ccj for parking fine

Fruitcake

Remind us of the location in case it has cropped up here before.

Also have a look at Google Streetview to see if there are any historic images from either side of the alleged event. There is usually a drop down menu in the insert image near the top left of the main image. Click on the clock next to the words Street View to see images taken on other dates.

Coupon-mad

Yes - if your PCN is from Wells-Next-the-Sea then use and adapt that WS about Fairlie v Fenton.

rms22

Fruitcake said:

Remind us of the location in case it has cropped up here before.

Also have a look at Google Streetview to see if there are any historic images from either side of the alleged event. There is usually a drop down menu in the insert image near the top left of the main image. Click on the clock next to the words Street View to see images taken on other dates.

Thanks. It'a the Port of Wells Car Park, Wells Next the Sea.

rms22

Coupon-mad said:

Yes - if your PCN is from Well Next the Sea then use and adapt that WS about Fairlie v Fenton.

Thanks. Will be sure to include it.

FrankCannon

Here are some photos taken by CEL in June 2018, when they started operating in the car park. They came from their evidence pack in my PoPLA appeal, which I lost.

Fruitcake

Not a BPA roundel in site. Isn't that a BPA CoP breach?

From the 2018 version of the CoP.

18.8 You should display the BPA’s AOS logos at all sites. This will help the public to see that you are a legitimate operator, and show that the site is run properly.

FrankCannon

...... and these photos from February 2019 show what CEL left out of the evidence pack - apologies for the poor quality, but they were taken by somebody else.

The first one shows the 2 different entrance signs, the second photo is a close-up of the non-compliant sign. The bottom photo shows the signage just inside the entrance to the car park, which shows an offer from the Harbour Commissioners and clearly demonstrates that bylaws are in place. I would hope that @Coupon-mad would be able to advise you on that.

Coupon-mad

That last photo is the important one as it says the parking rules are 'by order of the Harbour Commissioners'.  CEL have also tried hard to cover that up in one of the other pics.

So the parking contract is offered by the Harbour Commissioners.

Fairlie v Fenton is trite law.  CEL have no standing.

If CEL could get away with suing you, then the Harbour Commissioners could then get in line and file a second claim for trespass and that's not a lawful set up for a consumer to face.

Only one party has standing to sue.  One party is offering the contract and in this case it's the principal, when disclosed on a sign like that.

I won a case v NCP like this in February and never posted about it. I'll put up a thread about it shortly.

rms22

Thanks, for the photos and replies - great help.

Is it worth waiting to see if they pay the hearing fee before doing the WS? Do they ever not pay the fee? It's due on the 11th of August with the hearing set for 8th September.

Or is better to just crack on with the WS and get it submitted well before? If I do submit it within the next week or so are they more likely to discontinue quicker?

Le_Kirk

Do not assume they will not pay, keep to your deadlines.   Even if they do not pay, they will claim they did and the court "lost it" and they will be given far more leeway than a defendant will likely receive.