The Quay Wells next the sea

sad_driver

Hi
In January we parked at the quay and bought a ticket. 16 days later I recieved a parking charge notice which (as I had still got ticket) I replied to and stated that I had paid. CE replied that I had paid but had taken just over 15mins to pay and was therefore in breach of the terms.
I appealed to POPLA but this was, as I expected, unsuccessful. The appeal decision failed to address all the "important points" which I believe clearly show CE to be in breach of a number of areas within the recent BPA guidelines in particular para 9.5 of the CofP. This would require the BPA to take action against CE.
Having looked further into the matter I understand that it is possible that CE may be in breach of data protection act as they cannot issue penalty charges under local byelaws.
If anyone could confirm this to be a fact I would be grateful and also for any images of the signs (non compliant) at the entrance to the car park

KeithP

Hi and welcome.

There have been a number of people with a similar problem at Wells Harbour recently.

Use those bold words in the forum's search facility to discover how they fared.

Coupon-mad

But CEL didn't issue a penalty charge under byelaws. It was a Parking Charge.

Come back if you get a court claim and we will help you defend it.

Next time, come here sooner before appealing. You'd have won with one email.

StaffsSW

The easiest way to contest these parking tickets is to appeal on the grounds that it "is Not relevant land" as stated under "paragraph 3 (1) c" of the 2012 Protection of Freedom Act - (c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

The car park is governed by "Wells Harbour Revision Order from 1994" that indicates the harbour land is under statutory control,

General byelaws
9 - (k)for regulating the movement, speed and parking of vehicles within the harbour estate;
“the harbour estate” means the docks, piers, wharves, quays, berths, roads, bridges, sheds and other works and conveniences and the lands, buildings and property, of every description and of whatever nature, which are for the time being vested in or occupied by the Commissioners for the purposes of the harbour; “

Civil Enforcement Ltd can not take any action on these tickets as they have no right to operate on the land, despite what the Harbour Commissioners say.


Don't forget to leave the appropriate review on TripAdvisor, Google Facebook etc.
Port Of Wells have had every opportunity to redeem themselves, but instead they are learning that if you lie down with dogs, you will stand up with fleas.

Coupon-mad

Yes, ''not relevant land'' would have been the way to go, but not if the OP has already let the cat out of the bag about who the driver was:

I replied to and stated that I had paid. CE replied that I had paid but had taken just over 15mins to pay and was therefore in breach of the terms.

Don't forget to leave the appropriate review on TripAdvisor, Google Facebook etc.
Port Of Wells have had every opportunity to redeem themselves, but instead they are learning that if you lie down with dogs, you will stand up with fleas.

I agree - a lesson I hope we've both learned, SW...

You are a boon to this forum.

sad_driver

Hi
Thank you all for the comments and (wisdom with hindsight) if I had realised why I had been issued a parking charge I would have looked into the matter first.
Regarding the local byelaw I do not have your legal understanding and whilst I have read your comments I cannot say that I understand the relevance so please could you explain in simple terms what it means. ie Does CE have any right to issue the notice in the first place and do they have the righ to contact DVLAor is this a breach of data protection. If it is a byelaw why would it matter who the driver is.
If you wish I can send copy of appeal to POPLA and response to CE comments about appeal and appeal decision.

I believe CE have not followed a number of the parts of the CofP and most likely in breach of para 9.5 which requires BPA to act.

Does POPLA work with BPA and is it worth contacting BPA direct?
I will try and find other forums that have covered this.

D_P_Dance

I understand the relevance so please could you explain in simple terms what it means.

read it again, and again, until you understand it, it is not rocket science, but there is no simple explanation.

Complain to your MP, to the tourist Board, on Facebook, twitter et al.

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Fruitcake

The Keeper is not liable for a parking charge where byelaws apply. Unfortunately the scammers are allowed to pay the DVLA to get keeper data, then ask the keeper for the identity of the driver.
This is what they have done and sadly you fell for the scam.

PoPLA and the BPA are paid for by the scammers. They will always support their paymasters.

All is not lost. As far as I know, the scammers cannot take anyone to court. The port/harbour authority can take the motorist to the magistrates' court, but the scammers would get nowt if that happened, and I believe the scammers cannot pass the driver's details to the port authority without breaching the GDPR.

sad_driver

Hi
I did contact my MP, the MP for Norfolk and Sir Greg Knight (steered new bill) but you fall into a gap because my MP cannot act as outside their region and the other MPs cannot contact me as I am not in their constituency!

Johno100

sad_driver wrote: »

Hi
I did contact my MP, the MP for Norfolk and Sir Greg Knight (steered new bill) but you fall into a gap because my MP cannot act as outside their region and the other MPs cannot contact me as I am not in their constituency!

Try Norman Lamb then whose constituency Wells Harbour sits in.

https://www.parliament.uk/biographies/commons/norman-lamb/1439

They can't all pass the buck, this isn't Brexit.:D

D_P_Dance

sad_driver wrote: »

Hi
my MP cannot act as outside their region!

Nonsense, of course they can act.