Who can use the Protection Of Freedom Act? **Discontinued**

[esmerobbo]

Great result I know you were up for the fight but its done now and all dusted, although you had plenty on your side, county court can be a bit of a lottery.

 

Plus I am sure you have better things to do!

[sploits]

True, I do have better things to do but I quite enjoyed seeing what they were coming up with just to fire them back down. I couldn't have done it with out you lot though

[esmerobbo]

Just read the link, maybe she should have done a bit of research before giving that interview and definatly before issuing claims.

[sploits]

I fully agree. 3 of us got the cancellation letters today. Celia had a busy Friday

[Old Snowy]

Well, it appears that the byelaws were something of a red herring as they do not make any relevant provision (with regard to the management of parking etc). However, a good result all round. Glad it all worked out.

[lamma]

Morning all,

 

Just had some good news regarding Whitehaven Harbour Commissioners. A friend of mine was going through the same rigmarole as we are and he had his court date coming up next week (we've just recieved ours for February next year).

He opens his post this morning and received an early Christmas present from Celia at Whitehaven Harbour Commissioners

http://goo.gl/7xShnL

Why would they do this if they had the rights to claim all the money?? Oh yeah because they know its a con and are now backing down to the people who stand their ground!

 

EDIT

 

I have the Byelaws!!!

http://goo.gl/0oPSMj

For some reason I thought this was going to a bit more up to date. The following is the response I recieved via email:

 

As per your request, please find attached our byelaws currently held by the Secretary of State for Transport.

We are currently re-drafting our byelaws and will be seeking stakeholders' comments during 2014.

Yours sincerely

Whitehaven Harbour Commissioners

Good work. Not many motor cars around at the time those byelaws were made.

I huge whoopsie by WHC.

And when (or should that be if) they include parking in the new byelaws they will exclude PoFA as it will not be relevant land. Will the PPC be pleased ? Will it dare to issue court papers at all (based on PoFA). A PoFA claim against the RK would be a false claim when it is not "relevant land".

I feel there are more whoopsies to come. This could be a gift that keeps on giving for some time yet.

[Old Snowy]

If you have already filed a defence there is always the option of seeking costs from WHC. It was them who discontinued!

[sploits]

Yep a defence was put in. I gave the missus the good news when she got back off her placement and she was chuffed to bits. I then said we were going to go for costs against WHC as a lot of time and effort had gone into all of this. She said not to do it. She just wanted it over and done with. The thing is it never cost her a penny but why should they get away with causing distress to my partner. The time I've taken to research and write to them. To defend the claim. To take pictures in their car parks. Postage costs.

I have a friend willing to sort a letter out for a claim so I shall be back once we have sorted that.

Edited December 3, 2013 by sploits

[ericsbrother]

The Commissioners must be elected or appointed somehow, find out how and when they are elected and get someone on board. Many of these institutions, created for a now arcane purpose have huge sums of money swilling about and little to justify it so the people who are trusted to manage thier affairs are on to a nice little earner with little or no accountability or risk of close inspection. Many charities are in the same position.

Apply for costs, the court will tell you over the telephone how to go about it and whilst you are at it the follow up with the local paper can now be more detailed about how the claims were utterly preposterous and doomed from the outset, pointing out the byelaws and the lack of authority for Celia to act the way she did. A letter to the Commissioners themselves on the same point and a complaint about using the court process to harass and coerce you into paying a claim that didnt have any basis wouldnt go amiss. They wont publicly admit wrongdoing but she wont have advanced her career one bit so they will be stuck with her.

[sploits]

Brilliant advice ericsbrother. I am going to speak to the other 2 lads who had the claims cancelled and we will all go to the Whitehaven News and give our story. I'll post a link once it goes live

[lamma]

Is WHC not a Trust ? If it is then it is worth examining the Deed(s) of Trust. If the trustees have breached their duty then equity will not be kind to them.