PCN Port of Wells Civil Enforcement Ltd

BTBATOG

Good evening one and all.
As a newbie and having picked up lots of invaluable info along the way after reading many of the threads (including the sticky's and particularly the Newbies one from which defence template will be used and built up) regarding PCN's from this and other (one can only assume(I know! ;-) ) 'licensed companies' - we are, having received limited correspondence only TWO letters to date, at CCBC Northampton stage (waited for this stage eagerly!!). I am about to return the AoS which was dated 15th March 2021 and am already underway with the defence which will be submitted long before the deadline of 17th April (28 + 5 from date of issue)
I have a few questions that I would like to ask, and can provide more detail, but firstly would like to request some help with images of the signage ideally timestamped before and after the 25th June 2020 for obvious reasons...if at all possible...as we are based in the Midlands I can only guess that a seaside jolly to take some pics wouldn't wash as essential somehow ;-)
If anyone can possibly help that would be so very much appreciated.
Thank you in anticipation of any help and please keep up the fantastic work in helping us all fight back.

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

For pictures of signs, have you tried Google Street View?
There are several Port of Wells threads on here that may help you too.

BTBATOG

Sorry...the Issue Date was 15th March not the AoS

KeithP

With a Claim Issue Date of 15th March, you have until Monday 5th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 19th April 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

pustit

Beat The B******* At Their Own Game.  I like that ! 

BTBATOG

Thank you KeithP...is that because what would be the due dates fall on a weekend?
Trust me...they won't be missed

KeithP

BTBATOG said:

Thank you KeithP...is that because what would be the due dates fall on a weekend?
Trust me...they won't be missed

Yes, a Defence, or any other court document, never has a filing deadline on a non-working day. The calculated deadline is always extended to 4pm on the next working day.

BTBATOG

Thanks again KeithP...I vaguely remember seeing that somewhere now you mention it...possibly one of your previous posts!

Apologies...missed your comment about the signage....yes I have street viewed it and the images are old...from memory around 2017 so not much use...I have also PM'd a couple of people so fingers crossed they can help

Unless my ageing eyesight is worse than I thought I haven't seen any images so far...that said it's bordering on a miracle I can remember anything as I've read so many posts in the last few weeks

BTBATOG

pustit said:

Beat The B******* At Their Own Game.  I like that ! 

Not quite but close...now why didn't I think of that

Umkomaas

Port of Wells Harbour is under statutory control and as such is 'not relevant land', therefore the Protection of Freedoms Act 2012 (Schedule 4) cannot be used by the PPC to invoke keeper liability.  That said, I think CEL don't attempt to invoke via their PoW NtKs. So if the driver's identity hasn't been revealed to them, they're up the harbour without a paddle!  Can we see a redacted copy of the NtK please (both sides but leave dates showing)?  Have you revealed the driver's identity to them at any time in correspondence?

However, you do have to go through all the motions to defend the claim, which will include a line that you (if you are the RK) cannot be held liable under PoFA and therefore CEL have no basis for their claim.  CEL almost invariably discontinue when defendants put up a robust defence (even needing to go through the Witness Statement stage too).  If you're up for it, you could launch a counterclaim for the misuse of your personal data (under GDPR/DPA), which means they cannot then discontinue, as they then have a claim on them to defend in court - you have them by the short and curlies. You have to pay for the counterclaim at the point of making it alongside your defence submission. Think about it. Here's some reading:

SUING FOR A BREACH OF THE DATA PROTECTION ACT?

https://www.parkingcowboys.co.uk/data-protection-act/

http://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html

http://parking-prankster.blogspot.com/2017/08/cp-plus-lose-data-protection-claim.html

http://parking-prankster.blogspot.com/2018/04/parking-awareness-do-not-contest-535.html

D_P_Dance

There have been several threads on here about this car park.  AFAICR, in not one has the PPC prevailed.