3. Crickley Hill (Minster Baywatch)
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JaspaC

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Crickley Hill (Minster Baywatch)
« on: July 01, 2023, 04:40:44 pm »
Hi Pepipoo,


My partner has received a 'Notice to Keeper or Hire Company' from Minster Baywatch with a £100 fine (£60 within 14 days) relating to a car park at Crickley Hill in Gloucestershire.

We were both in the car and we drove to the car park intending to go for a nice walk there. On the way there we got into a bit of an argument and ended up sitting in the car talking things through (I won't bore you with the details but we've got a lot going on at the moment). Eventually we decided not to stay so we just drove home. According to the letter we were in the car park for 29 minutes (though I'm slightly suspicious of that) but we didn't get out at all during that time, we didn't even switch the engine off or open a door. We didn't read the parking charges sign because we didn't really 'park' as such.

The letter arrived 4 working days after the date printed on it and we have been given the option of paying £60 within 14 days of said date.



Do we have any grounds to appeal it?


Thanks,



Jaspa


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DWMB2

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Re: Crickley Hill (Minster Baywatch)
« Reply #1 on: July 03, 2023, 01:08:51 pm »
You have blocked out the dates on the notice - we need to see these. Can you tell us:
  • The date of the contravention
  • The date of the notice
It would also be useful to see photos of the signage at the site, its layout and its contents. In particular, it'd be good to get photos showing the name of the company listed on the signs (Minster Baywatch have a bit of history here...).

That the driver didn't leave the car doesn't necessarily mean it wasn't parked, and 29 minutes is certainly long enough for a compelling argument to be made that it was parked. If the signs were 'there to be seen', then the fact the driver chose not to read them would likely be considered their fault.
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JaspaC

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Re: Crickley Hill (Minster Baywatch)
« Reply #2 on: July 03, 2023, 01:35:37 pm »
Thanks for the advice.

The date of contravention is shown as 18/06/2023. The date of issue is shown as 26/06/2023. The date it arrived was 30/06/2023.

I don't have any pictures but I can try to go back to the site soon when I get some spare time.

In the mean time, here are some screenshots from google (from 2021 and 2019). The car park is accessed by a long lane from the main road and there are some signs along it. Here is the site.
[ Guests cannot view attachments ] [ Guests cannot view attachments ] [ Guests cannot view attachments ]
Here is a photo from Google, which is apparently 2 years old and it shows no mention of Minster Baywatch despite there being several reviews online dated around that time that indicate Minster Baywatch were issuing fines.
[ Guests cannot view attachments ]

I hope this helps,

Jaspa
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DWMB2

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Re: Crickley Hill (Minster Baywatch)
« Reply #3 on: July 03, 2023, 10:20:45 pm »
Quote from: JaspaC on July 03, 2023, 01:35:37 pm
Here is a photo from Google, which is apparently 2 years old and it shows no mention of Minster Baywatch despite there being several reviews online dated around that time that indicate Minster Baywatch were issuing fines.
That is often the case with this outfit - if you visit PePiPoo and the MoneySavingExpert forums and search for "Minster Baywatch / Bransby Wilson" you'll see scores of similar cases.

They're different companies, but run by the same people and operate as if they are one and the same. One argument that can be used in your defence is that any contract that the driver entered into was between the driver and Bransby Wilson. Minster Baywatch are not named on the signs and are therefore clearly a stranger to the contract - have a look at some other cases with this company and you'll see some examples of defences run on this point. Beware that it's not an argument that either the parking company or POPLA would be likely to accept, so you'd potentially need to be prepared to argue it in court (and as you'll see from other cases, success is not guaranteed).
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guest179

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Re: Crickley Hill (Minster Baywatch)
« Reply #4 on: July 04, 2023, 09:37:35 am »
I suggest you contact Gloucestershire Wildlife Trust to find out who manages Crickley Hill car park! Don't mention PCNs, just ask.

https://www.bransbywilson.co.uk/case-studies/gloucestershire-wildlife-trust/
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JaspaC

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Re: Crickley Hill (Minster Baywatch)
« Reply #5 on: July 23, 2023, 03:36:42 pm »
Thankyou for your help and advice. The car park owner has very kindly offered to get the ticket cancelled given the circumstances. However I do believe this gesture is from the owner and probably wouldn't have also been offered by the parking company. Because of this, we will definitely return to Crickley Hill again and make use of the Cafe, though I think we might try to park elsewhere.
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DWMB2

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Re: Crickley Hill (Minster Baywatch)
« Reply #6 on: July 23, 2023, 04:17:22 pm »
Good result, and by far the easiest solution!

Yes, it'll definitely have been the landowner. Parking companies almost never cancel (no money in cancelling charges after all)
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