Port of Wells - CEL - Solicitors stage

lizk39

Umkomaas wrote: »

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

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.

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

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

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.

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

IS THIS RELEVANT OR NOT? i DONT KNOW THE TECHNICALITIES OF PARKING. WE WERE WAITING RATHER THAN PARKED AND LEFT BUT IM GUESSING THAT DOESNT MATTIER IN A PRIVATE CAR PARK.

Fruitcake

lizk39 wrote: »

IS THIS RELEVANT OR NOT? i DONT KNOW THE TECHNICALITIES OF PARKING. WE WERE WAITING RATHER THAN PARKED AND LEFT BUT IM GUESSING THAT DOESNT MATTIER IN A PRIVATE CAR PARK.

It doesn't matter if the car was empty or occupied, the engine running or not, it's called parking.

Going to read signs, change a wheel, breastfeeding an infant under six months, driving around looking for a parking space, stopping to turn around, loading and unloading goods or people etcetera is not parking.

Fruitcake

lizk39 wrote: »

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

Railways, airports, and ports/docks are often covered by different rules and regulations to private and public land called byelaws. You need to use a search engine to find out what they are and if they apply at the location of the alleged event.

I have explained how they may or may not affect you in post # 9 above.

Johno100

According to another thread, that the OP is already aware of because they've posted on it, the location in question is subject to by-laws

https://forums.moneysavingexpert.com/discussion/5973740/pcn-port-of-wells-civil-enforcement-ltd
(See post #19)

lizk39

So if Byelaws DO apply as another post suggests, that means they cannot pursue me as RK - is that correct. Do I do anything now, or is this part of the defence if it goes to court?

twhitehousescat

as per your other posting on other thread

"I too have a Port of Wells parking charge notice going back to last July. 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.

if you admitted to driving then this bypasses POFa on bylaw land , they dont need to chace the owner now , they have the drivers name .

The_Deep

If the land is covered by bye laws, and they do not know who was driving, only the Harbour Authority can take you to court, a magistrates court, and that is most unlikely, unless your offence was very serous, vandalism for example, and then only within six months.

The so-called solicitor's letter which you have received is likely to be phoney, i.e. just another DCA letter. They are trying to scam you, get your MP on board.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. It has cleared Parliament and hopefully, this will become law shortly.

lizk39

Hi, I don't think I admitted to driving. I was there, so described the scenario but didn't say who was driving.

What do I need to do now re these byelaws? Do I write to someone or wait to see if it goes to court?

Thanks for all the help.

Redx

bylaws can only go to magistrates court , within 6 months , by the port authority in this case, if bylaws apply


bylaws only apply on ports , airports and railkway stations, so this being a port could be non relevant land meaning a keeper has no liability if this is true, and bylaws issues have to go before magistrates within 6 months


however, if this is not port authority land, then my prvious advice applies, about responding to an official LoC and/or any MCOL that arrive in the post


you can ask the local council if its non relevant land by finding out who pays the rates etc, or the Land Registry will tell you for a small fee

twhitehousescat

https://forums.moneysavingexpert.com/showpost.php?p=75549998&postcount=9