Pier Head, Exmouth parking ticket - byelaws?

[mahone24]

Hello,
I saw from an old post there was a question regarding whether or not the Car Park in Pier Head, Exmouth was covered by byelaws. I've been served a PCN as the keeper of a car that over-stayed by 31 minutes (I was not the driver that day) and the case has now reached the point of a hearing. This is a simplified version of events but those are the broad strokes.
I told BWL I was not the driver and who it was (I didn't name them specifically but informed them as to their relation to me) but they are pursuing with the usual inflated charges.
They've offered a reduced settlement but as I was not the driver I do not believe I owe them anything. Now these old posts have given me hope re byelaws.
https://www.google.com/maps/@50.6166...7i13312!8i6656
The car was parked in this location.
Does this mean there is no keeper liability if the area is covered by byelaws? Am I right in thinking the area is covered by Byelaws according to this? https://visionforsidmouth.org/wp-con...on-Byelaws.pdf

Any help much appreciated!

[ostell]

If the byelaws cover that area then there can be no keeper liability as it is not relevant land for the purpose of POFA. See para 3 for what is not relevant land

You know where the car was parked. Compare it to the places listed in the byelaws

If it is subject to byelaws then:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

The car park appears to be not relevant land as defined by paragraph 3 of Schedule 4 of The Protection Of Freedoms Act 2012, being subject to local authority control. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

[mahone24]

Thanks Ostell. Trying to work out if the area is subject to byelaws isn't as easy as I'd hoped so far! It's owned by Exmouth Marina which is Independent rather than part of the Council. There's parts of the land (arguably where the car was parked) which are subject to restrictive covenants but they aren't in the title from Land Registry. Reading a lot of historical law to try and understand!

[ostell]

It may not be be owned by Exmouth Marina, they may be leasing it from ???

[mahone24]

From the Land Registry entry (paid the £3 for the title) it is owned by Exmouth Marina (was Exmouth Docks Company).

[ostell]

Owned or leased?

Contact the council and ask where it covers.

[mahone24]

Owned - sadly.
Have also done a search of council owned land via a tool on the East Devon website and whilst they own a lot of the area around this car park it does not cover any of the boundaries that would be applicable here.

[ostell]

So post up a redacted copy of the PCN