PCN Port of Wells Civil Enforcement Ltd

Coupon-mad

on resolver.co.uk -
Is there a time limit on when private parking firms can give me a ticket?
The short answer is yes!
You should expect a private parking firm to fix a notice to your car before you leave the car park and then post you a follow-up within about 2 months.
If the parking firm has to get your details from the DVLA to send you a ticket by post alone, they have to send it within 14 days.
Outside of the Protection of Freedoms Act, the parking firm should give you sufficient opportunity to appeal. If the parking firm sends you a ticket four months after the incident, for example, you’d most likely be able to argue that this is unfair.
 So does this have any weight in my defence 

Yes and no.
The above is rubbish advice from Resolver, nothing new and far too simplistic.  The 'short answer' they give is far too basic and I am certainly not taking this thread off topic to explain it.

This is not your thread so please delete your post and I will edit & delete this reply as this is not a general discussion thread for other people's cases, not even in the same car park. 

You will be glad we are this strict, when you start your own new discussion - AFTER READING THE 'NEWBIES READ THIS FIRST' STICKY THREAD and then reading the POFA 2012 legislation that is linked there, first.

 does anyone know where i can find an actual law stating this to proof to reference?

Yes...in the sticky thread NEWBIES PLEASE READ THESE FAQS FIRST.  See my signature.

Tommy1605

Coupon-mad said:

on resolver.co.uk -
Is there a time limit on when private parking firms can give me a ticket?
The short answer is yes!
You should expect a private parking firm to fix a notice to your car before you leave the car park and then post you a follow-up within about 2 months.
If the parking firm has to get your details from the DVLA to send you a ticket by post alone, they have to send it within 14 days.
Outside of the Protection of Freedoms Act, the parking firm should give you sufficient opportunity to appeal. If the parking firm sends you a ticket four months after the incident, for example, you’d most likely be able to argue that this is unfair.
 So does this have any weight in my defence 

Yes and no.
The above is rubbish advice from Resolver, nothing new and far too simplistic.  The 'short answer' they give is far too basic and I am certainly not taking this thread off topic to explain it.

This is not your thread so please delete your post and I will edit & delete this reply as this is not a general discussion thread for other people's cases, not even in the same car park. 

You will be glad we are this strict, when you start your own new discussion - AFTER READING THE 'NEWBIES READ THIS FIRST' STICKY THREAD and then reading the POFA 2012 legislation that is linked there, first.

 does anyone know where i can find an actual law stating this to proof to reference?

Yes...in the sticky thread NEWBIES PLEASE READ THESE FAQS FIRST.  See my signature.

Sorry i didn't feel like i hijacked the tread, I thought it might be useful information. The car park is the same being "Port of Wells" Car park and Civil Enforcement are a member of BPA which this is their code of conduct but after speaking with them unless they specify they are adhering to POFA 2012 they have 7 months. After discussing my case with them they have urged me to send a formal complaint as they believe they are breaching their code of conduct, which i have now. Also i have put in my defence that on Parkopedia.co.uk that this car park has 88 reviews of which 83 give them 1 star all complaining about how they feel the car park is a scam. I don't know if that helps but i just felt it help build a picture of the management company. Let know if you still want me to delete these posts?

Redx

POFA doesnt apply if its not private land but governed by bylaws , so that law that you found with 14 days or 56 days does not apply , meaning the claimant has 6 months to issue a pcn

in any case , POFA is not mandatory so parking companies do not have to follow those timescales , especially not if bylaws are in place (so do not treat your case like one at an asda car park or a retail park)

do not mix up the 2 issues , the parking company will not be relying on POFA ( which is the law you are quoting and easily googled) , plus if the driver was outed then POFA becomes irrelevant anyway

start your own thread if you want bespoke help

Tommy1605

Thank you for your help, I've already submitted my defence so fingers crossed. and i just hope the judge looks at my case logically. All the best to the person who started this thread.

primroseangel

All the best to you too Tommy1605.
I am submitting my defence within the next few days too. Let's hope we both have a good outcome eh? As soon as I know anything further I will comment asap. Thank you again to all who have given me advice, support and hope on this forum.

primroseangel

So, the Defence has been completed and sent with around 10 days to spare. Since I have learnt to go through everything with a fine tooth-comb I have come accross something really odd, which I have noted in my defence.

The County Court Claim form under 'Defendant' and 'Particulars of Claim' it states the Old Lifeboat House.

Its the wrong car park. The PCN is for Port of Wells Pay & Display Car Park. I have searched google satellite maps and the Old Lifeboat House, (funnily enough home of The Harbour Commissioners), is next door. It does have the same post code but it's the wrong car park with no way through from one to the other. I'd find this amusing if it were something trivial but I have learnt to smell a rat and it makes me suspicious.

FrankCannon

I think there are 2 areas in the car park ; a public P&D area and a staff car park near the Harbour Commissioners office. The entrance to the staff car park is via the public car park, here ;

https://www.google.co.uk/maps/@52.957797,0.8509457,3a,75y,339.66h,92.64t/data=!3m6!1e1!3m4!1sAwba6czK9sWJwJy5AOAPxg!2e0!7i13312!8i6656?hl=en

Where was the vehicle parked ?

primroseangel

They are two different car parks as the partitioning bollards show in the above link. The address is different:
Old Lifeboat House, Beach Road, Wells. There is no ticket machine in the Old Lifeboat House car park and the signeage is clear that it is for Habour Comissioners and staff only when you reach the bollards. The vehicle did not pass this point at any time. 
The vehicle was definitely parked in the Port of Wells Car Park and all correspondence including the PCN Incident is for Port of Wells Pay & Display car park. 

Coupon-mad

The County Court Claim form under 'Defendant' and 'Particulars of Claim' it states the Old Lifeboat House.

You are not saying they filled in the 'Defendant' box with the Old Lifeboat House rather than your name?  We saw one this week where CEL had filled in the Defendant's name (e.g. yourself) in the Claimant box as well and all the person had to do was log into MCOL and, as the Claimant (well they were!), discontinue the claim!

primroseangel

Hi Coupon-mad,
 I attach a copy of the form so that you can see what I mean. I have covered information that is personal or passwords.