Shoal Enforcement PPC

Very_worried_mum

I just needed to reiterate just how thankful I am for all the advice I have received from you all. This situation is very stressful for me. I feel fine one moment and tearful the next. I just want this to be over!! I feel like my life is on hold until it ends.

trisontana

Very_worried_mum wrote: »

Has anyone ever won against Shoal?

The Crown Prosecution Service did over that case police car clamping incident.

bromsgrovebarry

VWM- I am sure that I speak for others on here when I say we will do our utmost to help you out. You are not alone. Be assured that our advice is based on experience rather than supposition. Soon you will be laughing about this business but I appreciate it is very stressful for you now.

Coupon-mad

Very_worried_mum wrote: »

Has anyone ever won against Shoal?

Yes but it would be a win against the Housing Association, as they would be the ones to either refund you or arrange the refund. And if they didn't then they would be the party who would cough up in Court, not Shoal (simply because a clamper has no seizable assets because a works van cannot be seized). Whereas a Housing Association or landlord, or managing agent company have a LOT of seizable assets for a bailiff if they lose a Court case. And they know it!

I know Shoal cases on pepipoo have definitely been refunded before (but not by Shoal) as I recall reading them. I have been a member of pepipoo for years and read/comment on the threads almost every day.

But as an example I found from Googling, here's a reported case from another forum which I do not know personally but have heard of, where a Councillor got involved, realised the implication for the HA and ordered a refund!

http://www.legalbeagles.info/forums/showthread.php?p=175430

Very similar to your case, so worth citing to your HA and/or Councillor? Look how Shoal registered and commented on that forum as well!

Kite2010

Coupon-mad wrote: »

By the way, I do wonder whether Shoal might be Company number 3 mentioned by the DVLA in this FOI request by NevMetson (a poster here):

FOI number 2646

''Company 3 – awarded 20 sanction points and subsequently expelled from the AOS. The points were awarded cumulatively for the non-submission of documentation and a number of breaches of the BPA code of practice following complaints made by motorists.''

Certainly they are no longer in the AOS (approved operator scheme) so cannot get access to registered keepers' details any more. Hence their behaviour right now will favour intimidation and clamping until clamping is banned, since they cannot follow up fake PCNs unless people respond 'helpfully' giving them the driver's details.

I thought the only difference of being in the AOS is that you get an electronic link to the DVLA database instead of having to fill out the paperwork and submit it like everybody else?

Coupon-mad

Kite2010 wrote: »

I thought the only difference of being in the AOS is that you get an electronic link to the DVLA database instead of having to fill out the paperwork and submit it like everybody else?

I think Nev Metson did a FOI request to the DVLA where they confirmed that a company can only get registered keeper's details if they are a member of an ATA. Not just any member of the BPA.

And the only ATA at the moment is the AOS of the BPA.

esmerobbo

Kite2010 wrote: »

I thought the only difference of being in the AOS is that you get an electronic link to the DVLA database instead of having to fill out the paperwork and submit it like everybody else?

C-M is right if the request is for an unpaid parking charge they have to be on the AOS.

Very_worried_mum

Hi All

First of all, thanks so much for "holding my hand" during this time. As you have worked out I am extremely nervous person - I even feel guilty if I accidentally step on a snail in the garden - yes, I am that bad.

I took a few days off just to reset my head and focus on other issues in my life aside from bl**dy Shoal Enforcement as I was started to get tension headaches and losing sleep over this stupidness.

However, today, I was absolutely ecstatic to receive the following email from the BPA (which I promptly forwarded to my HA).

Thank you for your email below which refers to a parking incident which you experienced with Shoal Enforcement. We have given your case the reference Non 00-00 and would ask that you use this on any future correspondence.

I can confirm that Shoal Enforcement is NOT a Member of the Approved Operator Scheme which was developed to bring a degree of regulation to an industry without primary legislation. Therefore it is with regret that we are unable to actively assist you in this matter. If you wish to take it further you are advised to exhaust the operator’s appeal process and if you are not satisfied with the outcome you may wish to pursue the matter through the courts.

