Letter before action Wells quay

FrankCannon

This comes up when searching on Google for byelaws wells-next-the-sea. It's a response to a question about relevant land at this site from the Ministry of Housing, Communities and Local Government ;

https://www.whatdotheyknow.com/request/pofa_2012_schedule_4_and_relevan

It seems that unless somebody can find an actual byelaw controlling the movement of vehicles in this car park, then it is relevant land. I think it would be worth you asking the Harbourmaster's office for a copy of all of the byelaws in place at the harbour, not just those made specifically for the car park.

finchman

Thanks Coupon-mad when I asked the h a iwas told the carpark was under statutory control it is part of the wells harbour  commissioner land which is run under the Revision order 1994

finchman

Hello Frank the letter sent to Mr Wright is almost the same as the one I received 

Coupon-mad

finchman said:

Thanks Coupon-mad when I asked the h a iwas told the carpark was under statutory control it is part of the wells harbour  commissioner land which is run under the Revision order 1994

Then is is under statutory control because a law is a 'statute':

http://www.legislation.gov.uk/uksi/1994/1440/made
“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;

But is there a byelaw regulating parking?

General byelaws

9.—(1) Subject to the provisions of this Order the Commissioners may make byelaws for all or any of the following purposes —

(k)for regulating the movement, speed and parking of vehicles within the harbour estate;

finchman

So as the land is under statutory control pofa does not apply ?

Umkomaas

finchman said:

So as the land is under statutory control pofa does not apply ?

Did you not find your answer when reading the Protection of Freedoms Act 2012 (Schedule 4)?  Try para 3. 

finchman

It seems strange that they continue to court stage as they have done with some people on here when pofa is not applicable ,so how can they win if the driver is not named 

KeithP

finchman said:

It seems strange that they continue to court stage as they have done with some people on here when pofa is not applicable ,so how can they win if the driver is not named 

Quite simply... they can't.
Or to qualify that... they can't if the claim is properly defended.

There are plenty of people out there who will buckle and pay up - even at the last stage - at the courtroom door.

They just use these bullying tactics in the hope that you too eventually decide that you've had enough of the pressure and pay up.

Ok, so they eventually lose in court. They treat that as a 'loss leader'. Probably less than one in a hundred gets as far as becoming a court loss for them. No idea if that 1:100 ratio is anywhere near the real figure, but you get the idea.

finchman

Would that one sentence I have previously mentioned be all that is needed as my defence if it gets to court stage 

KeithP

finchman said:

Would that one sentence I have previously mentioned be all that is needed as my defence if it gets to court stage 

No.

Probably best not to rely on a one sentence Defence.

Have you looked at any Defences that are easily found here?