CEL & quayside car park Wells-next-to-Sea -statutory control?

Deepod

I have read lots of different threads on this site about this car park,at Wells Harbour. My daughter got a PCN on 3rd May last year and she wrote to them citing because there are bye laws on the car park,it is under statutory control and is not relevant land and  CEL are not allowed to pursue the registered keeper.  Some threads say - yes there are bye laws and  cases was closed by CEL because of this. Other threads say the harbourmaster confirmed there is no bye law, so its not a relevant argument.  Some on this site had got evidence that there is a bye law.  I would be really grateful if I could have a copy of this information.  It would help a great deal.  Any advice welcomed. They are now at £182 and will commence proceedings in under two weeks.

nosferatu1001

Paragraphs! Seriously.
No idea. Go find it yourself? What work have YOU done?

Deepod

How rude!  Done plenty of work and sent them a long, long letter , but our main point was the byelaws.  Didn't hear back from CEL for weeks and we were really surprised to get the letter back saying there aren't any. a couple of days ago.  I checked other threads and they differ in yes, there are and no, there aren't.  Just looking for clarification.  I've emailed the Harbourmaster but no reply from him in over a week. I was hoping that some decent person who had the information already might be able to help me out. I have searched and searched the web for information and its conflicting.  I just don;t understand why they cancel the charge for one person because of this point,  Looking for clarification. I would be grateful if you didn't put anything else on my discussion unless its positive.

nosferatu1001

No, just direct. 
You have a hugely rambling first post. Paragraphs make it clearer to read. This is a forum wher eyou want people to read. Ignore if you wish. Just being helpful, and it is positive even if you dont see why. 
Parking companies are uot to make money. Sometimes they cancel. Usually they dont. You cant read anything more into it than that. 
Its binary
Either there are byelaws in place, or there are not. The coucnil may know - could try calling them. Could try calling the harbour master. Getting photos of signs, to see if they refer to byelaws. 

D_P_Dance

 I would be really grateful if I could have a copy of this information.   

I am afraid that you will have to search for it yourself, we encourage people t do their own reasearch .  Also, the scammer is asking for an amount which is highly likely to be unlawful so read this.

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Deepod

I have  had a reply from Well-next-the-Sea council .  The Clerk told me he was not aware of any bye-laws covering the car park but "

Common sense would suggest that as the Harbour was created by an Act of Parliament and obtains its powers from the 1994 statutory instrument, that the land is under statutory control. 

However, it is dependent on  the definition of ‘statutory control’ within the relevant legislation with which you are concerned."

 So if the land is under statutory control, it would be not relevant land?

 

nosferatu1001

Correct, as pr POFA2012 schedule 4 - which youve found? You can just search for "relevant land"

Coupon-mad

This is already done to death in the other Wells-Next-the-Sea threads.  

Deepod

4)The notice must be given—

(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

(b)while the vehicle is stationary,This is from POFA (4)  How do these people get away with sending you a ticket in the post 2 weeks after the offence.

nosferatu1001

Read the rest of POFA. Para 9, for example
Shockingly enough, in 8 years such an obvious error has not been missed by everyone here. 

Deepod

Once I had sent that I thought about our local Morrisons, which does numberplate recognition. Thanks for that.
I got a reply from Wells Harbour telling m there are no bye laws in place. 
 I replied and asked them "Can I confirm that the land is under statutory control, with regard to the  Wells Harbour Revision Order 1994, which is a UK Statutory Instrument."
Their reply "The land belonging to the Wells Harbour Commissioners is under the revision order yes."
I think they are confirming its under statutory control?