Minster Baywatch PCN

[222helen]

But who is the registered keeper?

Sorry, he is the owner and registered keeper. I looked for the V5 document to check the details, but I couldn't find it.

[atticus]

Are you saying that the Notice to Keeper was not sent to the registered keeper of the vehicle, that is to say the person registered at DVLA as being the keeper?

[222helen]

Are you saying that the Notice to Keeper was not sent to the registered keeper of the vehicle, that is to say the person registered at DVLA as being the keeper?

They addressed it to

The Company Secretary
My Partner's Name
Address 1
Address 2
City
Postcode

He's not the company secretary as he does not have a company.

[atticus]

So after all that it was sent to the keeper and not a company.

[222helen]

So after all that it was sent to the keeper and not a company.

I do apologise, this is all new to me, and I do not know what or to who it should be addressed.

[des8]

So it was sent to the correct person

The PCN does not state "a specified period of parking" but only the times the vehicle was recorded as entering and leaving the park.

You can use the following as a template:

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely,
!)
2)
as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

first class post with free certificate of posting from a post office


They will likely reject your appeal and you will then be able to take it to PoPLA.

[222helen]

So it was sent to the correct person

The PCN does not state "a specified period of parking" but only the times the vehicle was recorded as entering and leaving the park.

You can use the following as a template:

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely,
!)
2)
as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

first class post with free certificate of posting from a post office


They will likely reject your appeal and you will then be able to take it to PoPLA.

Thank you so much. I will write that and post it today.

[atticus]

Don't forget to fill in the gaps!

[222helen]

Don't forget to fill in the gaps!

Yes, I copied them from the other post, but I admit it confused me initially.

On the subject of the address, my partner would have binned the letter believing it was junk mail. He discards anything that isn't addressed correctly, but his son was visiting due to ill health, and he opened it. What would happen if he did discard it?

[des8]

Your husband would probably have received a reminder.
If that was ignored then either debt collector's letter or court papers (i think they instruct Gladstones to act on their behalf)

Of course if the appeals fail they might well proceed to court.

[222helen]

Your husband would probably have received a reminder.
If that was ignored then either debt collector's letter or court papers (i think they instruct Gladstones to act on their behalf)

Of course if the appeals fail they might well proceed to court.

Well, with your help, I have tried to avoid the charge.

My partner contacted the top person at the National Trust, and one of her mignons replied. They said to contact the Gloucestershire Wildlife Trust as the NT is only a partner at the site. He contacted GWT and received what amounted to a scripted response. I suggest the complaints on Trip Advisor have meant they get lots of e-mails regarding Minster Baywatch. They replied and said they do not intervene in parking disputes.

I have learned they only take the ticket fees, and any penalties go direct to Minster Baywatch. We have told both the NT and GWT we will not return to the site and will go out of our way to warn friends and family.

Thank you again

[222helen]

Hi,

I apologise for the lack of activity, we all caught Covid, and it hit my partner hard. He has not recovered correctly yet.

The reply from MB arrived on 19/10/22, and I have tried to post images suitably redacted.

They seem to have ignored the premise of the appeal; namely, they failed to comply with POFA 2012 as advised by des8 and say the vehicle contravened the terms and conditions of parking. They have quoted https://www.supremecourt.uk/cases/uksc-2015-0116.html

I am not legally trained, but I am unsure if POFA was involved. Beavis appears to be the driver, whereas we don't know who the driver was, and the failure to comply with POFA 2012 means the liability cannot be transferred to the keeper.

[des8]

So appeal to POPLA.
It is free to you (but not the parking company!)

If you don't agree with the POPLA outcome, you can let it go to court.
The company has to abide by the POPLA decision

[222helen]

So appeal to POPLA.
It is free to you (but not the parking company!)

If you don't agree with the POPLA outcome, you can let it go to court.
The company has to abide by the POPLA decision

Please, can I ask if I reiterate the failure to comply with POFA 2012 as you highlighted? Is there a template or should I reuse the one above?

Thank you again.

[des8]

A good place to start is the Popla page: https://appealform.popla.co.uk/#/StartAppeal/Index

Do not identify the driver, and besides including the points already mentioned include anything else you can think of.
Your appeal basically is that their failure to comply exactly with the Schedule 4 of PoFA 2012 means they cannot pass liability on to the registered keeper

Good luck