proserve strikes again

houseallwayswins

few days ago i got a shock in the form of a £300 (£180 if paid early) charge notice from proserve for parking for about 5 mins at the side of the road on an industrial estate for an emergency toilet stop. The road is wide enough for about four lorries so there was no obstruction. If it was a sensible amount i would just pay but £180 is taking the !!!!. It starts off saying i have breached the landowners t and c's. Apparently the £300 constitutes damages suffered by the landowner blah blah.. Then a bit about providing driver details and a threat of county court. I need to know what to do first.
The notice is dated 27 days after the incident and was sent to an address i moved out of during this period. i Have an account for one of the units on the estate so ho the hell can i be trespassing?
Any advice welcome thanks...

Redx

dont seem to be in the BPA or the IPC

a quick forum search found this recent thread about them https://forums.moneysavingexpert.com/discussion/4650197

4consumerrights

No they are not on either

website:
http://www.proserve.co.uk/

They are actually masquerading as debt collectors and have a LAPSED licence:

http://www2.crw.gov.uk/pr/default.aspx

Stroma

I would send complaints to the dvla about these scumbags, they are a parking company who have got your registered keeper details unlawfully! The dvla has stated that a parking company must be in an ATA to get these details, they are not!

Unless someone comes here with a better email address use this foi@dvla.gsi.gov.uk - demand to know why keeper details have been given to these vermin, say that its a breach of dpa to release details to this company as they are not in an aos so have no reasonable cause to gain your details.

I suggest you do a search for proserve on here as they have form for this, and to post on https://www.pepipoo.com with this, some users there have helped others with this company

bod1467

He he ... their About page gives a 404 Not Found error.

@Stroma ... I thought they only had to be in an ATA to be able to get the details electronically. They can still get them manually (more expensively) without being in an ATA?

Half_way

It appears that ( they think) the protection of freedoms act doesn't apply to them as they can tow/remove vehicles.....

http://www.proserve.co.uk/Trespassing_Vehicle_Solutions.php

DISTRESS FOR TRESPASSES TO LAND

Property owners have a remedy of distress to enforce damages where they are victims of trespass to their land, this is a self help procedure which is unreformed in the Tribunals, Courts and Enforcement ACT 2007
A common law remedy for trespass by chattels distress damage feasant.
Our extensive knowledge of this remedy delivers a valuable solution for our clients.
Although the Protection of Freedoms ACT 2012 reports to stop the removal or movement of vehicles, Instruction from a landowner grants us lawful authority to remove and seize chattels (vehicles) from their property which are causing damage or nuisance.
In distress damage fesant all chattels (vehicles) except those in actual use are seizable. Goods may be seized wherever a trespass has occurred, as long as the goods are actually in the process of trespassing and doing damage.
This solution is useful for any landowner who finds obstructively, dangerously parked/abandoned vehicles on their property.
We understand, the issue of safety, security and access is of the utmost importance to our clients, this solution is valuable for. Industrial Estates, Hospitals, Ports, Contract Car Parks, Retail Parks, Housing Estates.
We attend the location via our 24 hour call out service, control the location by barrier if available, contact our recovery partners and remove the chattel (vehicle).

4consumerrights

They are NOT PPC but an UNLICENCED debt collector who needs reporting to the OFT, CSA and Trading Standards.

They describe PCN recovery as thus:

It is of the utmost importance all unpaid Trespass/(PCN) notices are pursued to ensure the matter of enforcement is taken seriously.
Proserve offer a first class, cost-effective Trespass (PCN) recovery solution for private companies and organisations across the UK.
Each solution is tailored to our client’s exact requirements and supported by a reporting structure that provides the information you need to effectively manage your Trespass (PCN) recovery.

http://www.proserve.co.uk/Private_Trespass_PCN_Recovery.php

so do not even mentiond parking charges!

What else was on this OPs paperwork from the letter - did they mention a client?

Stroma

4consumerrights wrote: »

They are NOT PPC but an UNLICENCED debt collector who needs reporting to the OFT, CSA and Trading Standards.

They describe PCN recovery as thus:

http://www.proserve.co.uk/Private_Trespass_PCN_Recovery.php

so do not even mentiond parking charges!

What else was on this OPs paperwork from the letter - did they mention a client?

They are acting as a parking company, look at their page here
http://www.proserve.co.uk/Patrolled_Site_Solution.php

They are acting unlawfully! We have had this discussion many times on mse and pepipoo, this company no matter what it says about them being debt collectors are a parking company!!

Stroma

Half_way wrote: »

It appears that ( they think) the protection of freedoms act doesn't apply to them as they can tow/remove vehicles.....

http://www.proserve.co.uk/Trespassing_Vehicle_Solutions.php

Its complete rubbish of course, no company can give lawful authority, only the police, council and bailiffs with appropriate paperwork can have authority to tow. If this lot think they have this permission, then a call to the police would be in order as they are breaking criminal laws!

nigelbb

bod1467 wrote: »

@Stroma ... I thought they only had to be in an ATA to be able to get the details electronically. They can still get them manually (more expensively) without being in an ATA?

Not so. I already posted this previously in this thread earlier today but bizarrely it disappeared:-

Applying for keeper details manually there are three forms that can be used depending on who is requesting the data:-

Form V888 - request by an individual for information about a vehicle - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/206691/V888.pdf
Form V888/2 - request by a company for information about a vehicle - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/206701/V888x2.pdf
Form V888/3 - Request for information for those who issue a parking charge notice - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/206706/v888x3.pdf

Here is an extract from the explanatory notes on the rear of this last form that must be used by any company issuing parking charges

Type of company
You must tell us what type of company you run, for example, car parking companies, solicitors and so on.
If you are a car parking or wheelclamping company you must be a member of an Accredited Trade Association (ATA) to request information from DVLA either electronically or by post, otherwise we will reject your request for information.

houseallwayswins

thanks for your replies. This morning i called dvla to ask would they have given my details out to a non bpa company and the guy on the phone said no way would they. I then saw on the proserve website that they use dvla so i called them again and was told that they may have if it was in public interest (or something of that nature) and that they would not discuss this on the phone. I can only get details of what proserve presented them with to get my information my snail mail. If they did at all. Is it possible to scan the letter they sent me and post it on here? proserve also sent me 3 lovely black and white photos of my unmarked van.