PCN at Port of Wells Car Park

JimmyNeedsHelp

I am starting a new thread so I don't hijack anyone else's!  
Hi all, looking for help!! I've had a parking charge notice from Civil Enforcement Ltd, I cannot identify the driver from the photos they have sent me.  I was wondering whether it has been established whether the land at Port of Wells Car Park is under statutory control and if it is, whether that offers me a route of appeal against a finding of transferred liability from driver to registered keeper?  
Any advice would be very gratefully received.
(attached is a photo of the notice)

BrownTrout

so that notice looks NON POFA to me

JimmyNeedsHelp

How are you able to draw the distinction?  What is it missing? 

Umkomaas

JimmyNeedsHelp said:

How are you able to draw the distinction?  What is it missing? 

Have you checked it yourself against the Protection of Freedoms Act 2012 (Schedule 4)?

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

But for starters, doesn't meet the timing requirements (14-days), doesn't contain the para 9(2)(f) warning ..... to hold the keeper liable.  It doesn't invalidate the ticket, through which they can hold the driver liable. 

BrownTrout

JimmyNeedsHelp said:

How are you able to draw the distinction?  What is it missing? 

simple
CEL POFA ones at the bottom have a different warning, so its non pofa
use this -nothing else needed

this is an appeal by the registered keeper, no driver details will be given so please dont ask

your notice does not conform to POFA so you are unable to transfer liability from the driver to the keeper.

As you dont know who the driver was then liability can not fall on me, and you will be aware that when the deficiencies in the NTK are pointed out , you the parking operator concede

please cancel or issue a popla code where you will auto withdraw....

JimmyNeedsHelp

Umkomaas said:

JimmyNeedsHelp said:

How are you able to draw the distinction?  What is it missing? 

Have you checked it yourself against the Protection of Freedoms Act 2012 (Schedule 4)?

But for starters, doesn't meet the timing requirements (14-days), doesn't contain the para 9(2)(f) warning ..... to hold the keeper liable.  It doesn't invalidate the ticket, through which they can hold the driver liable. 

Thanks, I will submit and rely on 9(2)(f) that the notice is not sufficient.  
It is within 14 days though, issue date is 23/12/20 and alleged incident is 9/12/20.

JimmyNeedsHelp

BrownTrout said:

JimmyNeedsHelp said:

How are you able to draw the distinction?  What is it missing? 

simple
CEL POFA ones at the bottom have a different warning, so its non pofa
use this -nothing else needed

this is an appeal by the registered keeper, no driver details will be given so please dont ask

your notice does not conform to POFA so you are unable to transfer liability from the driver to the keeper.

As you dont know who the driver was then liability can not fall on me, and you will be aware that when the deficiencies in the NTK are pointed out , you the parking operator concede

please cancel or issue a popla code where you will auto withdraw....

Thanks, I understand.  It should have contained the 9(2)(f) warning regarding transfer of liability....

nosferatu1001

JimmyNeedsHelp said:

Umkomaas said:

JimmyNeedsHelp said:

How are you able to draw the distinction?  What is it missing? 

Have you checked it yourself against the Protection of Freedoms Act 2012 (Schedule 4)?

But for starters, doesn't meet the timing requirements (14-days), doesn't contain the para 9(2)(f) warning ..... to hold the keeper liable.  It doesn't invalidate the ticket, through which they can hold the driver liable. 

Thanks, I will submit and rely on 9(2)(f) that the notice is not sufficient.  
It is within 14 days though, issue date is 23/12/20 and alleged incident is 9/12/20.

No. 
They must give you the notice within 14 days. 
Not "send". It takes 2 days for first class post to be recieved, working days. Means it is deemed served on the 29th.
WHen reading legislation make sure you read the definitions as given has a specific meaning

Coupon-mad

Do as BT says, use his wording.  You can't ask for an easier one and it doesn't matter if it's byelaws land or not.

JimmyNeedsHelp

Just to let you all know, they dropped their charge.  Thank you all for your help. 

Snakes_Belly

Well done This is a hot spot. There was a recent court report on the forum. Defendant won.