Devere Parking Services Fine

scootaym

Thanks a lot - great help.

Here's links to photos of the driveway and signage.

s128.photobucket.com/user/scootaym/media/Mobile%20Uploads/image_zps07297d39.jpg.html

s128.photobucket.com/user/scootaym/media/Mobile%20Uploads/image_zps3c5e9758.jpg.html

Please let me know if I have done the broken links wrong.

4consumerrights

Links are fine but - can't read all the small print on the sign - a close up for the bottom required please.

It looks like it is for breach of the terms and conditions - so the basis for not a genuine pre-estimate of loss.

Also do you know who engaged them? - It is possibly a self ticketer on a backhander.

You also need to complain that no POPLA code was included in their rejection letter and make a complaint regarding this to the BPA and DVLA - addresses in newbie sitcky - this is a direct breach of their code of practice.

scootaym

I rang the property agents, Foxes and Sons, and they are aware and do have an association with Devere.

I have attached two links below, one is for the Devere sign small print, should be readable now and the other is a copy of their reply to both of my appeals - both letters are the same.

i128.photobucket.com/albums/p185/scootaym/Mobile%20Uploads/EA75240D-5A61-4394-87A5-83BDBAD288BF_zps6oiuua5n.jpg

i128.photobucket.com/albums/p185/scootaym/Mobile%20Uploads/EA75240D-5A61-4394-87A5-83BDBAD288BF_zpsmsvutngw.jpg

kirkbyinfurnesslad_2

i love the way they say "we may offer you a popla code" and "we have informed the bpa of this matter before responding"

Personally i would write a "normal appeal" and state that if they reject this appeal to send you a popla code as per the BPA code of practice.

4CR if you click on the magnifying glass thing you can the signage

"if you breach the terms and conditions you will have entered in to a contract to pay £100"

4consumerrights

4CR if you click on the magnifying glass thing you can the signage

"if you breach the terms and conditions you will have entered in to a contract to pay £100"

I read that part - was trying to decipher the smaller grey wording underneath, which I still even by magnifying cannot read!

What did you say in your appeal? -

IMO - I would reply saying: (one for each car)

Dear Devere,

The registered keeper appealed this parking charge on xxxxxx and as per your code of practice, you are obliged to offer a POPLA code.

Your signage and rejection letter contradict each other as a "breach of terms and conditions" implies that liquidated and ascertained damages are sought which must represent a genuine pre-estimate of loss incurred. I dispute that this amount reflects a loss to either yourselves or the landowner and as a resident have a legal right to park.

Your assertion that this is a contractual charge is disputed on the basis that this is disproportionate and an unlawful penalty and that no VAT is incurred for a contractual arrangement of this nature, nor can a person enter a contract and be bound for a forbidden term .As Devere have no proprietary interest in this property, it is clearly a revenue raising scheme. I would remind you that the OFT states that a parking charge is not recoverable simply because it states it is a parking charge and cannot be claimed to recover a loss where no loss exists.

I should also like to remind you that in the code of practice, it states that operators should make it clear as to on what basis parking charges relate to - whether for trespass, breach of contract or on a contractual nature. The wording on your signage states breach of contract.

As you are clearly in breach of your code of practice by failing to supply a POPLA code, formal complaints are being made to both the BPA and DVLA regarding this matter. I would remind you that it is part of your KADOE contract with the DVLA that you adhere to the Code of Practice.

I would therefore suggest that you cancel these charges to save any further embarassment in this matter or supply a POPLA code by return.

(add/remind about counterclaiming for costs - as appropriate)

Yours faithfully

EHBA

As 4consumerrights says but be sure to get a certificate of posting.


Keep a record of postage costs and your time.


Could the OP confirm if the rejection letters were signed by anyone or did they carry a reference likely to be someone's initials ? Any mention of Steven Williams, the invisible man ?


The rejection letter is an exercise in obfuscation and mumbo jumbo.

scootaym

Hi EHBA,


There is no indication of any initials and certainly no signature on the rejection letter. Just a Devere Parkining Services stamp at the bottom of the page.

kirkbyinfurnesslad_2

Let us know when they write back!

EHBA

scootaym wrote: »

Hi EHBA,


There is no indication of any initials and certainly no signature on the rejection letter. Just a Devere Parkining Services stamp at the bottom of the page.

Quite apart from trying to relieve the OP of £100 for parking outside his own garage, it's strange world when a company with a mail drop address location, a non-local phone number, a registered office at an accommodation address and a website http://www.devereparkingservices.co.uk that hasn't been available for months can respond to appeals and not give a name or any sort of indication as to who may have written it.


It's almost as if we've wound the clock back to before the time Devere became a Ltd Co and a member of the BPA,


My reason for asking the question was this. Is there any legal requirement for a ltd company to supply a name on correspondence of this nature ie where it has obviously been written by someone and is not a computer generated standard letter ?


Is a company stamp sufficient to convey the authority of the limited company when the letter was almost certainly not written by the sole company director ?


With no name on the appeal letters, perhaps Devere's busy 'manager' Steven Williams has disappeared into the aether. Not a hard thing to do when you didn't exist in the first place.

scootaym

Hi All,


I have now received the following letter (link below) which is claiming to take me and my girlfriend to court should we not reply by the 24th March. Beginning to consider just paying this up, or trying to just pay the initial reduced fee of £60 on each fine.


Any advice? Am I going to be taken to court?!


i128.photobucket.com/albums/p185/scootaym/image_zpsf1b03e61.jpeg