PCN Port of Wells Civil Enforcement Ltd

FrankCannon

The car park is called Old Life Boat House by Bemrose Mobile, who operate the P&D machines and the PhoneAndPay app. Given that you still have the ticket, and that the latest BPA CoP tells members to be more lenient of VRM keying errors, then I think that you should be confident of victory if CEL are bonkers enough to take this to court.

primroseangel

Thank you Frank Cannon,
I can't believe it's even got this far. I have just checked Mcol and confirmed the defence has been received. 

nosferatu1001

So get back into the newbies threads, so you can DIARISE your next deadline - getting the DQ back to the court. Personaly I would just download one rather than waiting for ythe court. 

primroseangel

Just received a letter from the court tribunuals service informing me that they acknowledge receipt of defence and a copy is being served on Civil Enforcement Ltd. Also, it states that the claimant may contact me in order to resolve the dispute. If they don't and the claimant wishes to proceed they have 28 days from the date of receiving the defence. I have had no DQ from the court as yet? 
Thank you nosferatu1001 I have a DQ ready to fill in online. My Question is do I have to wait and do I have 28 days?

KeithP

No, you don't have to wait. 

Cecfo

BrownTrout said:

They have confirmed in an email no byelaws in force

I have a similar case ongoing right now and have also just received the following from CEL's legal department:

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There are no byelaws in place for the car park at Wells Harbour. Please note that the Wells Harbour Revision Order 1994 is enabling legislation which gives the Harbour Commissioners the right, if they wish to do so, to make byelaws regulating relating to parking (section9(k)). This is not a byelaw in and of itself.

To date the Harbour Commissioners have made no byelaws relatingtoparking.

The PCN was issued in accordance with POFA, and we will rely on this if the matter proceeds to Court. As previously stated, there are no byelaws currently in place. Therefore, the land is not under statutory control and is relevant land which can be managed under POFA.

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Has anyone seen one of these cases go any further? Seems like they're wise to the tactics on this forum based on the responses I've had from them at every stage (appeal, SAR, letter regarding clarification re byelaws to legal dept).

Coupon-mad

Doesn't sound like anything special to me.  They would say that, wouldn't they? 

And is the NTK a a POFA one (don't answer here if this is not your thread).

D_P_Dance

If they were lying would that not be conduct likely to pervert ...?   ISTR  reading something which leads me to believe that they might be lying.  It might be worth your while reading some of these

https://www.google.com/search?q=wells+next+the+sea+parking+fine&oq=wells+next+pasrking+&aqs=chrome.2.69i57j0i22i30i457j0i22i30l6.16954j0j15&sourceid=chrome&ie=UTF-8

Umkomaas

There is a byelaws revision order (1994) in place, and the Harbour Master is correct in saying that there are no parking-related byelaws in place. 

https://www.legislation.gov.uk/uksi/1994/1440/made

But the land is still under 'statutory control', and remains 'not relevant land' for PoFA purposes.  Not relevant land (however 'designated') is all that's ever the issue - too many newbies are grasping at straws in believing that byelaws in place make any PCN void. They don't!  

D_P_Dance

- too many newbies are grasping at straws in believing that byelaws in place make any PCN void. They don't!

Now I am totally confused,