'fined' 180£ by Minister Baywatch Borders General Hospital, scotland

[gmurphy]

recently received two 90£' fines' from minister baywatch for parking in a hospital carpark where i was doing placement as a student.

They are for 2 days in a row,

i only remember getting a ticket for one day

 

This carpark has different sections some you can park there all day,

some are limited to 4 hours,

but you dont have to pay to stay there at all.

 

 

I didn't know there was a difference.

I was informed by many people in the hospital that they were a cowboy operation and that no one pays their 'fines'.

 

 

When given the tickets the carpark wasnt full and they dont even charge anyway.

I also had no idea between the different carparks and their time limits

and have no idea how its possible to enforce a 4 hour limit like that when you dont have full time parking attendents.

 

there is also no parking rules or and notices inside the carpark ,

there may be a notice about the 4 hour limit but i never remeber noting a difference

 

what should i do guys?

Edited October 28, 2016 by gmurphy

[honeybee13]

Hello and welcome to CAG. The forum guys should be along later with advice for you.

 

You're not alone in having problems with Minster Baywatch, we have lots of threads about them if have a look around the forum.

 

Could you tell us which hospital please? It helps the advisers.

 

My best, HB

[honeybee13]

Maybe you could tell us the relevant answers to the forum stikky please?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

HB

[gmurphy]

borders general hospital mate

 

ive emailed the hospital as they have the right to overturn the charges

and since i was a student who was working for free there for 6 weeks

and had to pay 100£ to travel there every week

and couldnt work while on placement they may be nice about it,

but its a complete joke,

Edited October 28, 2016 by gmurphy

[honeybee13]

Thank you for that.

 

Would that be Borders General in Scotland? This could make a difference in your favour.

 

HB

[gmurphy]

yes it is, how does that help me?

Edited October 28, 2016 by gmurphy

[silverfox1961]

Hi and welcome to CAG.

 

If you live in Scotland and the hospital is also there (seems it is) then you can just ignore MB as the normal rules for England and Wales do not apply in Scotland. In England, the Protection of Freedoms Act 2012 applies however in Scotland this does not apply and as such, only the driver is responsible and you are under no obligation to name the driver.

 

As Minster Baywatch are members of the BPA, they must follow PoFA and as such they cannot go after you, the keeper.

 

Also, this is not a 'fine'. It is purely an invoice asking you to pay them. You can choose not to. I would ignore them

[gmurphy]

thanks for all this but im the only driver of the car does that not matter?

is there actually no way they can go after me and bring me to court?

have they ever done it in scotland?

not a scottish national either im from the republic of ireland does that make a diffference?

[silverfox1961]

Minster Baywatch have taken very few people to court. As far as my checks got me, there was one for this year. In Scotland they may try the assumption that the driver is also the keeper but that is an IPC tactic, not a BPA one. The only time to be concerned is if they do issue court papers but in my opinion, they won't as they have far easier targets to go after.

 

So long as you never declare the driver is also the keeper, they are stuffed (short of court action). The only thing you will get is more letters followed by debt collector letters. These can be ignored.

 

Nobody can say 100% what WILL happen but based on our experiences so far, court action is highly unlikely. Just takes a bit of nerve to see them for what they really are. Money grubbing!

 

If you wish to appeal (NOT recommended) never name the driver. Always refer as 'the driver'. MB will reject you as they do in the majority of cases, you could then appeal to POPLA and it is this that costs MB money. Even if POPLA rejected your appeal, MB would still have to start court action to attempt payment from you. This is fraught with danger for them as Scottish law is different to English law.

My opinion still stands. Ignore

[gmurphy]

thanks for the advice, il keep ignoring. if it goes to court il fight it, from the looks of it they don't have a leg to stand on, one of my best friends is a lawyer too so il let him rip them to pieces if that happens

[dx100uk]

1. ITS NOT A FINE - stop using that word.

 

2. the car park is in Scotland,

 

no such thing as trespass in Scotland , TOTALLY IGNORE EVERYTHING>

 

3. go get on with your life.

 

dx

[gmurphy]

1. ITS NOT A FINE - stop using that word.

 

2. the car park is in Scotland,

 

no such thing as trespass in Scotland , TOTALLY IGNORE EVERYTHING>

 

3. go get on with your life.

 

dx

 

haha thanks mate, everyone working the hospital said they are a con job, its amazing the nhs employ them

[ericsbrother]

The NHS in Scotland have been told to ditch the parking cowboys anyway.

 

Let us be clear about something,

you got a couple of tickets slapped on the car windscreen fo breaching some undefined rule that cannot apply in your case

( a detailed explanation can be given but it isnt really important).

 

The parking co cannot legally get the keeper details and claim liability of the owner/keeper as only the driver can ever enter into a contract in Scotland and in your case that certainly wont be applicable.

 

Let the keeper know that they may get a letter claiming some liability existss but they are to ignore it.

 

If this does become an issue in the future come back here for more detailed advice but at the moment do nothing and we mean nothing.