PCN Port of Wells Civil Enforcement Ltd

foxyloxey

I too got PCN for this car park in Sept 2018. I've just received the letter before action.
I did the school boy error, I appealed and trying to explain the circumstances that caused late payment, in doing so I admitted I was driving, which CEL pointed out in their defence to the appeal.
With regards to the signs on entry. Last year they were facing into the car park so you couldn't see them until you'd parked and found them. You had to pay within 10 mins. Now there are larger signs at 45 degrees facing out to the road and a 15 mins in bold. If anyone has a picture of the new sign it would be appreciated. Please DM me.
I did pay for parking I was just late in doing so.

luxardo

I honestly don't know why anyone appeals to what are essentially trade body organisations like POPLA. Unless the Ts&Cs of the implied contract have been broken they NEVER allow appeals. They exist as simple referees to make sure the rules are followed (to the letter).
If I understand correctly you got this charge because you entered your reg number incorrectly ?
The law allows for mistakes and does not penalise people for making simple errors. Write to them and say you made a mistake and this will be your defence if they take you to court.
In the unlikely event they take you to court use the same defence.

waamo

luxardo wrote: »

I honestly don't know why anyone appeals to what are essentially trade body organisations like POPLA. Unless the Ts&Cs of the implied contract have been broken they NEVER allow appeals. They exist as simple referees to make sure the rules are followed (to the letter).
If I understand correctly you got this charge because you entered your reg number incorrectly ?
The law allows for mistakes and does not penalise people for making simple errors. Write to them and say you made a mistake and this will be your defence if they take you to court.
In the unlikely event they take you to court use the same defence.

To anyone reading this thread for advice on their position please disregard this totally pointless "advice". It is completely incorrect and is designed to lead you into paying up.

This poster is clearly in the employment of a parking company and gives deliberately erroneous advice designed to trick you.

The_Deep

The post is either designed to misinform or the person writing it knows little about the matter. It should be ignored.

I have more that a slight suspicion that this particular poster comes here to disrupt.

primroseangel

Hello All,
Sorry for not posting in a while but all that's happened since the "Cessassion of Correspondence" letter is a "Letter Before Action" and 4 more letters from dept collection agencies. Then Friday last I finally got a claim form from County Court Business Centre in Northampton.
I have posted the Acknowledgement of Service back so I should have more time to compile a defence as I ticked the box "i intend to defend all my claim". I will let you know what happens next......

D_P_Dance

There have been several PCNs issued ifot this location, has one of these ever been to court.  There seems to be some confusion about bye laws.  

primroseangel

Thank you for responding D-P-Dance
I haven't seen any that have gone to court either even though this location is a prime target for CEL and PCN's.  I don't think the byelaws will be any help to me as I admitted being the driver as you will probably read in the earlier posts.

I posted the Service of Acknowledgement yesterday. Do you know how much time I have to respond and defend the claim?
The response pack says "if you file an acknowledgement of service" but do not file a defence within 28 days of service of the claim form, or particulars of claim if served separately, judgement may be entered against you.
but then the next paragraph says....
If you do not file an application within 14 days of the date of filing this acknowledgement of service it will be assumed you accept the courts jurisdiction and judgement may be filed against you.
My question is...in the last paragraph do they mean just the Acknowledgement of Service or is does the term application mean I have to send something else with only 14 days.

nosferatu1001

Gah - you sent the form off? You have a cpoy of it still I trust? You do the aos ONLINE usually, as then you know it has been recieved
Tell us te ISSUE date and the POC
Assuming you acknowledged after the 5 days allowed for service, you have 28 days plus 5 dyas to EMAIL the court your defence. You MUST create an MCOL account so you can check your AOS has been received, but if you dont hav ea copy of the form you will struggle... really, thats what the newbies thread is for!

You need to read IN CONTEXT. That second line is only about Contesting Jurisdiction. Unless you live outside E&W you will not be doing that

Redx

There are current court cases on here , even if they haven't gone to court yet , so read through those too

Ideally setup a WhatsApp group or similar for a joint approach

If you want more instructions on deadlines , post the issue date from the claim form below

primroseangel

Redx, 
 I have a copy.  In fact I have a large bundle. All listed and filed in order and of absolutely everything received and sent. I am trying to read everything in context but am now highly suspicious of every trip or fall. I have a farm in very rural location so I am not used to computers and don't always have a great connection, however this is teaching me fast. I did research in view of providing the documents through MCOL but if you look at  MCOL Reviews online, its not good. I can however start this method if its not too complicated. The issue date on the claim form is Feb 20th. Thank you again for your help.