GXS - BWlegal - Shoreham Harbour - Defence

Coupon-mad

That's fine.  Hope you removed the other bit.  You can't be saying you were in a hurry and that's why you missed terms.

Being local-ish, I've no idea why people park there.  This is Southwick or Portslade area?  The roads are free to park near the beach and I would never in a million years look for a car park at Shoreham Port.

orange_bag

Coupon-mad said:

I like your paragraph 4 but certainly not this line in 3.  Needs removing:

"The driver did not notice the signs as they were in a hurry".

Why haven't you admitted to driving in 2, as the template defence tells you to add?

I've edited paragraph 4 as suggested by KeithP to third person.

I've removed the line. Is it better?

3. The day in question was during lockdown and the driver was called to the area to pick someone up who had been exercising nearby and was too tired to get home of their own accord. The driver believed the car park belonged to the gym onsite. As it was during lockdown, the gym was closed so the driver did not believe it an issue to park for the short time needed to collect their loved one from the beach nearby. The driver was parked for approximately 30 minutes and did not receive any ticket or notice on their windscreen on returning to their vehicle.  

I did not admit to being the driver because of my appeal, I asked about this in my first post. 

• In the reason for appeal (below in SAR reply) I put ‘I did not park for the stated time’ so I should not put the ‘and driver’ in part 2 of the defence as this would be a contradiction, yes/no?

I will change it to ..... and driver

 

Coupon-mad

And change this to defendant:

during lockdown and the driver was called to the area 

Unicorn51

It might be worth trying to find out if the car park was covered by Port byelaws.

As your PCN was issued May 2020, byelaws where still in force. They were replaced by General directions 2021.

Also on the Port website they refer to Penalty Charge Notices.

Castle

According to the "Draft" General Directions for the Port-Section 85 would apply to a breach of a General Direction:-

85. PENALTY PROVISIONS (1) By virtue of Article 8 of the 2021 Order any person who fails to comply with a General Direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale

So the land would still be subject to statutory control.

Shoreham_Port_draft_General_Directions__Public_Consultation_2021.pdf (shoreham-port.co.uk)

orange_bag

Coupon-mad said:

That's fine.  Hope you removed the other bit.  You can't be saying you were in a hurry and that's why you missed terms.

Being local-ish, I've no idea why people park there.  This is Southwick or Portslade area?  The roads are free to park near the beach and I would never in a million years look for a car park at Shoreham Port.

I was collecting someone from the beach area right next to the car park. Hove lagoon end of the port.

orange_bag

Unicorn51 said:

It might be worth trying to find out if the car park was covered by Port byelaws.

As your PCN was issued May 2020, byelaws where still in force. They were replaced by General directions 2021.

Also on the Port website they refer to Penalty Charge Notices.

DP already asked this question and I did my best to answer on page 1 of this post.  Yes I understand the time frame but I didn't see anything about parking. This is the link to the byelaws 2012, it's short, but no mention of parking as far as I can see. 


https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Byelaws_2012_Shoreham_Port_Authority_approved.pdf

orange_bag

Coupon-mad said:

And change this to defendant:

during lockdown and the driver was called to the area 

I've change everywhere I wrote driver to defendant.

orange_bag

Castle said:

According to the "Draft" General Directions for the Port-Section 85 would apply to a breach of a General Direction:-

85. PENALTY PROVISIONS (1) By virtue of Article 8 of the 2021 Order any person who fails to comply with a General Direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale

So the land would still be subject to statutory control.

Shoreham_Port_draft_General_Directions__Public_Consultation_2021.pdf (shoreham-port.co.uk)

Sorry.... I don't know what that means. "So the land would still be subject to statutory control."

I believe this is the finalised version of General directions 2021
https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Shoreham_Port_General_Directions_2021.pdf

And this is the 2012 Byelaws
https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Byelaws_2012_Shoreham_Port_Authority_approved.pdf

Also if I am admitting now in my defence that I was the driver, would being covered by byelaws even matter? It is my understanding, maybe incorrect understanding, that if covered in byelaws they can't force me as the keeper to name the driver or come after me as the registered keeper.  

Coupon-mad

orange_bag said:

Coupon-mad said:

That's fine.  Hope you removed the other bit.  You can't be saying you were in a hurry and that's why you missed terms.

Being local-ish, I've no idea why people park there.  This is Southwick or Portslade area?  The roads are free to park near the beach and I would never in a million years look for a car park at Shoreham Port.

I was collecting someone from the beach area right next to the car park. Hove lagoon end of the port.

A place with free parking on-street beside the pub, along the road that comes off at the traffic lights, leading to 'millionaire's row' at Hove Lagoon. And some parking near the King Alfred too.

There is never a reason to use a car park there and you can pay and display (with no parking shark risk) along the entire length of A259 seafront road, beside Hove lawns.

I am trying my hardest to encourage people not to seek out a car park to park a car.  This is where drivers are gong wrong. I never look for car parks - but then I realise I'm unusual and know all there is to know about PPCs and where to avoid like the plague.