID CHARGE “ letter for £155.00 from MB dated 24th May, which I can’t seem to upload as no available upload space left?? And I have now received on Saturday a letter from DRP (Debt Recovery Plus Ltd) saying that MB have asked them to collect payment of £155.00 from me - again can’t upload this at the moment due to lack of upload space.

Any/all help and assistance on this would be much appreciated:-)


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ostell
post Mon, 18 Jun 2018 - 18:46
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You post the pictures on an external web site and like it to here, Just like the READ ME FIRST sticky tells you to do.

They have no proof that you were driving, you are merely the keeper. If your company said you were the driver how did they know that? they didn't

So answer the questions: Did you receive the additional documents prescribed by POFA 14 (2) (a) ? If not then look around for a BOGOFF (search for it) that addresses this situation.

You ignore DRP etc.

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