Defence Systems Ltd Park Watch Gladstones Letter Before Claim

Coupon-mad

I got angry about this industry's scam maybe 12-14 year ago and now I suspect - because I get heard and am a thorn in their sides - the Parking firms have my photo on their dartboards!

Change is coming imminently to the whole private parking industry this year. 

betman

                                                SUCCESS   PCN  CANCELLED  by  Managing Agent 

 

 

 

I have received a reply from Clive Richardson Partner SHW Managing Agent of Antelope Park 

 

Dear xxxxx

Thank you for your email with full explanation of the circumstances relating to this Parking Charge Notice from 2018. 

This is the first time this matter has been raised with SHW as managing agents of the retail park. I have now communicated with ParkWatch who oversee the parking restrictions on Gavan Street (nb: Parking Eye only deal with the ANPR system covering the two customer car parks). I am pleased to let you know that, as a goodwill gesture, the PCN has been cancelled. 

I am advised that you should receive no further correspondence from ParkWatch or their solicitors other than confirming the matter is now closed. 

I trust that is a welcome outcome for you and wish you a good week.

Kind regards 

Clive Richardson​                 

BSc (Hons) AssocRICS 

Partner 

 for and on behalf of Stiles Harold Williams Partnership LLP 

e:            crichardson@shw.co.uk                   |    

                t:             01293 441318        |    

                m:           07740 433883 

 

                                                                ....................................................... 

 

Dear Mr Richardson, 

I would like to sincerely thank you very much indeed for your intervention and goodwill gesture of cancelling the PCN. 

This has restored my faith in Antelope Park and the managing agents. 

Perhaps I might advise a couple of points for you to be aware about of what your customers are finding: 

Jewsons have had so many issues with their customers being preyed upon and receiving PCN's they have had to take action by putting up their own warning signs. This is purely because the Park Watch signs are not doing their job. 

As you can see from the images I sent you no signage is in place and this will catch out a lot of people. Quote recorded on covert recording equipment  from an un-named Jewsons senior employee at Antelope Park " We are always getting problems from Park Watch. The signs are F****** awful and not sufficient it creates such bad will and loses us many customers. We have had to put our own sign up as it is continually happening. Nobody listens they are just after money" 

Again, thank you very much for your kind help. I can confirm that the publicity this was going to receive from BBC TV South, BBC TV Watchdog and The Southern Daily Echo will NOT be actioned and has been cancelled. 

Kind regards,

                                                          ................................................. 

 

I can now reveal that I am a Business Consultant who investigates customer service and I assess companies in the retail, bank and the care home sector. For this I use covert voice and video recording equipment. 

Note of use of covert equipment.   It is generally necessary to consider the purpose of any covert recording to decide its legitimacy. In a number of recent cases the courts have found in favour of permitting covert recordings to be used in evidence. The mere fact that the recording was covert does not make it inadmissible. 

 

This was the winning email 

 

It was hard to find the Landowner details so I wrote to the Managing Agents Partner as follows: 

                 

​Subject: Your help please Mr Richardson Antelope Park Southampton 

Dear Mr Richardson,  

I write to complain very strongly about the actions of Defence Systems who you employ.  

On the 18th May 2018 a driver of a car who I am the registered keeper limped a car onto Gavan Street where it lost engine power and therefore was broken down. The driver went for oil supplies and to call breakdown assistance from The Range and reported being broke down. As there was no other signage nearby, the first signs upon entry stated the area was controlled by Parking Eye.  

 

No signs at entry as you can see

 

 

  

 

This is where the car stopped with no.... no visible waiting signs, it was not parked but immobilised.   Again no signs.       

 

On return the driver managed to start the car after several attempts and somehow managed to exit the retail park before the car gave up completely. A garage confirmed there was a major problem and would not pass its next MOT. Subsequently, the car was sold for parts. 

 

18 days later ( the legal period is 14 ) a parking charge notice was received ( Notice to Keeper ). This was challenged as :  

1. The car was broken down.  

2. No clear signage was visible from the vehicle as you can see from the images. 

3. Park Watch claimed that I did not comply with the signage in the Car park. Driver had observed upon entering Antelope Park the  car park T&C which were clearly visible ( see pic 1 ) . 

 

Also in the car park the driver observed signage that advised and stated PE managed the car park.  

 

But PWatch claim "Parked in a manner whereby the driver became liable for a PCharge at Antelope Park that we are authorised to manage" ( conflicting as PE say they do so who does ). 

 

 PWatch quote "The terms and conditions of parking on this private land are clearly set out on the signage installed within the car park, by parking within this car park the driver is bound to these terms and conditions and liable to pay a charge if they breach these terms and conditions".  

 

To confirm the car was immobilised in Gavan Street. They claim the driver is bound by terms in the car park which had been followed!!   

 

After rejecting my appeal for being broken down which court cases have proven being stopped is not parking, I was harassed continuely . Furthermore, a debt agency claimed to be a solicitor on Headed Gladstones notepaper and when confronted Gladstones were rude and lied claiming this was correct and I should pay. I am sure by research this is illegal to impersonate a solicitor and you would not want to be associated with this at court stage or in the media which I feel others might not be aware of.  

 

Nearly four years later !! I have now been issued with a Letter before Claim with costs £285.00 by Gladstones solicitors. 

 

I will defend this and attend court providing photographic/recorded evidence, but hope Mr Richardson that as I am along with friends who are very good visitors to your retail park spending a lot of money in Lidl, The Range and other units that you might intervene and common sense prevails before you lose custom. 

 

Here is the email I have sent to The Range  who if only had acted as promised this would not have got to where it is now. 

