Ok thank you.
I have responded and will await their claim.
For new people with the same problem (PCN issued at same location, KFC at Portsmouth Harbour), I highly recommend using this tool:
Received an unfair private parking ticket? Use NinjaPCN to check if your PCN is unlawful and generate a custom appeal template to appeal the charge to POPLA, IAS, and the parking operator.
which I personally developed, to check the postcode of the parking charge.
In this specific instance it looks like the PCN is issued by a private parking operator on statutory land governed by byelaw, so PoFa doesn't apply.
Regards,
Michele
I’d be surprised if it were statutory land, presumable Binnacle Way North Harbour PO6 4SR, to the west of what used to be IBM North Harbour, north of the M27 and south of the A27. Nowhere near Portsmouth Harbour (about 5 miles away). I’d want to see the byelaws to be sure. Reclaimed land built on in the 1970s I think; I started working for IBM in North Harbour in 1984.
Yes, Reply #42 shows the redacted contract for the address above even though the original PCN is no longer viewable.
North Harbour is land immediately to the north of the natural harbour and on the mainland rather than on Portsea Island.
hm yeah it's definitely not harbour byelaw. My tool flags it as forestry land but it might be a false positive. Need to double check it.
Yes indeed. I adjusted the tolerances on the tool. Byelaws don't apply at this site.
DCB Legal have replied to my formal response to their Letter Of Claim thus
"We write to acknowledge safe receipt of your formal response to our Letter of Claim sent to you in respect of this matter.
Having considered your response, our position in respect of this matter remains as per our Letter of Claim. We note that despite your points of dispute, there is an absence of any evidence in support of the same so that we may consider this with our Client. If you do have evidence which you believe supports your dispute, please furnish us with the same within the 30 days afforded to you.
As it stands, the initial 30 day timeframe under the Pre-Action Protocol remains, and County Court proceedings will be issued following expiry of this 30 day period, without any further reference to you."
To me this looks just like a cut and paste job. I will update this post when they issue the County Court proceedings.