Parking on Private Land - Trespass Notice

give_them_FA

I believe this concerned a truck. Most trucks have the name of the owner on them. Easy.

Dublindel

How can they give out tickets and follow them up? They are not members of the B PA or the SIA and not even the CSA. Sounds like a Trading Standards and OFT should be involved.

Coupon-mad

Dublindel wrote: »

How can they give out tickets and follow them up? They are not members of the B PA or the SIA and not even the CSA. Sounds like a Trading Standards and OFT should be involved.

A parking company 'cannot' get keeper's details unless they are in the AOS scheme run by the BPA, according to a DVLA email reply to a member here.

Other 'interested parties which have reasonable cause' can apply for the data in paper format - but that's other than parking companies. Maybe this firm pass themselves off as in the security/bailiff enforcement business, or something, and apply manually. Norty as that's clearly not the right description for any firm which collects car numbers like this - they are all 'private parking companies' in this sort of instance.

But it is certainly worth a complaint to the DVLA because clearly this firm are operating at these sites as a parking company (although they haven't a clue about the difference between a fake PCN an bailiff operations).

give_them_FA

Dublindel wrote: »

How can they give out tickets and follow them up? They are not members of the B PA or the SIA and not even the CSA. Sounds like a Trading Standards and OFT should be involved.

You don't have to be a member of anything to be a cowboy parking company. All you need is something that looks like permission from the landowner. You have mistaken the BPA for a proper regulatory body- they are nothing of the sort.

As I said above, if you prey on commercial vehicles you will not need to use DVLA as the owner details are plastered all over them.

LincolnshireYokel

PROSERVE ENFORCEMENT SOLUTIONS LIMITED

Companies House status: Active

Registered Address

UNIT 1 CLAYDON BUSINESS PARK,
GREAT BLAKENHAM
IPSWICH
IP6 0NL

Activities

This company has not yet filed a description of their activities.




Directors and Secretaries

Current Directors

Mr Stephen John Duff
Mrs Karen Dawn Duff


Stephen Duff has 1 company director or secretary appointments.
Short name - Stephen Duff
Director ID : 916907184
Month/Year of Birth: 03/1965

Karen Duff has 1 company director or secretary appointments.
Short name - Karen Duff
Director ID : 916907185
Month/Year of Birth: 12/1972

Mr Duff is a well known cowboy clamper in the Ipswich area

http://www.eadt.co.uk/news/clampers_blasted_for_underhand_tactics_1_198467

trisontana

Duff by name and duff by nature.

esmerobbo

Dublindel wrote: »

Looked on BPA and SIA websites and found no trace of Proserve. So the question is, how are they acquiring drivers details? No BPA logo on website either. Is this criminal and reportable or what!

They could request the details from DVLA because a vehicle is "Trespassing" the BPA AOS only applies to the issuing of parking charges.

Or they could be doing as Coupon says applying illegally as bailiffs/enforcement officers.

Regarding the SIA registration that will be individuals not the company. You have front line (clampers/immobilisers) and back office registrations. Its the person who is licensed not the company.

Toby224

andydakin wrote: »

Thanks all. I'll add it to my 3" thick file full of CP Plus/Parking Eye notices.

Andy, if I was you I would pay this, that is if you need to visit this location again, I had the same problem at Felixstowe 6 months ago, we recieved 3 notices, 2 from Proserve and one from a company, who manage the estate. We Ignored all the Notices, I sent a vehicle onto the estate and the security stopped the driver from entering, he was refused access until we paid the amount they wanted they also stated that all our company vehicles had been banned from entering the estate. We contacted our solicitor they advised us the owners had authority to stop anybody entering the estate as it was private. The letter from the managing agents warned us until the matter was settled they would ban our company vehicles from the estate, and they would issue a claim at the County Court, we did not pay and they issued proceedings, Proserve lodged the claim with the authority of landowners, acting as their agent. To avoid unnecessary costs we decided to pay the amount. Our solicitor advised us that because we had given implied consent to the charge and as we has disobeyed the warning signs we were on a very sticky wicket, let me know if you find a way out of it

bazster

Interesting contradiction in Toby's account. He implies that his company's vehicles have business on the estate (otherwise, why would he care if his vehicles have been banned from it?). So, if his vehicles have business on the estate, they can't have been trespassing in the first place, can they?

And anyway, how can you give implied consent to a charge for trespass? I mean, just what the hell is a charge for trespass? How can you consent to something that has no legal meaning whatsoever?

If anything the situation re trespass is even clearer than with a contract to park. At least with a contract they could argue the toss about whether it's a parking fee or damages they are attempting to extort, but not for trespass. "The charge for trespassing on this land is £100". Huh? It's utter nonsense!

As for Duff/Proserve actually issuing proceedings for damages, they appear to be so thick that I'd be amazed if they could find their own backsides with both hands, let alone find their way into a courtroom.

trisontana

There is a thread about this same location over on CAG:-

http://www.consumeractiongroup.co.uk/forum/showthread.php?352045-Parking-on-Private-Land-Trespass-Notice(3-Viewing)-nbsp

Once again somebody has registered especially to contribute to that topic, and they keep bringing up stupid and meaningless points of law about trespass. I wonder if there is a connection between these two posters?