Port of Wells - CEL - Solicitors stage

lizk39

Is anyone else still ignoring a CEL notice for parking at Port of Wells in Norfolk?I
I unfortunately contacted them initially to explain our situation and appealed to their better nature. I realise now this was a mistake. I then had a family health crisis and missed the POPLA deadline. CEL refused to give me a code after this date and I have ignored them ever since.

Ive now had two ZZPS debt collection letters and now a QDR solicitors letter.

Can anyone advise me the best course of action now? Are they going to keep going now? I would still like the chance to appeal this, the signage at the site is not good enough for the changes that they made. Would I have risked a £60 automatic camera fine for the sake of a £1 ticket had the signage adequately warned me about the new cameras/system? I wasn't the driver. The car was never left, my family were waiting in the car while I got chips! (30-40 minute queue is standard here in the summer!) Any advice gratefully received.

Redx

if the QDR letter is not a formal LoC letter with 30 days notice and financial forms to fill in , IGNORE it

if it is, follow the advice in the NEWBIES FAQ sticky thread, post #2

its too late to appeal it, so forget that aspect

yes they may keep going , to your local civil court, before a judge

this is why you reply and/or deal with an LoC or an MCOL , but nothing else

CEL have 6 years to try a court case in your local civil court, they always have and always did, for an unpaid INVOICE

Umkomaas

I unfortunately contacted them initially to explain our situation and appealed to their better nature.

They don't have one. In fact none of them have one.

Can anyone advise me the best course of action now?

Wait to see if they issue a Letter Before Claim (or similarly headed) and/or a formal County Court Claim, then deal with them as per the NEWBIES FAQ sticky, post #2.

Are they going to keep going now?

More than likely, they scent money, why would they stop?

I would still like the chance to appeal this

No chance. You missed the opportunity early in the life of this ticket, there's no second chance.

the signage at the site is not good enough for the changes that they made. Would I have risked a £60 automatic camera fine for the sake of a £1 ticket had the signage adequately warned me about the new cameras/system?

Something you're going to probably have to persuade a Judge to back your assertion. Do you have your own photos of the signage, taken in the same light conditions as at the time of the event? If in the hours of darkness, photos without flash. You'll also need clear close ups of the wording - that's the legal contract between the driver and the PPC.

The car was never left, my family were waiting in the car while I got chips! (30-40 minute queue is standard here in the summer!)

What exactly are you trying to say? Are you suggesting the car wasn't parked? On what authority?

Redx

lizk39 wrote: »

Would I have risked a £60 automatic camera fine for the sake of a £1 ticket had the signage adequately warned me about the new cameras/system? I wasn't the driver.

The car was never left, my family were waiting in the car while I got chips! (30-40 minute queue is standard here in the summer!) Any advice gratefully received.

you did not risk anything because as you say, YOU were not the DRIVER

it was the DRIVER who took the risk by "parking" on the site for the duration, without permission and without payment (if any was due)

because YOU have not named the driver, they are trying to make YOU as RK responsible for the invoice

Umkomaas

The car was never left, my family were waiting in the car while I got chips!

Conversation overheard at a local chippy:

"A large portion of chips please".

"Yes sir, that's £2.50. Oh, you haven't paid your £1 car park charge? Well make that £102.50. You're going to ignore that? Then it's £252.50 ".

"Salt and vinegar sir?" "Enjoy!"

The_Deep

Is this land covered by bye laws?

lizk39

What is the legal situation here. Am I liable as the RK if I dont tell them who was driving?

lizk39

Thank you .

I feel like Ive read something on another thread about them issues POPLA codes at a later stage in certain circumstances. Do you know anything about this>>

Fruitcake

lizk39 wrote: »

What is the legal situation here. Am I liable as the RK if I dont tell them who was driving?

The keeper can be liable if the driver's identity is not known, but the scammers have to meet the very strict requirements of the PoFA 2012 if they want to transfer liability to the keeper.

A link to the PoFA can be found in the NEWBIES or you can do an online search for it. Compare the wording of Schedule 4 of this act against the wording of the NTK to see if the scammers have got it right. The scammers also need to satisfy the critical dates when the NTK must be received by the keeper as well.
If they have failed then the keeper cannot be held liable.
This is why it is so important not to name the driver as the keeper has protections in law that the driver does not.

The Deep has asked you a very important question. If you don't know the answer then it is imperative that you find out.

The PoFA does not apply where byelaws so, so not even the keeper can be held liable where byelaws apply because it is not Relevant Land.

Have you looked at the other Port of Wells thread that is floating around at the moment as there may be some information of use there?

lizk39

Umkomaas wrote: »

Conversation overheard at a local chippy:

"A large portion of chips please".

"Yes sir, that's £2.50. Oh, you haven't paid your £1 car park charge? Well make that £102.50. You're going to ignore that? Then it's £252.50 ".

"Salt and vinegar sir?" "Enjoy!"

Exactly!1 Me and hundreds of other visitors to Wells next the sea. Be warned!!

lizk39

The_Deep wrote: »

Is this land covered by bye laws?

What are these, how do they affect things and how do I find out! Thank you.