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GXS Services Shoreham Port - Final Demand BW legal

24

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,184 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 15 January at 4:06AM
    I don't know it, but there's a pic here.

    https://www.pilbeamconstruction.co.uk/project/lady-bee-enterprise-centre/

    Where exactly was the car? Can you show us on Google Streetview?

    Hidden CCTV ticket by post?  Or some goon on foot?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ronnie1977
    ronnie1977 Posts: 26 Forumite
    First Anniversary First Post
    I don't know it, bit there's a pic here.

    https://www.pilbeamconstruction.co.uk/project/lady-bee-enterprise-centre/

    Where exactly was the car? Can you show us on Google Streetview?

    Hidden CCTV ticket by post?  Or some goon on foot?
    The Lady Bee Enterprise centre is just along from the port kitchen, looks like google street view doesn't go that far in to the estate, however I believe it was roughly where the white car/ van is at the back of the picture in the link you posted. There are 2x electric charge points there and you can see the electric point and the white van in one of the other photos if you scroll along. Its someone on foot as they have taken pictures of the car from various angles and with the ticket placed on the windscreen.
  • Coupon-mad
    Coupon-mad Posts: 131,184 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Have you made a formal complaint to the landowner / Port Authority?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ronnie1977
    ronnie1977 Posts: 26 Forumite
    First Anniversary First Post
    Have you made a formal complaint to the landowner / Port Authority?
    Yes and they ignored it! I found the chief executives email address over the weekend and have forwarded it on to him.
  • Gom_Jabbar
    Gom_Jabbar Posts: 11 Forumite
    First Post Name Dropper
    I complained to the Commercial Director and got this generic response from an admin.

    Thank you for contacting Shoreham Port. 

    Shoreham Port’s complaints form is not an alternative for car parking appeals, which must be made via GXS’ appeals system and IAS. 

    If you have received a parking charge notice or a letter notifying you of the charge, please follow the instructions included and submit your appeal to GXS if you wish to appeal.

    Everyone who wishes to park within our estate must observe the parking regulations displayed on our signage and it is the responsibility of the driver to abide by these. The management of parking across Shoreham Port’s estate is conducted legally and through GXS, an established professional operator. Parking enforcement enables us to regulate parking activity, thereby ensuring that spaces are available for all our stakeholders. Our parking enforcement contractor is an independent company. GXS are crucial to the safety and management of our roadways. 

    Kind regards,
  • Coupon-mad
    Coupon-mad Posts: 131,184 Forumite
    Name Dropper First Post Photogenic First Anniversary
    I'd reply to that.  Not good enough.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gom_Jabbar
    Gom_Jabbar Posts: 11 Forumite
    First Post Name Dropper
    Just got a LoC which I've replied using the template. Think I'll respond to the Port with my apoplectic hat on!!
  • Fruitcake
    Fruitcake Posts: 58,206 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Has the driver's identity been given to the PPC at any point? Shoreham Port is covered by byelaws, therefore it is not relevant land, therefore the keeper can never be held liable.

    Byelaws_2012_Shoreham_Port_Authority_approved.pdf (shoreham-port.co.uk)

    What was the reason given for issuing the PCN and the claim? Even if the driver's identity has been given, only para 16 of the byelaws would be relevant to a parking event, and only if a breach of parking was the same as if it occurred on a public road.

    There was an airport byelaws case recently where the judge found that the parking terms were more onerous than the byelaws. The byelaws permitted stopping in an emergency, which the driver did to attend to a sick infant, yet the PPC's made up rules said that stopping was not permitted under any circumstances. The judge thought this was unfair, and determined that the byelaws took precedence. 

    In your case, the parking terms (whatever they are) are more onerous than the operating of a vehicle terms stated in the byelaws.

    I'll have a look to see if I can find the relevant thread, which I think was quite recent. 


    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • ronnie1977
    ronnie1977 Posts: 26 Forumite
    First Anniversary First Post
    Hi All. just an update on this, I received a reply from shoreham port authority which was clearly written by GXS!

    It appears that GXS are basically able to mark their own homework:

    "Apologies for the delay in responding to your email which, unfortunately, would have been received during the office closure for Christmas and bank holiday period 2023/2024.

     With reference to the specific points, you raise in your correspondence.

    • The Port has operated paid public parking in conjunction with the ability to charge EV’s in certain bays for over 2-years. While this is the first complaint of this nature, we will keep it on record as we are constantly reviewing the parking situation across the estate. 
    • All signage is clearly displayed and independently audited to ensure it meets all legal requirements for the area. It is the responsibility of the driver to familiarise themselves with, and abide by the parking conditions, detailed on the signage in the area they wish to park.
    • The EV charging facility is provided by Podpoint and the payment method for the parking facility is provided by Paybyphone. Both are chargeable services.  As stated on the signage in situ, you can pay for parking by using the PayByPhone app, by visiting the PayByPhone website or by calling or texting PayByPhone on the telephone number displayed on the signage.
    • I can confirm that the initial notice affixed to the vehicle was a valid Parking Charge Notice which held all the information required to make payment or appeal through GXS website from the time of issue on 1st May 2023, as time dated in the photo below.
    • The management of parking across Shoreham Port’s estate is conducted legally and through GXS, an established professional operator. Our parking enforcement contractor is an independent company and GXS are crucial to the safety and management of our roadways. Shoreham Port’s complaints form is not an alternative for car parking appeals though, which must be submitted via GXS’ appeals system and IAS.

     At this stage of the legal process, I recommend you follow the guidance on the correspondence you have received. May you also respond directly to the company that has contacted you with any further queries about the outstanding parking charges, as we are unable to assist any further".

  • ronnie1977
    ronnie1977 Posts: 26 Forumite
    First Anniversary First Post
    I also received the following reply from BW legal, not sure exactly what 'queried for your documents' means but they are saying that the case is now on hold:

    Good Morning,

    Thank you for your email.

    Please note that we have queried for your documents in regards to this matter and we will send these to you once we have obtained these from our client, this will remain on hold until then. 

    A PCN is not subject to VAT as it is not an invoice. A PCN is a reminder of your contractual obligations to adhere to the terms and conditions of parking and notification that these terms have been breached.

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