Successful Appeal - Port of Wells Car Park Wells on Sea

outofthenight

Hi all,

I recently had a ridiculous parking fine from Port of Wells car park in Wells on Sea, which I then discovered is a notorious hotspot for unfair fines from looking through this forum. In my case, I paid for a ticket to park, but the machine didn't print out my number plate as it was meant to, which meant they issued me a fine for breaching the terms of parking. I spent a lot of time going through these forums to look at how best to approach my appeal, and am thankful to those who took the time to offer advice before, so I wanted to share the content of my appeal, which was successful, they cancelled the charge.

I decided to just go at them from every angle I had found and could think of as you'll see. Their response just said they have cancelled the charge, they didn't say which part specifically led them to do so, but something in there worked at least. I hope it helps others.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

I am attaching a photo of the parking ticket and bank transfer that shows payment was made for parking at 4.01pm on the day of the visit, which extended for the duration of parking. The parking machine was not working properly on the day, as many people were finding. The car registration number was entered into the parking machine, but it only printed the [XX] of the number plate on the parking ticket, as shown in the picture. Your machine was therefore faulty, and this charge needs to be rescinded. The machine was used as stated. The ticket bought clearly shows payment was made to park there until midnight on [date] and the car left at [time and date].

Please find attached a copy of the bank transaction showing payment made to “Phoneandpay” on [date and time] for the sum of £5.00. The address attached to the transaction is “St Nicholas Cl, Elstree, Borehamwood, WD6 3EW, UK”. Companies Houses lists the provided address as the registered address for “Civil Enforcement Services Limited”, Company Registration No. 09767353.  “St Nicholas Cl, Elstree, Borehamwood, WD6 3EW, UK” is also the registered office of QA Nominees Limited, the current Director of Civil Enforcement Limited, Company Registration 03673065. The above mentioned transaction of £5.00 was in payment for parking at the Port of Wells Car Park.

Since receiving this ticket we have also researched and seen many others that have been wrongly charged. I also appeal on the grounds that this "is Not relevant land" as stated under "paragraph 3 (1) c" of the 2012 Protection of Freedom Act - (c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

The car park is governed by "Wells Harbour Revision Order from 1994" that indicates the harbour land is under statutory control,

"General byelaws

9 - (k)for regulating the movement, speed and parking of vehicles within the harbour estate;

“the harbour estate” means the docks, piers, wharves, quays, berths, roads, bridges, sheds and other works and conveniences and the lands, buildings and property, of every description and of whatever nature, which are for the time being vested in or occupied by the Commissioners for the purposes of the harbour;

CEL should not be working on this site, you are obtaining keeper details from the DVLA outside of your remit, and in breach of the DPA.

I would appreciate if you would cancel this parking charge as soon as possible.

Should you fail to do so, I will not hesitate to take other action, including submitting a POPLA appeal and proceeding through other complaints and overturning processes available to me, submitting a Subject Access Request to your company, and writing to the MP and councillors local to your car park, as well as my own local MP. A family friend of mine is a producer on the TV show Rip Off Britain, and I will also submit this to them if this charge is not cancelled – as I have seen how many others have suffered due to your practices.

Coupon-mad

Very good!

A family friend of mine is a producer on the TV show Rip Off Britain, and I will also submit this to them if this charge is not cancelled – as I have seen how many others have suffered due to your practices.

I hear there might be a parking documentary on TV soon, with possible appearances from well known forum posters.