Custom House Quay Falmouth

Pastty

I've done some research regarding ZZPS who have sent me with two letters regarding non payment of parking with a unpaid debt of £170 on the above car park, with the client being Civil Enforcement, the alleged offence is for "payment not made in accordance with terms displayed on signage" which took place at the end of October 2018..
I've ignored these letters, but have spoke to the Harbour Commissioners Office about the fact I not received any correspondence with Civil Enforcement, just the letters from ZZPS.
Who have basically said write us aemail stating this and we will pass it on !

AIso found a thread regarding Old Wells Quay, which in the there is a post regarding byelaws.
Does this apply to Custom house Quay aswell

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.?

Any help advice

Coupon-mad

Sorry you got no reply - we were probably all enjoying the lovely weather!

I wouldn't say they have no right to operate, if they have a contract then they do. But they can't hold a registered keeper liable on 'non relevant land' (if it's byelaws land).

If you got no letters AT ALL from CEL, then complain to Steve Clark at the BPA:

steve.c@britishparking.co.uk

HTH

Pastty

Thank you for the reply Coupon-mad.

Is it viable to speak to Falmouth Harbour Commission to see if it is byelaws land ?

Found this regarding Falmouth Commissioner Byelaws, and they do own the land.



falmouthharbour.co.uk/wp/wp-content/uploads/30-130-01-FHC-Byelaws

Has being a new user not allowed to post a link, but basically www.

KeithP

https://www.falmouthharbour.co.uk/wp/wp-content/uploads/30-130-01-FHC-Byelaws.pdf

thingamaBob

KeithP wrote: »

https://www.falmouthharbour.co.uk/wp/wp-content/uploads/30-130-01-FHC-Byelaws.pdf

That link isn't working.

Working link: https://www.falmouthharbour.co.uk/wp/wp-content/uploads/30-130-01-FHC-Byelaws.pdf

KeithP

Sorry, earlier link now corrected.

Pastty

Thanks for sorting the link out !

After speaking to FHC asking about the car park being a "byelaws" land, something that they would get back to me and confirm. I'm guessing that it is because I received a email from them saying that Civil Enforcement will reduce my fine to the original £56 if I pay within 14 days.

Redx

if bylaws do apply and they do not know who was driving on the day , then the keeper is not liable because POFA does not apply on non-relevant land like ports , airports and railway stations

so any appeal as keeper and not naming the driver will mean its easily won at POPLA , but the keeper must go through the motions

looking at recent port , airport and railway popla appeals will help with the popla appeal for this one, after the keeper appeals it using the blue text template from the newbies thread and gets a rejection + popla code

its the people who blab about who was driving on the day that lose big time


in this case , because popla is no longer an option, CEL could try court but a good defence should win it, due to no POFA and it being bylaws to be dealt with within 6 months by magistrates, instead of civil court within 6 years

IGNORE zzps , they are powerless , and the 6 months rule is due to time out very soon now, so sit and wait another month , then tell them to delete your data

Coupon-mad

I'm guessing that it is because I received a email from them saying that Civil Enforcement will reduce my fine to the original £56 if I pay within 14 days.

You won't be paying a penny and I don't think the above is anything to do with whether it's byelaws land.

CEL can issue Parking Charge Notices on such land (they just can't hold a keeper liable).

Pastty

Coupon-mad wrote: »

You won't be paying a penny and I don't think the above is anything to do with whether it's byelaws land.

CEL can issue Parking Charge Notices on such land (they just can't hold a keeper liable).

So basically ignore the request to pay the original £56, and see what there next step is ?

Pastty

Redx wrote: »

in this case , because popla is no longer an option, CEL could try court but a good defence should win it, due to no POFA and it being bylaws to be dealt with within 6 months by magistrates, instead of civil court within 6 years

IGNORE zzps , they are powerless , and the 6 months rule is due to time out very soon now, so sit and wait another month , then tell them to delete your data

The original offence was 28/10/18, so come the 28/04/18 means zzps are powerless to do anything or CEL ?
Sorry to be a little dumb on this but i'm just a builder !!!!!