Port of Wells - Civil Enforcement Limited

Cecfo

Hi folks! I've been following the advice in the newbies stickies and various other pieces of advice from threads here but I feel like I've reached crunch point with my own case so I'm starting a thread

I received a NTK from CEL back in September 2019.

I appealed using their appeals mechanism. They rejected the appeal immediately. No surprise.

I appealed to POPLA using a template from this forum. Rejected.

Months of debt collector letters... yawn.

Then the LBC. I send a SAR and got back a response to that pretty quickly.

I also emailed their legal team to ask for clarifications regarding the byelaws issue that I've seen mentioned here. I very quickly got a reply claiming that there are no byelaws in place and that the land is "relevant land" as far as POFA is concerns.

As I am the registered keeper, CEL have not established the identity of the driver, and I have not admitted being the driver at the time (in truth, I can't remember whether it was myself or my partner), my understanding is that my success pretty much hinged on the byelaws thing - which it looks like CEL have just shot down.

The last correspondence I have from CEL is to say that I have 14 days to pay or they will commence court proceedings. I'm not against defending myself in court if I have a decent chance of winning but I don't know that I do any more.

Does anybody know any more? Thanks for any help!

Cecfo

Oh, I forgot to add that I have also complained the Port of Wells but have heard nothing back so far. Other threads on this forum suggest that my complaint will likely be ignored.

Le_Kirk

There are loads of Wells threads/posts on here.  The issue of bye-laws is discussed at length.  There are also letters from the harbour master claiming it is bye-laws.  Have a read of some of those.

Cecfo

Le_Kirk said:

There are loads of Wells threads/posts on here.  The issue of bye-laws is discussed at length.  There are also letters from the harbour master claiming it is bye-laws.  Have a read of some of those.

That's exactly why I'm confused. I've seen conflicting information as to whether this land is covered by byelaws or not and now have a letter from CEL stating explicitly that there are no byelaws in place and that it is "relevant land".

Le_Kirk

Well of course CEL will say that.  I would suggest only the Port of Wells Harbour Authority will know for sure.  There was correspondence between one of our posters and the harbour master, you will need to search the forum for it.

Coupon-mad

Even if it is relevant land, CEL don't always issue POFA  NTKs...

KeithP

Look at the posts by @StaffsSW on this thread:

PCN Port of Wells Civil Enforcement Ltd

D_P_Dance

I am sure i have read that bye-laws apply, read some of these

https://www.google.com/search?q=wells+next+the+sea+parking+fine&oq=wells+next+pasrking+&aqs=chrome.2.69i57j0i22i30i457j0i22i30l6.16954j0j15&sourceid=chrome&ie=UTF-8

Le_Kirk

KeithP said:

Look at the posts by @StaffsSW on this thread:

PCN Port of Wells Civil Enforcement Ltd

That's the one, thanks @KeithP, this is the specific post I meant 15 March 2019 at 3:37PM <<<<<<< Link

Cecfo

Le_Kirk said:

KeithP said:

Look at the posts by @StaffsSW on this thread:

PCN Port of Wells Civil Enforcement Ltd

That's the one, thanks @KeithP, this is the specific post I meant 15 March 2019 at 3:37PM <<<<<<< Link

Thanks for this I saw the same post but was continuing to look around for something more definitive, perhaps from a council source or similar. However, after further reading around over the weekend, I'm convinced now that the land is not "relevant land" re PoFA.

I think it's time to send CEL a follow-up letter

Cecfo

Well... they've replied. Their reply simply says that if the case goes to court that they will supply evidence that the Port of Wells is relevant land re PoFA. I'm confident I have enough evidence so will call their bluff and let you know how it goes. I'm almost certain they read this forum too