02-13-2026, 11:51 AM
Hi @JoeBloggs90. Welcome to the forum.
First, I need to correct something. I initially proceeded on the basis that Bewl Water being a statutory reservoir undertaking meant the land was under statutory control for PoFA purposes. That was maybe a bit too broad. Reservoir legislation on its own does not automatically establish that parking or control of vehicles on the leisure estate is subject to statutory control.
For PoFA Schedule 4 to be disapplied, the parking or control of vehicles must itself be subject to statutory control. I have not yet seen any confirmed byelaws or statutory instrument that regulate vehicles on the car parks or access roads where First Parking operate. I cannot find the Act itself anywhere online.
So before we go any further with that argument, we need clarification.
You now need to submit a formal Environmental Information Regulations (EIR) request to Southern Water Services Ltd (they are the statutory undertaker for Bewl Reservoir).
Use this link:
https://www.southernwater.co.uk/about-us...formation/
Submit the request through their EIR route. In the request box, put the following:
Submit that and keep a copy. They normally have 20 working days to respond.
Now, separately, we need to tighten up the actual parking charge case.
Please upload:
– Any entrance signage.
– Any tariff boards.
– Any signage that states parking charges apply before 08:00.
– Any signage that clearly states that time on site before 08:00 is chargeable.
The FAQ states parking is charged from 08:00. If signage does not clearly state that pre-08:00 presence forms part of a paid contractual period, that becomes highly relevant.
We will deal with:
– Consideration period on entry.
– Mandatory grace period at the end.
– The mismatch between website representation and alleged contractual terms.
– Whether ANPR time on site can lawfully be equated with parking time.
For now:
Once we see the byelaw position and the NtK wording, we will know exactly which direction this goes.
The only other factor that is relevant is that this is being handled by DCBL which means that off they do move to a claim, it will most likely be by their sister company, DCB Legal. I can assure you with greater than 99% certainty, that any claim issued by DCB Legal, as long as it is defended, no matter how poorly, it will be discontinued before they have to pay the £27 trial fee.
First, I need to correct something. I initially proceeded on the basis that Bewl Water being a statutory reservoir undertaking meant the land was under statutory control for PoFA purposes. That was maybe a bit too broad. Reservoir legislation on its own does not automatically establish that parking or control of vehicles on the leisure estate is subject to statutory control.
For PoFA Schedule 4 to be disapplied, the parking or control of vehicles must itself be subject to statutory control. I have not yet seen any confirmed byelaws or statutory instrument that regulate vehicles on the car parks or access roads where First Parking operate. I cannot find the Act itself anywhere online.
So before we go any further with that argument, we need clarification.
You now need to submit a formal Environmental Information Regulations (EIR) request to Southern Water Services Ltd (they are the statutory undertaker for Bewl Reservoir).
Use this link:
https://www.southernwater.co.uk/about-us...formation/
Submit the request through their EIR route. In the request box, put the following:
Quote:“I request confirmation whether any byelaws have been made under the Medway Water (Bewl Bridge Reservoir) Act 1968 or any other enabling legislation in relation to Bewl Water, Bewlbridge Lane, Lamberhurst, TN3 8JH.
If so, please provide a complete copy of all byelaws currently in force.
Please confirm the geographic extent of any such byelaws, specifically whether they apply to the leisure estate, access roads and car parks (not limited to the water body itself).
Please confirm whether any such byelaws regulate, control, restrict or govern the bringing, driving, stopping, standing, leaving or parking of motor vehicles on the land forming part of the Bewl Water estate.”
Submit that and keep a copy. They normally have 20 working days to respond.
Now, separately, we need to tighten up the actual parking charge case.
Please upload:
- The original Notice to Keeper (both sides). Not a reminder. The very first NtK.
- All images they have supplied so far (ANPR entry/exit etc).
- Any wording on the NtK that mentions PoFA or keeper liability.
– Any entrance signage.
– Any tariff boards.
– Any signage that states parking charges apply before 08:00.
– Any signage that clearly states that time on site before 08:00 is chargeable.
The FAQ states parking is charged from 08:00. If signage does not clearly state that pre-08:00 presence forms part of a paid contractual period, that becomes highly relevant.
We will deal with:
– Consideration period on entry.
– Mandatory grace period at the end.
– The mismatch between website representation and alleged contractual terms.
– Whether ANPR time on site can lawfully be equated with parking time.
For now:
- Do not contact DCBL.
- Do not pay.
- Submit the EIR request.
- Upload the NtK and evidence here.
Once we see the byelaw position and the NtK wording, we will know exactly which direction this goes.
The only other factor that is relevant is that this is being handled by DCBL which means that off they do move to a claim, it will most likely be by their sister company, DCB Legal. I can assure you with greater than 99% certainty, that any claim issued by DCB Legal, as long as it is defended, no matter how poorly, it will be discontinued before they have to pay the £27 trial fee.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
