Fluttering parking ticket

Janetx

Despite submitting a draft order requesting a  strike out.............we have heard nothing from the Court to date.

Redx

They should copy in Robert Jenrick as well , seeing as the Mhclg have tasked the BSI on producing a new CoP for England and Wales due to the Parking bill 2019 by Sir Greg Knight mp

nosferatu1001

Janetx said:

Despite submitting a draft order requesting a  strike out.............we have heard nothing from the Court to date.

Yep, not unexpected. The courts are busy. Also, it is a request, not a right, so they might have read and decided it meirtied a hearing anyway. 

Janetx

This is a copy of the email that I sent to Geriant Davies MP for Swansea 
 Fri, 24 Apr 2020 11:22

To	geraint.davies.mp@parliament.uk,

Dear Geriant Davies,

I would like to draw your attention, to private car parking firms and in particular Excel Parking Ltd and its sister company Vehicle Control Services Ltd both operated by Simon Renshaw-Smith whom makes a whopping  92% of his millions of revenue every year by illegally perusing the general public through the courts.  

Simon Renshaw-Smith and the other private car parking firms are making a mockery of the Government, Judges and the Courts!  

Their illegal practices and Fraudulent Court Claims  amount to nothing more than modern day 'Highway Robbery' and I would like you and the Government to investigate these companies and put a stop to their illegal practices. 

The private parking companies are taking people to court, using a breach of contract, in contract law. However, they have no legal standing in law to do this because they are not the land owner. More often than not they produce an alleged contract, that anyone could have written, which is not a contract with the Landowners at all. 

Some Judges are aware of this and are striking out some cases, for non agreement with the Landowners and/or abuse of process ie attempting to go behind the Bevis case and hike up their charges which are unlawful. 

1. F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed an earlier General Judgment or Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim. Both Orders were identical in striking out each claim without a hearing: (TK 10 and TK11)

1. The Judge ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012. Also cases F2QZ4W28 VCS Ltd (sister company to Excel) Abuse of Process Caernarfon District Judge Jones-Evans. Skipton District Judge Wright 12.02.20 Abuse of Process Excel Parking Ltd ,G0QZ

However, sadly, some Judges are not aware of the intricacies in these cases,  and are actually finding for the private car parking firms, whose made up charges are nothing more than extortion. 

The position for Consumers and the general public is completely and utterly unfair, as to fight this in law, needs legal expertise and because of this, people just normally pay up.   If you don't pay, then they will take you to court where they inflate the so called charge  to anything they like!  Its a racket!

My daughter, whom is disabled under the  Equality Act 2010, has been perused by Excel Parking Ltd for the last year, despite having purchased a valid  parking ticket, to the point of having to defend a claim made by them in the County Court Swansea. 

The stress  that this has caused her is unbelievable and utterly despicable! The following is an extract from her Witness statement for the court which explains what happened. 

Despite knowing my daughters situation and mitigating circumstances, Excel Parking Ltd and Simon Renshaw-Smith have continued with their persecution, even though my daughter had purchased a valid parking ticket for £5.00 for 12 hours parking.  This is a very windy site and this situation  is commonly called a 'Fluttering Ticket' 

Background

1. It was my first day back in work, in my new job, following emergency admittance to Singleton Hospital. I was discharged after two weeks and then I had 3 months sick leave from work recovering. I suffer from severe Ulcerative Colitis which is a chronic lifelong illness and is a disability covered by The Equality Act 2010. (Please see Consultants letter TK1).

1. I also have mild Spina Bifida and Scoliosis (Curvature of the Spine) along with Anaemia Folic Acid deficiency. I suffer from back pain that affects my spine, joints and muscles (musculoskeletal pain).

1. The strong medication that I take for my conditions affects my general well-being and I experience pain in my joints, hands and feet. I also have no immune system as a result of taking strong immunosuppressant medication.

1. The car park is across the road from my office in Langdon Road, on the quay side in SA1 Waterfront, of what used to be the old, Prince of Wales dock, in Swansea. The car park entrance is accessed off a big roundabout from a very busy road. This road is the main thoroughfare of the entire area (please see photo exhibit TK2).

