PCN and Clamping Port Isaac Foreshore

[Guest Martiens Bekker]

Hi there!

I'm looking for the Guru's on parking issues!

The foreshore parking had been closed in the Port Isaac harbor last year unless you own a permit - bought for a ridiculous £120.

Nevertheless I've got fined by the AS Parking Company employed to enforce the permit-only parking rule.

After examining their PCN I found that this in itself contravened law passed in 2007 by the House of Lords.

I actually wrote to them and made them aware of the fact that their PCN format is illegal, but only got a very unprofessional and childish reply.

They stated that I trespassed on private property and I wrote back asking who they then work for,

hoping to get a cheaper permit and I wanted to complain about the condition of the parking lot for which I will have to pay!

They refused to give any info and told me to go and park somewhere else if I do not like the condition of the parking lot.

I kept on parking on the beach as a form of 'protest' and because their are no loading area in Port Isaac for business owners, never mind disabled people!

I've collected a couple of these PCN's now and finally got a letter shining some light on my problem - ownership.

I got a letter without any reference number and no name to the signature,

using what I assume is the letter head of the Port Isaac Harbor Commission.

The address is 8 Fore Street Camelford and when I called the number I found it to be the Sproull solicitor’s office.

It is not friendly letter and I accused of being 'above the law' and I've now been warned that the AS Parking Cowboy-squad

had been given orders to clamp my wheels and that they'll apply for a court injunction if I do not stop my behavior.

They did their homework putting up signs concerning the permits and the fees related to clamping,

which is required when clamping is done on private land.

I just can't understand how the Foreshore could be private land?

I also do not want to back off now!

A solicitor's office who is acting on behalf of the Harbor Commission and who also happens to sell the permits

and who uses a cowboy-company to enforce the 'law' using an illegal PCN format...,

something stinks and it's not the dead fish and seaweed in their parking lot!

 

What I would like to know is;

How can permits be sold for parking below the high-water mark when clearly there is no parking at high tide,

no demarcated parking bays and the lot itself not being cleaned up?

Why is there no access control and why can the public be allowed to play, walk, and sunbathe in a parking lot?

Should there not be some sort of access control and warning signs in place warning the public that this is a privately owned parking lot?

Oh yes, the un-named spokes person of the harbor Commission suggested that my behavior is 'ant-social',

which makes me think that one can only be social if you own a permit

[dx100uk]

nothing they can do to you

 

it is a speculative invoice - end of!

 

dx

[cerberusalert]

You will probably find that it is owned by;

 

The Duchy of Cornwall

10 Buckingham Gate

London

SW1E 6LA

 

telephone: 020 7834 7346

 

The Crown Estate owns over half of the foreshore around the UK coastline, although much of this is leased to third parties such as local authorities and Natural England.

 

The remainder is owned by bodies such as the Duchies of Lancaster and Cornwall, local authorities, port authorities, statutory bodies, government departments and the following distinctive examples:

The Church Commissioners in Durham

 

The Duke of Beaufort in the Severn Estuary

 

The Beaulieu Estate on the River Beaulieu.

 

The Crown Estate does not generally own the foreshore around the coastline of Cornwall, Sutherland and the Shetland Isles.

[honeybee13]

Hello there. Am I right in thinking you posted about this at the end of last year, or is what you're asking this time unrelated please?

 

My best, HB

[dx100uk]

good spot HB:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?281497-Injury-sustained-in-parking-area&highlight=

 

dx

[Tony P]

I recall paying £1 or £2 to park on the shingle/sand below the slipway 3 or so years ago - with signs advising when the tide came in! I thought the money was going to the local Parish or Village.

 

As far as clamping is concerned, my uninformed understanding is that clampers must not cause damage - only apply the clamp.

 

Does it therefore follow that if the clamp is not released before the tide comes in, damage to the vehicle could result and become a claim against the clamper and/or their principal (employer)?

 

If so, I think they will be wise enough never to clamp!

 

Therefore the only risk to you is the "PCN" which seems to be speculative invoices - for which the constant advice on these threads is IGNORE and do not respond.

Edited May 15, 2011 by Tony P

[Al27]

Does it therefore follow that if the clamp is not released before the tide comes in, damage to the vehicle could result and become a claim against the clamper and/or their principal (employer)?

 

Yes, but you would be have to with your car and they would have to refuse to come and unclamp it immediately.