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wells Next the sea Xmas day fined tho I paid?, Parking fine
Charles Young
post Fri, 18 Jan 2019 - 22:20
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Went to Wells next sea on 25/12/18

Noticed signs to pay online and use internet or coin machines.

Was cold so sat in car and tried signing on parking eye website in order to pay.
Website was very slow and despite numerous attempts to pay online. I gave up as the signal was too slow? And kept on hanging

Paid my £4:50 in cash for all day ticket which expired at midnight

Despite this I’m being chased by parking eye for not paying within 10 mins of arrival

I received a fine in the post, to which I supplied photographic evidence that I’d paid the appropriate amount 20 mins after I’d arrived.
So 10 mins overdue.

That appeal has been refused so now I have to pay again.


So in good faith I’d tried to conform and had in fact paid for my parking space.



Now I’m being hounded £80;00


Never again Wells .

Do I pay the fine as they say I’ve failed in my appeal?


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post Fri, 18 Jan 2019 - 22:20
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stamfordman
post Fri, 18 Jan 2019 - 22:27
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This is a private parking ticket so I've asked for a move to the right forum.

Edit the post so you do not disclose the driver and post the PCN the right way up.
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Charles Young
post Fri, 18 Jan 2019 - 22:31
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QUOTE (stamfordman @ Fri, 18 Jan 2019 - 22:27) *
This is a private parking ticket so I've asked for a move to the right forum.

Edit the post so you do not disclose the driver and post the PCN the right way up.


Really struggling with the website on me iPhone so apologies for the problems
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ostell
post Fri, 18 Jan 2019 - 22:49
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So post up the original PCN, redacting identifying information. Add edit so that the driver cannot be inferred. Use "the driver......." etc. Also repost that CEL letter and remove the POPLA code. Has the identity of the driver been revealed, simple Yes or No.

This would appear to be an area subject to the byelaws of the Wells Harbour Commissioners. It is therefore likely to be not relevant land for the use of Schedule 4 of the Protection of Freedoms Act 2012 to be able to hold the keeper liable if the don't know the name of the driver.

Is this the place? There seems to be no requirement at the start to purchase a ticket within 10 minutes and as there is only one rate then what the heck is that. It would be an unfair term.

You will have to start preparing an appeal to POPLA to get the charge cancelled.

This post has been edited by ostell: Fri, 18 Jan 2019 - 23:09
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Redivi
post Fri, 18 Jan 2019 - 22:58
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Edit your original post

You're being chased by Civil Enforcement not ParkingEye

The company is renowned for taking advantage of failures of its payment system
It's even recorded in the minutes of Bridgnorth Council

I would now ignore everything for a while

CEL has a standard letter chain and nothing you send will interrupt it
Wait until the second or third letter from QFD solicitor

It issues thousands of claims as a low cost high pressure debt collection tactic, not with the intention of going all the way to a hearing
They are very easy to defend and CEL will nearly always discontinue them


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ostell
post Fri, 18 Jan 2019 - 23:10
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Redivi, that letter is giving a POPLA code and with not relevant land then POPLA should accept.
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Redivi
post Sat, 19 Jan 2019 - 00:10
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Can't find any paragraphs in the Wells Harbour Revision Order 1994 that cover vehicles and parking
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ostell
post Sat, 19 Jan 2019 - 09:27
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Does it actually have to control parking specifically? It is just under control or provided by
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Broadsman
post Sat, 19 Jan 2019 - 10:03
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Used to enjoy going to Wells-Next-The-Sea.

If these ********* are there, that's at least 2 customers they have lost.

Never again.
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Redivi
post Sat, 19 Jan 2019 - 10:38
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QUOTE (ostell @ Sat, 19 Jan 2019 - 09:27) *
Does it actually have to control parking specifically? It is just under control or provided by

3
(1)
In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)
a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)
a parking place which is provided or controlled by a traffic authority;
©
any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
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cabbyman
post Sat, 19 Jan 2019 - 12:03
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Clause 9(k) empowers the Harbour Commissioners to make byelaws regarding parking but, as Redivi has said, they don't appear to have made any:

http://www.legislation.gov.uk/uksi/1994/1440/made


--------------------
Cabbyman 11 PPCs 0
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SchoolRunMum
post Sun, 20 Jan 2019 - 01:32
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Did you already blab about who was driving? If so, then 'not relevant land' won't be possible as an argument.

Did you leave well BEFORE the expiry of the P&D ticket? i.e. paid for the full parking time?
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