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Wells-Next-The-Sea Quay - Civil Enforcement

WaterBourne
WaterBourne Posts: 42 Forumite
Third Anniversary 10 Posts
edited 12 March 2022 at 10:47AM in Parking tickets, fines & parking
Hi all,

Looks like the driver fell foul by waiting in a car park to see if a space became available, left after about 15/20 mins and returned later for another look. 

In classic PPC style they have only noted the first in/last out however, as this car park is covered by byelaws I was thinking of replying with something like:

As your NTK is not POFA compliant please take this matter up with the driver.
1.       POFA 2012 Para 2( c ) you will be well aware that, as a Port Authority, the area is subject to byelaws and therefore not relevant land.
2.       POFA 2012 Para 3 the driver has no liability as there is no relevant land.
3.       POFA 2012 Para 7 the NTK was received on Friday 4th March, 16 days after the alleged incident.

Do I need to include anything else or take anything out?

Thanks

WB


«134

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,527 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    2.       POFA 2012 Para 3 the driver has no liability ..... 
    Registered Keeper?
    as there is no relevant land.
    I'm not sure I understand that.

    Do you intend to add these points to the blue text initial appeal template from the NEWBIES FAQ Announcement, first post?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • WaterBourne
    WaterBourne Posts: 42 Forumite
    Third Anniversary 10 Posts
    Sorry yes should have included everything. Let me try again. 

    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.

    Also, 
    As your NTK is not POFA compliant please take this matter up with the driver.
    1.       POFA 2012 Para 2( c ) you will be well aware that, as a Port Authority, the area is subject to byelaws and therefore not relevant land.
    2.       POFA 2012 Para 3 the keeper has no liability as there is no relevant land.
    3.       POFA 2012 Para 7 the NTK was received on Friday 4th March, 16 days after the alleged incident.


  • FrankCannon
    FrankCannon Posts: 186 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    In your opening post, you have admitted to being the driver. As PPCs read this forum, you should change it at your earliest opportunity. I think you need to have posted 10 times before you can edit your posts - not sure.

    Can you tell us what the event date and PCN issue date are ?
  • WaterBourne
    WaterBourne Posts: 42 Forumite
    Third Anniversary 10 Posts
    Event date was 16th Feb, received 4th Mar. 

    I'll have to wait to edit the post 
  • WaterBourne
    WaterBourne Posts: 42 Forumite
    Third Anniversary 10 Posts
    Event date was 16th Feb, received 4th Mar. 

    I'll have to wait to edit the post 
  • WaterBourne
    WaterBourne Posts: 42 Forumite
    Third Anniversary 10 Posts
    Please ignore this
  • WaterBourne
    WaterBourne Posts: 42 Forumite
    Third Anniversary 10 Posts
    Please ignore this
  • WaterBourne
    WaterBourne Posts: 42 Forumite
    Third Anniversary 10 Posts
    Please ignore this
  • Umkomaas
    Umkomaas Posts: 43,527 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't use 'bump' style posts to up your post count. MSE frown on it and you could receive a ban, which won't help you get the advice you will likely need in the coming weeks/months. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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