The old story of GBP & Roxburghe

jobabtwitch

Parking Charge Notice issued on cinema car park, (free car park I might add), because I'd parked in a disabled bay without displaying a badge. It was just 4 minutes before my carer returned to put the badge on display as I had to be assisted in to the cinema. The parasite must have seen us parking up and me being assisted into the cinema before he pounced with a ticket. Then I received the usual Parking Charge Notice to the registered keeper some 125 days thereafter, followed by a letter from Roxburghe UK Ltd 31 days later, and now today, 11 days after the Roxburghe letter, I have had the dubious pleasure of receiving a letter from GPB Solicitors informing that if I don't pay up they "may" institute legal proceedings against me and that on top of the £150 charge I will have to pay a further £207.25 in costs. (I have not received any "Letter before Action". Is it a coincidence that Roxburghe and GPB Solicitors have the same address? (Call me cynical but somehow I think not). Do I continue to ignore any further correspondence from either GPB or Roxburghe and if they do issue a claim I believe I have "the law on my side". if you know any different please let me know.

Umkomaas

jobabtwitch wrote: »

Parking Charge Notice issued on cinema car park, (free car park I might add), because I'd parked in a disabled bay without displaying a badge. It was just 4 minutes before my carer returned to put the badge on display as I had to be assisted in to the cinema. The parasite must have seen us parking up and me being assisted into the cinema before he pounced with a ticket. Then I received the usual Parking Charge Notice to the registered keeper some 125 days thereafter, followed by a letter from Roxburghe UK Ltd 31 days later, and now today, 11 days after the Roxburghe letter, I have had the dubious pleasure of receiving a letter from GPB Solicitors informing that if I don't pay up they "may" institute legal proceedings against me and that on top of the £150 charge I will have to pay a further £207.25 in costs. (I have not received any "Letter before Action". Is it a coincidence that Roxburghe and GPB Solicitors have the same address? (Call me cynical but somehow I think not). Do I continue to ignore any further correspondence from either GPB or Roxburghe and if they do issue a claim I believe I have "the law on my side". if you know any different please let me know.

Could you confirm who the Parking Company is please?

jobabtwitch

The Parking Company is CMS Umkomaas.

Umkomaas

I'm not sure what's happening with the Roxburghe/GPB axis. They seem to be chasing up a number of PCNs that were issued long after their deadline date for pursuit of the Registered Keeper, so they have absolutely no basis to attempt to recover from the RK - the Protection of Freedoms Act 2012 (the LAW) clearly stipulates the number of days they have to do this (56 days for a windscreen ticket).

As they are pursuing you as the RK you are 'protected' by PoFA, but not if you admit to being the driver, so you must not, under any circumstances say who was or was not the driver, you are not obliged to do so.

What to do now?

You have to send a very strong complaint to the BPA and the DVLA about the harassment you are being subjected to despite Rox/GPB having no cause to do so.

The fact that you are a disabled person adds significantly to this as you are covered by the Equality Act 2010. Coupon-mad is the forum expert on the EA and I'm sure will be along some time today/this evening with some very helpful advice, so delay emailing the above until c-m has a chance to read your thread.

However, you need to be aware that GPB have started sending out court claims via the central distribution centre at Northampton. You must NOT ignore these. Get back to us if such papers arrive and we'll advise further.

But you might as well prepare yourself for any Letter Before County Court Claim which GPB are required to send out prior to court papers and zzzLazyDaisy (a retired solicitor and highly respected contributor on the forum) has written detailed advice on what to do if a LBCCC drops through your letterbox. Here is the advice:

http://forums.moneysavingexpert.com/showpost.php?p=62445019&postcount=1

Email addresses of those to complain to are:

Steve.C@britishparking.co.uk and
elizabeth.symonds@dvla.gsi.gov.uk

HTH

jobabtwitch

Thank you Umkomaas, I appreciate your comments and I will wait to hear from coupon-mad before doing anything further.

Coupon-mad

Send an immediate, strong complaint letter to the CEO of the Cinema chain (Google them to find him/her, or ring the Cinema and speak to the Manager and he doesn't sort it out there and then, ask him for the CEO's contact details!).

Also include the managing agents of the leisure park if it's not just the cinema onsite, or if the Cinema Manager tells you that the Retail Park took on CMS rather than them.

Do not respond to this standard GPB letter but do be proactive with your complaints and include CMS themselves (NOT GPB who are in fact just Roxburgh) in the complaint too.

Should be written like this I reckon. This version below is for the cinema or retail park. Just send a copy of it to the PPC saying 'You need to read the attached complaint sent to your clients. I require you to cancel the ticket and stop harassing me with debt collectors or I will sue you for disability discrimination':




Dear Sir/Madam,
OFFICIAL COMPLAINT: BREACH OF EQUALITY ACT 2010 INVOLVING DISABILITY DISCRIMINATION & HARASSMENT BY CMS PARKING
I am forced to make an official complaint to you because the actions of your agent are unlawful in terms of disability discrimination against myself. You are jointly and severally liable for those actions as CMS are your agents in the car park at xxxxx xxxxxxxx.

