Bay Park Management - Can I win in court?

peter_the_piper

One persons bad news is anothers good news, it couldn't happen to a nicer bunch.

trisontana

This from Bay Park Managements website:-

As we are BPA approved, all our activities are conducted both with adherence to the British Parking Association’s Code of Best Practice and with the policies that gained our firm the ISO: 9001 quality management standard – all in full compliance with current industry legislation. Our legal warning signage was formulated in consultation with the UK’s Office of Fair Trading and surpasses the legal requirements.

So yet another failure for both the toothless BPA and various government departments.

trisontana

Name & Registered Office:
CNJ CONTRACTS LIMITED
SPW
GABLE HOUSE 239 REGENTS PARK ROAD
LONDON
N3 3LF
Company No. 06334388




Status: Active
Date of Incorporation: 06/08/2007

Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC(03)):
7460 - Investigation & security
9800 - Residents Property Management
Accounting Reference Date: 31/08
Last Accounts Made Up To: (NO ACCOUNTS FILED)
Next Accounts Due: 06/06/2009 OVERDUE
Last Return Made Up To: 06/08/2008
Next Return Due: 03/09/2009 OVERDUE

As you can see, their accounts are at least 6 months overdue.

Coblcris

clambin wrote: »

I know all about CNJ Contracts trading as Bay Park Management as I have obtained judgement against them on behalf of one of my colleagues (I used to be a lawyer but now do something both more interesting and profitable!). They were so slippery (filing a very verbose defence, and making a counterclaim) that I decided to spend some money on dealing with the litigation properly. Accordingly, I used a ritzy city firm to pursue them, with the help of a barrister who drafted a defence to their counterclaim.

After six months of screwing around the upshot is that CNJ contracts is in the process of being wound up. Obviously, this means that there is no possiblity of actually obtaining any the clamp fees or costs back for my colleague, or, unfortunatley, the original poster. There's a pretty clear pattern: set up a business trading as Bay Park, and phoenix one limited company after the other (which will trade as Bay Park). This obviously enables the owner of the phoenix company to avoid ever filing accounts or paying corporation tax. Furthermore, the phoenix company does not have to disclose the fact that it's above the VAT threshold, so should be registered for VAT.

Various enquiries (I'm not revealing my sources) indicate:

Bay Park turns over £5m+ per annum so should be registered for VAT (and should have paid some £700k or so in VAT to HMRC, but haven't paid a penny)
Bay Park is in breach of various Companies Act requirements
The MD has a string of "failed" businesses behind him
A criminal prosecution against the MD of CNJ is being actively being considered by a certain goverment agency. Basically a proper **** storm is heading towards the MD of CNJ.

So, forget the idea of getting any money from CNJ or Bay Park Management, but cheer up, because the MD has some very bad news coming his way.

Well Done.
This has characteristics that would apply to many Private Parking Companies in my opinion.
The government is missing out on substantial income from the Proceeds of Crime Act. It they assigned just one capable solicitor they would garner many millions quite quickly.

tbutler12345

clambin wrote: »

I know all about CNJ Contracts trading as Bay Park Management as I have obtained judgement against them on behalf of one of my colleagues (I used to be a lawyer but now do something both more interesting and profitable!). They were so slippery (filing a very verbose defence, and making a counterclaim) that I decided to spend some money on dealing with the litigation properly. Accordingly, I used a ritzy city firm to pursue them, with the help of a barrister who drafted a defence to their counterclaim.

After six months of screwing around the upshot is that CNJ contracts is in the process of being wound up. Obviously, this means that there is no possiblity of actually obtaining any the clamp fees or costs back for my colleague, or, unfortunatley, the original poster. There's a pretty clear pattern: set up a business trading as Bay Park, and phoenix one limited company after the other (which will trade as Bay Park). This obviously enables the owner of the phoenix company to avoid ever filing accounts or paying corporation tax. Furthermore, the phoenix company does not have to disclose the fact that it's above the VAT threshold, so should be registered for VAT.

Various enquiries (I'm not revealing my sources) indicate:

Bay Park turns over £5m+ per annum so should be registered for VAT (and should have paid some £700k or so in VAT to HMRC, but haven't paid a penny)
Bay Park is in breach of various Companies Act requirements
The MD has a string of "failed" businesses behind him
A criminal prosecution against the MD of CNJ is being actively being considered by a certain goverment agency. Basically a proper **** storm is heading towards the MD of CNJ.

So, forget the idea of getting any money from CNJ or Bay Park Management, but cheer up, because the MD has some very bad news coming his way.

Thanks this makes me feel better for walking away. Now one query is still left in my mind - whether I would have seen any cash from the landowners if they were a co-defendant in my case. The judge in my case told me it wouldnt have, but others here and at peipoo say it would have.

Unfortunately it seems the legal system is stacked in the favour of chancers like this and there is little we can do about it. You have to admire the balls and intelligence involved in a muliplex scam like this though.

jkdd77

Unfortunately, there is only one solution- angle grinders.

I urge every motorist to buy one before they, too, become a victim of these criminals.

dariadaria

Sandpaws wrote: »

i am about to sue both the MD of Bay Park management and the Landlord at the site on Power Road Chiswick (Rezel PTY Ltd) as a result of a clamping and threatened tow away on 15/12/09. If anyone needs their names and contact details, please follow this link. I intend to have this extremely 'unpleasant and unscrupulous' business (I choose my words carefully) fully investigated and prevented from any further trading, at whatever cost. The media and local MPs will also be involved, so watch this space. Let me know if you have had any experience (notably unpleasant) with the Bay Park Management company.

bay park... clamped my car 11/12/09 on the road(single yellow line) saying something about private land...;:mad: We made a complaint to bay park management po box 52668 (I have the proof that I send it and that they received that letter), and the police, who replied and said that it was illegal and we have to get our money back. But when and how? please dont say that I've lost my 300:((

peter_the_piper

First thing to do is to get onto highways/planning dept of local council to determine if the road is private or public. You will also have to issue a notice before action to landowner as well as clamper so you will need to find this out first.
Please could you start your own thread so yours will not get lost with the others.

quirkes

Last Friday, I was clamped by these people, under very dubious circumstances. Had they not been able to hide behind their mask of being clampers, 4 unidentified men surrounding a woman alone demanding £300 in cash before they would release her would have been seen as muggers and arrested. I am willing to do whatever I can to obtain some sort of justice (a daunting task, judging by this thread). Does anyone know of anybody who has succeeded in action against this company, i.e. got any money back? I would like to join forces with "Sandpaws" in his/her quest, but am not sure how to go about it (I'm new to this thread/post business!). Any advice would be appreciated, thanks.

peter_the_piper

As post 79 above and also post on Pepipoo.com. The more people know of these thugs the better.