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

nosferatu1001

Yes. 

Deepod

Many thanks!  so NOT relevant land.  Got there in the end, I hope.

Coupon-mad

But we know that already from all the other Wells threads.

Deepod

But the different threads were conflicting.  Some said it was confirmed by the Harbour Commissioners it had byelaws, others it didn't.  You start to doubt everything you read. Now I've done it myself, I feel more positive.  Might be back with more points!

D_P_Dance

I think they are confirming its under statutory control?

Remove any uncertainty, ask them again.

Euphonium234

Deepod said:

But the different threads were conflicting.  Some said it was confirmed by the Harbour Commissioners it had byelaws, others it didn't.  You start to doubt everything you read. Now I've done it myself, I feel more positive.  Might be back with more points!

How did you get on? Are there bylaws in place and does that mean CEL have no authority over the site, so cannot issue fines?

nosferatu1001

Byelaws have nothing to do with enforcement or not - and they're never fines if they're a private firm. Byelaws simply mean the keeper cannot be liable because POFA2012 cannot apply. 

parkerdan

The confusion that seems to have risen over this subject of byelaws (or not) on private land is so because the landowners are unwilling to impart the real truth , in order to protect the agreement between themselves and the PPC's. 
Byelaw is not  "THE"  word governing all control over private land , it is only part of many words used to  express the authority a landowner can use to control their territory , ,see POFA 2012 schedule 4 paragraph 3 and 4 and notice the words , " subordinate  legislation "  which means ,an order in council , or any order , regulations , byelaws or other legislative instrument  ,
and then take notice ,that paragraph 3 , is crystal clear  "the parking of a vehicle on land is "subject to statutory control " if any statutory provision IMPOSES A LIABILITY (whether criminal or civil , and whether in the form of a fee or charge or a penalty of any kind)  in respect of the parking on that land ---

take your pick out of this list as you wish which word accurately describes the authority the landowner uses to impose a liability , rest assured that the landowner CANNOT impose any liability whatsoever unless they use some sort of legislative instrument 
to bind it on the user 
The harbourmaster at wells might be telling the truth by saying there are no carpark  byelaws in place but one or more of the other descriptive legislations will certainly have to apply otherwise how do they explain their own carpark signs which state  "BY ORDER OF THE WELLS HARBOUR COMMISSIONERS"

I feel that the words "impose a liability"  shackle these landowners well and truly . 

Euphonium234

I just dont know what to do with this CEL notice. There are hundreds of posts with hundreds of comments and I'm bewildered by it all. Information overload. I wish someone could just help me.

KeithP

andrew73king said:

I just dont know what to do with this CEL notice. There are hundreds of posts with hundreds of comments and I'm bewildered by it all. Information overload. I wish someone could just help me.

You certainly will get help when you start your own thread. Trying to deal with the issues of two different people within the one thread can only lead to confusion.


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