Letter before action Wells quay

KeithP

finchman wrote: »

I may be going to wells next week I will see if the sign is still there as the driver has not been named and it's over 6 months how come they are still trying to get their hand in my pocket

That question is easily answered -- Because they can.

The greedy parking companies will keep on hounding people - whether they have justification or not - in the sure knowledge that many people will pay up just to stop the 'frightening' letters dropping through their letter-box.

This industry is entirely unregulated. As the Deep has already suggested, complain to your MP about that.

finchman

On looking at photo again I would guess it has been removed as you now get 15 mins grace instead of 10

Umkomaas

finchman wrote: »

I may be going to wells next week I will see if the sign is still there as the driver has not been named and it's over 6 months how come they are still trying to get their hand in my pocket

If they are not pursuing a penalty charge under byelaws, but a parking charge under contract law, they have 6 years to chase.

If it gets to the county court (rather than the Magistrates Court) and you can prove that byelaws do apply to the car park, then a Judge will need to be pointed in the direction of PoFA where on 'not relevant land', the keeper cannot be held liable.

FrankCannon

They changed the grace period from 10 to 15 minutes around May or June time last year, probably because people were waiting in the car park for spaces to become free. They may have changed other signage at the same time.

So, for your reply to their LBC, you should ask for the byelaws information ( you could ask the Harbour Commissioners as well for this, but expect them to say there aren't any ), the contract with the landowner, contemporous images of ALL signage ( at the entrance, inside the car park, erected or owned by CEL or by the Harbour Comissioners ), details of changes and improvements to signs carried out since May 2019, all ANPR images of your vehicle, details of which term or condition on which sign(s) was breached, and all other evidence they will rely on in court.

I doubt that deficient lighting would be an issue in May. You also should ask for a breakdown of costs as sums exceeding £100 are now being ruled by courts as an abuse of process and double recovery. Don't forget to send the letter by snail mail with proof of posting.

finchman

It is a parking charge so I presume it will go to county court the land is covered by bye laws as other threads have confirmed if this is the case should it not go to magistrates court with the fine going to government .
Could I jiggle the reply Frank done with Coupon mad for kjs_1991

Coupon-mad

I already answered you in Frank's thread, so why not just show us your draft?

finchman

Dear sir/madam
Ref. Pcn ??????????
Your letter dated ????? I have made a SAR through your website and therefore require a restriction of data processing and the case should be put on hold.Please could the following documents be sent to the keeper s address.
-A copy of the byelawsetc

I would then copy the whole list that you and Frank had listed ending
at the court in Caernarfon and Southampton last year

The_Deep

I doubt if they will send you a coy of the bye-laws, but you shouldnbe able to get a copy from the harbour master.


Have you complained to your MP yet?

finchman

The Deep Mr Barclay,s office will be receiving a letter

Le_Kirk

finchman wrote: »

Dear sir/madam
Ref. Pcn ??????????
Your letter dated ????? I have made a SAR through your website and therefore require a restriction of data processing and the case should be put on hold.Please could the following documents be sent to the keeper s address.
-A copy of the byelawsetc

I would then copy the whole list that you and Frank had listed ending
at the court in Caernarfon and Southampton last year

You can't require a restriction of processing because you have submitted a SAR, you require the case to be put on hold for 30 days because, although you deny any debt exists, you are seeking debt advice.