The retail park management, the cinema and the private parking company are service-providers who have a legal duty to adhere to the 'Equality Act Code of Practice on Services, Public Functions and Associations' which became law on 6th April 2011. This statutory guidance is available as a link on the Equality & Human Rights Commission website. CMS (and therefore the firm they have contracted with, under the laws of agency) are in breach so I would suggest you should take urgent steps to address this matter. Failure to do so will result in me making an official complaint to the Equality & Human Rights Commission and may lead to court action against yourselves.

The situation is that my car was ticketed for parking in a disabled bay without displaying a badge. It was just 3 or 4 minutes before my carer returned to put the badge on display because firstly, I had to be assisted in to the cinema. The operative for CMS must have seen us parking up and me being assisted into the cinema before he pounced with a ticket before my carer returned almost immediately, having escorted me in.

This treatment is illegal under the Equality Act 2010 and constitutes disability discrimination. I require the ticket to be cancelled immediately and wish to hear what steps you will take to ensure no other disabled people are treated this way in future just for being helped inside.

I was a customer at the cinema and am entitled to be helped inside by my carer of course - and in fact on private land the Blue Badge scheme does not even apply! However, in good faith, my carer does always display my badge anyway within minutes, once I am inside the premises we are visiting. I have never been treated this way before and then harassed by letters from debt collectors and solicitors (copies attached so you can see the intimidatory tactics used by CMS, also a copy of my Blue Badge).

In addition, the first letter in the post to the registered keeper arrived a full 125 days after the event, which I have discovered is a specific breach of the BPA Code of Practice by your agents. So I have reported them to the BPA and the DVLA over that breach. Again, as they are your agents I would remind you that you are liable for their actions at all times, just as you are for any employee or contractor.

I am very upset about this entire episode and my family and friends are all horrified that a local leisure cinema park can allow such a notorious ex-clamper firm to harass disabled customers in search of profit.

I think I deserve an apology at the very least, and I would sincerely hope that you will treat this matter with the utmost importance. Clearly I have better things to do with my time than research equality law, but it has proved necessary to put a stop this harassment once and for all. You should be aware that, if this is pursued further I will seriously consider a small claim against all parties for damages for distress and disability discrimination, supported by the Equality Act 2010.

yours,


your name



(make sure the letter names the car park and also the ticket reference, and attach copies of your Blue Badge and the worst harassing letters so the cinema can see the level of harassment).




And also send the complaint emails to the BPA and the DVLA (email links already given by Umkomaas) at the same time, this time focussing on the 125 days it took them to send the NTK.

Umkomaas

Wow C-m. I remain in constant awe of your ability to knock out these rapier letters so easily and so quickly.

Posters don't know how lucky they are to have you on their side.

:T :T :T

jobabtwitch

What an amazing forum and what amazing people!

Coupon-mad, I really am very appreciative of your help and guidance and thank both you and Umkomaas for spending your time in responding to my plea for help.

I will update as and when anything happens.

I am now off to do my research and write my letters :T

Stroma

Make sure you complain to the dvla and bpa on this, as mentioned these are the addresses for you to do that

Email addresses of those to complain to are:

[EMAIL="Steve.C@britishparking.co.uk"]Steve.C@britishparking.co.uk[/EMAIL] and
[EMAIL="elizabeth.symonds@dvla.gsi.gov.uk"]elizabeth.symonds@dvla.gsi.gov.uk[/EMAIL]

Scouse_Magic

There is no point writing to the BPA as Roxburghe (Gary Osner) are on their board, so it's a bit like peeing in the wind....Also the DVLA will state that the PPC had cause to access RK details.

The truth of the matter is Roxburghe are on their last legs with their Consumer Credit licence refused to renew by the OFT.

The OP is right to smell a rat.....Roxburghe used to state that Graham White Solicitors (Michael Sobell aged 76,) were their in house Solicitors and fired thousands of the same letters that they send out today.(although it was just a desk - sobell was never there.)

Indeed I believe mine is the only reported court case (2013,) where sobell actually turned up & failed miserably.......

So what happens Next ? The client, who knew nothing about any court case, Summons Steve Dargonne to explain what the hell was going on..

Just about the time the OFT Published the "Refused to Renew" status, old sobell suddenly went awol, and as if by magic, a deal was struck, and GPB who have their HQ in Stratford upon avon, pop up as also being registered at Roxburghes address where Sobell is Still Registered.....

If you look at a GPB letter with Roxburghes address it says (Not open to the Public ) pmsl

Stroma

There is every reason to complain to the bpa and dvla, not to do so is the same as not complaining to the retailers or service providers, if apathy is the norm then nothing can change! Also as it only takes 5-10 mins to write an email and send it on there is no reason not to.