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Stephen Duff shenanigans at Proserve

Stroma
Stroma Posts: 7,971 Forumite
Uniform Washer
edited 13 September 2014 at 12:04AM in Parking tickets, fines & parking
Yet again we see this company revealed as possibly breaking the law, again! This is the company who charges upwards of £300 for anyone daring to stop for a few minutes or even seconds. This company is not in any ATA so legally cannot get RK details as a parking company.

And despite them openly showing they are parking company, the dvla releases RK data to them!
http://www.proserve.co.uk/Self_Service_Ticketing.php

Here is the latest blog by prankster
http://parking-prankster.blogspot.co.uk/2014/09/has-stephen-duff-of-proserve-broken-law.html
When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:

Comments

  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    The contract between "Proserve" (whatever that might be) and Ransome's is up on a thread on PPP:

    http://forums.pepipoo.com/index.php?showtopic=93289&view=findpost&p=1001473

    It appears to be exactly that: a contract between "Proserve" and Ransome's. The name Duff appears nowhere. And since there is no such legal entity as "Proserve", it would appear that there is no contract.
    Je suis Charlie.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Ah I never looked into whether Proserve exists as a legal identity, so it seems even the contract doesn't actually hold any water, this whole situation stinks to high heaven, and the ones ultimately responsible are the dvla by allowing this debacle to continue, they know damn well they shouldn't be selling RK details to someone acting as a ppc but not in an ATA
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Stroma wrote: »
    ...This company is not in any ATA so legally cannot get RK details as a parking company...
    When they apply for RK details, they do so on the basis of trespass. You don't have to be in an ATA for that, anyone with 'reasonable cause' can apply to the DVLA on the paper form and pay £2.50 to get the keeper details.


    However, in Proserve's case, it gets murky, because some of their signage and paperwork states 'contract or trespass' so they are mixing their metaphors and have been suspended from access on at least three occasions by the DVLA.


    Also, if they get the keeper details on the basis of trespass, they cannot use any of the provisions of POFA 2012. So they can only go after the driver in the case of private cars, but most of their tickets are issued to commercial vehicles (at £300 a pop), and they pursue the firm on the basis that the driver was their employee, and therefore they are responsible for his actions.


    But it looks like Mr Duff, by name and nature, has royally screwed everything up, and the landowners who contracted with him may be regretting they ever got involved with such a chancer.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Yes but as they are acting as a parking company they must be in an ATA, and its their actual use of this data that has got them suspended from access I believe, they tell the DVLA they want it for one thing, but use it for something else.

    And the shocking part of it is that they were suspended 3 times, which means they are back getting details even now, how that after being suspended that many times and still are allowed to access the RK database is beyond me.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    So are you saying that a RK should ask the DVLA on what basis Proserve were given their details and then if it was trespass, use that evidence in court or POPLA if they claim "contract"?

    Just seeking absolutely clear advice.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    They can't use popla as they are not in the bpa, or the ipc for that matter.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Stroma wrote: »
    They can't use popla as they are not in the bpa, or the ipc for that matter.

    OK - strike POPLA. But the main question??
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Guys_Dad wrote: »
    So are you saying that a RK should ask the DVLA on what basis Proserve were given their details and then if it was trespass, use that evidence in court or POPLA if they claim "contract"?

    Just seeking absolutely clear advice.
    The fact that DVLA gave out RK details when they shouldn't have done, may not cut much ice in a court hearing.


    A Judge would most likely say "Well, we're all here now, so did you park the car or didn't you, Mr Defendant?"

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    bargepole wrote: »
    The fact that DVLA gave out RK details when they shouldn't have done, may not cut much ice in a court hearing.


    A Judge would most likely say "Well, we're all here now, so did you park the car or didn't you, Mr Defendant?"

    I understand. But if they applied on the basis of trespass, ten is te motorist able to insist that their case is based on that rather than contract?
This discussion has been closed.
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