1. At the immediate entrance there are no signs. There is a sign further on into the car park once you have entered on the left (please see exhibit TK3A ). The road is very busy and there is no opportunity to stop before entering the car park and read any the signage as there is none at the main entrance to the car park.

1. Upon investigation with Swansea City Council Planning office, Excel Parking Services Ltd have no planning in place for any signs which are within this car park. Subsequently, making these signs unlawful.

1. There is another sign at the ticket machine which faces the open sea. However, I was ill, and the weather was atrocious. It was raining and the area had a yellow weather warning that day with gusts of gale force winds, up to 61 KPH. This wind speed according to the Beaufort Wind Scale is categorised as an 8 out of 12 and classed as a gale. The car park is completely exposed to the open sea (please see photos TK3B).

1. I purchased a ticket for 12 hours for £5.00 at 08:07am. The ticket is printed out on thin flimsy paper which does not have the benefit of a sticky back to enable attachment to a car window-screen. (Please see TK4)

1. The space that I had parked in was the first in the row at the time that I parked and there was no break from the wind. I placed the ticket on the dashboard and grabbed my belongings from the car, the door slammed shut and had to open the door once again to collect my work pass. The door once again slammed shut. As I was fighting with the wind and collecting my belongings, I suddenly started to experience symptoms of my illness, including terrible painful cramps in my stomach, which meant I urgently needed to find a toilet. As there is not one in the car park, I rushed out of the car park and across the road to the office where I clocked in and went straight to the disabled toilet. I have a record of clocking in work at 8:09am, (please see exhibit TK5 ).

At the time I was also suffering with undiagnosed Anemia causing fatigue, weakness and brain fog.

1. When I returned to my car later, I found a Parking Notice Charge attached to my windscreen. This was securely attached by an extremely sticky, backed plastic bag, which was difficult to remove. I was shocked and puzzled, I couldn't understand this because I had purchased a ticket and I had purchased the ticket for much longer than I needed to park.

1. I looked through the window to see the parking ticket, which was a non-sticking ticket, sitting face up on in the console for my gear stick.

1. I have no idea how it got there? The vehicle may have been moved in the gusts of wind or someone may have bumped into my vehicle. However, it is possible that whoever placed the parking charge notice on my windscreen may have also looked through my window and may have also spotted the ticket sitting by the gear stick.

1. I was so upset by receiving this ticket that I broke down and cried. At the same time whilst still sat in my vehicle in the car park, I tried to appeal to Excel Parking Ltd Services straight away through their portal. Unfortunately, I couldn’t attach the ticket to the email as the file was too large. I have no full copy of the appeal, as the site did not record a copy for me.(see TK6 photo on my window, whilst still in car park)

1. When I returned home, I wrote and explained that I was disabled, that I had been experiencing symptoms of my illness, that I had purchased a ticket and that it had been extremely windy, but the ticket had been displayed in good faith. I advised that I would be grateful if the charge could be removed. I also included pictures of my purchased ticket. I sent this to Excel Parking Services Ltd (please see copy of ticket exhibit TK6).

1. Excel Parking Services acknowledged my appeal in the refusal of appeal letter. This was an opportunity for the claimant Excel Parking Ltd to act reasonably and cancel the charge.

1. Excel Parking Services Ltd advised I could appeal to IPC. Further research showed me that these appeals are rejected. I therefore declined the offer of appealing to what is in fact a “Kangaroo Court”. I awaited a Letter of Claim from Excel Parking Services Ltd.

No contract

1. According to Swansea City Council, Excel Parking Services Ltd have no planning permission whatsoever granted for the parking signs in the car park. This makes the signs unlawful. Excel Parking Services Ltd are not the landowners and therefore, I challenge Excel Parking Services Ltd to prove they have genuine authorisation from the landowner. I thereby put them to strict proof that they have a valid and in date contract with the landowner. Upon investigation with the Land Registry The Landowners are the Welsh Assembly Government!  

1. Private parking companies often rely on the case “Parking Eye vs Beavis”, seemingly without actually understanding many aspects of the case. In that case, it was found that a contract could exist because there was a meaningful “offer” made to the Defendant, that of, a licence allowing free parking for a set period of time and that the Defendant’s agreeing not to overstay this period could constitute a “consideration” in respect of this. The ‘Parking Eye vs Beavis’ judgement is littered with references to the disputed charge being justifiable only in the context of the “contractual licence to park” being given to the Defendant, e.g. “They must regard the risk of having to pay £85 for overstaying as an acceptable price for the convenience of parking there”.