While non-Members operate under no legislation as parking on private land is unregulated, there is a clear expectation that our Members operate in a professional manner and those who are responsible for parking enforcement on private land sign up to our Code of Practice. We receive a number of complaints about our Members and all of them are investigated. If following an investigation, a member is found to be in breach of the Code, they would be subject to our Sanctions Scheme. Under this scheme Operators who breach the Code can expect to receive a number of penalty points depending on the severity of the offence. As with driving offences, once an operator’s ‘licence’ has reached twelve points in any given 12-month period, then they are likely to be faced with suspension or expulsion. The Code of practice can be reviewed on our website.

Many thanks for bringing this matter to my attention and may I wish you all the best with your case.

Yours sincerely

AOS Complaints Team

Result!!!!

* does a crazy dance that she hopes no-one can see *

I then promptly went to the DVLA website to look at organisations who fall under the ATA i.e. Approved Trade Associations who can get driver details and the BPA are logged there, but since Shoal Enforcement are not recognised by the BPA that means they cannot access the DVLA database

* another crazy dance ensues*

:D:D:D:D:D:D:D:D:D

I'll keep you all posted on how I get on with this case.

Please feel free to copy and paste that email from BPA if there is anyone else you think could benefit from that information about Shoal Enforcement. The email is of today's date (i.e. 10 January 2012).

Yes, I know it is too early for me to be doing my crazy dance, as the fat lady hasn't sung yet - wish she'd get on with it - c'mon already geez man!

Sirdan

Very_worried_mum wrote: »

Hi All

First of all, thanks so much for "holding my hand" during this time. As you have worked out I am extremely nervous person - I even feel guilty if I accidentally step on a snail in the garden - yes, I am that bad.

I took a few days off just to reset my head and focus on other issues in my life aside from bl**dy Shoal Enforcement as I was started to get tension headaches and losing sleep over this stupidness.

However, today, I was absolutely ecstatic to receive the following email from the BPA (which I promptly forwarded to my HA).

Thank you for your email below which refers to a parking incident which you experienced with Shoal Enforcement. We have given your case the reference Non 00-00 and would ask that you use this on any future correspondence.

I can confirm that Shoal Enforcement is NOT a Member of the Approved Operator Scheme which was developed to bring a degree of regulation to an industry without primary legislation. Therefore it is with regret that we are unable to actively assist you in this matter. If you wish to take it further you are advised to exhaust the operator’s appeal process and if you are not satisfied with the outcome you may wish to pursue the matter through the courts.

While non-Members operate under no legislation as parking on private land is unregulated, there is a clear expectation that our Members operate in a professional manner and those who are responsible for parking enforcement on private land sign up to our Code of Practice. We receive a number of complaints about our Members and all of them are investigated. If following an investigation, a member is found to be in breach of the Code, they would be subject to our Sanctions Scheme. Under this scheme Operators who breach the Code can expect to receive a number of penalty points depending on the severity of the offence. As with driving offences, once an operator’s ‘licence’ has reached twelve points in any given 12-month period, then they are likely to be faced with suspension or expulsion. The Code of practice can be reviewed on our website.

Many thanks for bringing this matter to my attention and may I wish you all the best with your case.

Yours sincerely

AOS Complaints Team

Result!!!!

* does a crazy dance that she hopes no-one can see *

I then promptly went to the DVLA website to look at organisations who fall under the ATA i.e. Approved Trade Associations who can get driver details and the BPA are logged there, but since Shoal Enforcement are not recognised by the BPA that means they cannot access the DVLA database

* another crazy dance ensues*

:D:D:D:D:D:D:D:D:D

I'll keep you all posted on how I get on with this case.

Please feel free to copy and paste that email from BPA if there is anyone else you think could benefit from that information about Shoal Enforcement. The email is of today's date (i.e. 10 January 2012).

Yes, I know it is too early for me to be doing my crazy dance, as the fat lady hasn't sung yet - wish she'd get on with it - c'mon already geez man!

I think there may be some confusion here .

1) ANYONE can request and be given information re a registered keeper from DVLA if they can show reasonable cause.
This includes private parking companies who are not members of the AOS but are members of the BPA.

2) Following on from 1) there is a distinct difference between being a BPA member and being a BPA AOS member. Not all BPA members are in the AOS .

3) AOS members have a direct electronic link to DVLA to access information but non AOS BPA members can still lawfully request information by submitting as written request (as already said ANYONE can do this ).

So in summary just because Shoal are not AOS does not mean they are not BPA and if they are standard "non AOS" BPA members they can still get the info they want.

AlexisV

It is also quite possible to buy details from the DVLA WITHOUT showing reasonable cause ;-)