PCN advice needed - Well Next the Sea

Acorn_coast85

Good evening, 

Issued with a PCN at Well next the Sea but not the driver (I am the registered keeper).

Issued with the pay £60 within 14 days letter. After starting read all the advice on here think I could appeal but due to work have not had chance to formulate appeal through Ce-service or get my head around all the information. So now already gone over the 14 days and now have 10 days to appeal and/or pay £100.

The driver went to pay at meter , had no cash, had the wrong parking app,  so tried to use download app, after failing to get signal to download, left car park on foot to try get signal, was unsuccessful. So car parked for 17mins. Doubt this argument would hold up in court.

The letter was issued after 14 days of offence.

Would the below response hold up? Or I am wasting my time?

Any advice would be great. Thanks in advance. 


Dear sirs,

I, as registered keeper, wish to invoke your appeals procedure. I was not the driver of the vehicle at the time and date of the alleged overstay. I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liability to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was 29/07/21 and your notice to keeper is dated 18/08/21 and delivered sometime thereafter. According to my abacus the notice to keeper should have arrived no later than 14/08/21.

In any event your charges are penal in nature and not a genuine pre estimate of loss.

Should you reject my appeal please supply a popla code and be warned that I will constitute any further unwanted contact as harassment and will sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

Coupon-mad

Remove his and you will be fine:

In any event your charges are penal in nature and not a genuine pre estimate of loss.

and be warned that I will constitute any further unwanted contact as harassment and will sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

Keep this line at the end:

Should you reject my appeal please supply a popla code.

Acorn_coast85

Thank you coupon-mad. Much appreciated. 

D_P_Dance

There are dfozens of threads aboout this car park  whick, IIMU, is covered by bye-laws.  Read them and complain to your MP, the hrbour master, the Touist Office, and local media.  Have you read the bewbies?  

Umkomaas

The byelaws at the harbour exclude anything relating to parking since they were updated a number of years ago - and the Harbour Master is quick to dismiss any suggestion otherwise - so no mileage there, per se.  

However, the harbour remains under 'statutory control' where, for PoFA purposes, the harbour and surrounds are not 'relevant land'.  That is the tack to take. Under no circumstances should the identity of the driver be revealed. CEL won't progress as far as a court hearing if that position is maintained, and the OP jumps every hurdle and meets every deadline, as CEL will pursue for a while in the hope of an OP slip up, with them gaining a judgment in default. 

Snakes_Belly

For a tiny little fishing village there seems an awful lot of PCN's issued. It is always appearing on this forum. Hopefully when the new CoP is introduced it will appear as a hotspot.

D_P_Dance

I hjope people whi aree inconvenienced at this village are voicing their displeasure on social media.