1. There is no such “offer” made by The Claimant Excel Parking Ltd's signage in this case, no “contractual licence”, no “benefit of free parking” and no conceivable way that I could have benefited from this alleged “contract” without breaching its term.

The Landowners oft his particular site in Swansea SA1/14B...... are  the Welsh Assembly Government.  Excel Parking Ltd have no legal right to take the individuals that they prey, on to court.............But no-one seems to realise this.........The Courts, The Government and any relevant bodies..........Please do something and stop this illegal practice.     

 

Please read the document linked below called  Phoney fines and dodgey  signs take driver for a ride regarding parking charges which was written in 2012 by MARTIN CUTTS Additional research by Nev Metson – former detective sergeant i/c Dyfed Powys Police Fraud Department and Economic Crime Unit. Simon Renshaw- Smith and his two companies Excel Parking Ltd and Vehicle Services Control are mentioned in this document the link immediately below. 

file:///C:/Users/admin/Downloads/Excel%20dodgey%20fines%20and%20signs%20written%20by%20ex%20policeman%20dyfed%20powys%20police.pdf

Nothing has changed,  the Fraud is still going on and the Government, Ministers are doing nothing about this. The Landowners are the Welsh Assembly Government!  Are the Welsh Assembly, aware that these fraudulent claims, are being issued against innocent consumers, in what could technically be described as, IN THEIR NAME..... i.e. The Welsh Assembly Government?

Simon Renshaw-Smith and his company, Vehicle Control Services actually took HMRC to court, and following an appeal, does not pay any V.A.T on his recovery of any of these bogus charges/claims. Please see the case/link  below.

VEHICLE CONTROL SERVICES LIMITED Appellant - and – THE COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS Respondents Tribunal: The Hon Mr Justice Arnold and Judge John Walters QC Sitting in public in London on 16 June 2016http://taxandchancery_ut.decisions.tribunals.gov.uk/Documents/decisions/vehicle-control-services-v-hmrc.pdf

What an incentive, to rip people off!

Thank you

I look forward the hearing from you

Yours sincerely 

Umkomaas

Janetx said:

Mon, 11 May 2020 9:42
Geraint Davies Geraint.davies.mp@parliament.uk

Thank you for contacting me. I am writing to inform you that I have written to Minister for Transport on your behalf to raise your concerns. 
 
I will write to you again when I have a reply. In the meantime, if there is anything else I can do for you, please do not hesitate to contact me.

Regards,
Geraint Davies MP
Member of Parliament for Swansea West

Fairly standard fob-off line. I doubt he even got to the end of your very lengthy (2,000+ words) complaint. Anyway, he's kicked the can down the road, now outside the Minister for Transport, which is not the most appropriate Department, so the can might get kicked further down the road to the MHCLG (more appropriate) - but whether you'll get any satisfactory answer any time soon is debatable!

if you think the land is owned by the Welsh Government, why not raise a Freedom of Information Request to see what due diligence they exercised in contracting with Excel, and get them to release a copy of the contract they exchanged. Read the latter posts of this thread for more information:

https://forums.moneysavingexpert.com/discussion/comment/77121393#Comment_77121393

Issue your FOI via the following website:

https://www.whatdotheyknow.com/

beamerguy

Let's see if Geriant Davies is actually worth his salary and a future vote ???

Janetx

I have recieved this letter from the courts, they obviously didn't take any notice of the email I sent with the Draft Order advising that it would be best if there was a face to face hearing.
At this point am I able to request a delay?
I am a key worker and this date is not really appropriate due to workload. 
Thanks 

Snakes_Belly

I think that I would be inclined to go for a video link and get it over with especially after reading Nednat's case.  

D_P_Dance

I would do my upmost to get a face to face hearing, horses for courses I suppose.

nosferatu1001

It tells you you can request
- paper
- remote
or just say no to both, and it will be adjourned for 28 days. 
Not sure why this is a query - the order tells yo uwhat to do if you want a face to face hearing.