 

 

Dear Mr Simpkin, 

I write to complain very strongly about the actions of Defence Systems who manage your car park.  

On the 18th May 2018 a driver of a car who I am the registered keeper limped a car onto Gavan Street where it lost engine power and therefore was broken down. The driver went for supplies and to call breakdown assistance from your store. The driver reported to the service desk what had happened. The staff were wonderful at the time..or so it was thought. 

On return the driver managed to start the car after several attempts and somehow managed to exit the retail park before the car gave up completely. 

Now some four years later after challenging a Parking Charge Notice No xxxx by Defence Systems to which I had thought common-sense had prevailed, I have received a claim from Gladstones Solicitors threatening court action. As a senior citizen this is causing me much stress and worry. 

I shall be vigorously be defending this both in the courts and the media but now feel very let down by your store who promised at the time they would notify the parking company or the person patrolling the park who took a picture. 

I am now strongly complaining about the store who obviously did nothing. 

I and my friends are very good customers in your store but feel that because of this situation our custom will go elsewhere. 

I don't expect your staff to remember this after four years but I am hoping that as a reputable company you could use your influence to cancel this Parking Notice and restore my faith in your company. 

If you require any further information, please get back to me. 

 

 Mr Richardson, I wish to continue spending money in your units particularly The range where I spent nearly £1000.00 last year, but this leaves a nasty taste to me and I hope you will agree this was not an abuse of parking but that of a driver in a genuine emergency situation requesting help. 

 

Yours faithfully,  

 

                             .........................................................

After the winning reply I then received this reply from The Range

Case Number xxxxx 

Thank you for your ongoing patience whilst we have been dealing with your communication sent to Alex Simpkin our CEO. 

I am pleased to confirm that we have received confirmation, via our Antelope Park Store, that your Parking Charge Notice has been cancelled with Park Watch.  You should have already received independent notification from Park Watch to confirm the same. 

I hope this email finds you well and should you have any questions or require any further assistance please do not hesitate to contact me. 

Kind regards, 

Claire 

Admin and Order Escalations | Head Office Customer Care

betman

Continued:

Well that's it I won. Please feel free to use my posts and move to successful challenges.  

What I learned was If you get a PCN Look at every sign and read the small print. Study for confliction in the wording such as Car Park as the signage is often generic and individual circumstances may differ. Go back investigate, take pictures, take measurements, write to the landowner and retailers. Accept that you will need to burn the midnight oil with research of your own. There is strength in numbers. Sharp eyed readers will note that there is a mobile telephone number for Mr Richardson. My next step would have been to request a meeting or discuss the matter over the phone. Involve the media as if you can make a good angle it is news worthy and Retailers don't like. I know that myself as an ex retail director.

 

To say thank you to this Forum words do not do enough justice. The time and effort ( and boy do I know about that ) is so very much appreciated. Without you guys people would not know where to begin and many would end up paying to this corrupt industry. My fight is not over. I continue my complaint about DRP & Gladstones. 

It goes to prove that if you do your homework and then have the guidance of what to do at each stage you can beat these people. I see today that the law will be changed as with the clampers to protect the public. Its a start but the practice of dishonesty will still be there.

I did not feel alone in my fight and whoever you are and wherever you are. My sincere and grateful BIG THANKS to you ....  Coupon Mad,  Red X,  D_P_Dance , Umkomaas and Keith P. All who advised and commented in my original thread going back to 2018.  Every one of you are my Hero's. You are guardian Angels for the motorist. God Bless you all .

Betman in Southampton February 2022

D_P_Dance

THEY HAVE WASTED YOUR TIME, NOW CONSIDER WASTING THEIRS, READ THIS

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Coupon-mad

betman said:

Continued:

Well that's it I won. Please feel free to use my posts and move to successful challenges.  

What I learned was If you get a PCN Look at every sign and read the small print. Study for confliction in the wording such as Car Park as the signage is often generic and individual circumstances may differ. Go back investigate, take pictures, take measurements, write to the landowner and retailers. Accept that you will need to burn the midnight oil with research of your own. There is strength in numbers. Sharp eyed readers will note that there is a mobile telephone number for Mr Richardson. My next step would have been to request a meeting or discuss the matter over the phone. Involve the media as if you can make a good angle it is news worthy and Retailers don't like. I know that myself as an ex retail director.

 

To say thank you to this Forum words do not do enough justice. The time and effort ( and boy do I know about that ) is so very much appreciated. Without you guys people would not know where to begin and many would end up paying to this corrupt industry. My fight is not over. I continue my complaint about DRP & Gladstones. 

It goes to prove that if you do your homework and then have the guidance of what to do at each stage you can beat these people. I see today that the law will be changed as with the clampers to protect the public. Its a start but the practice of dishonesty will still be there.

I did not feel alone in my fight and whoever you are and wherever you are. My sincere and grateful BIG THANKS to you ....  Coupon Mad,  Red X,  D_P_Dance , Umkomaas and Keith P. All who advised and commented in my original thread going back to 2018.  Every one of you are my Hero's. You are guardian Angels for the motorist. God Bless you all .

Betman in Southampton February 2022 

Brilliant news!  Well done.

Did you see the other brilliant news today?  In your job the new statutory parking Code of Practice will be worth you knowing about for retail car parks.

This is how we (as a forum) fight back:

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

D_Ogsbody

Hi all,

Has anyone tried to reverse-charge the PPC based on the use of photographs on their PCN (invoice)?  There is an argument for the interpretation of the use of photographic images being used directly in association with the business purpose of generating income, that the PPC has assumed the role of a commercial photographer.  If the interpretation is accurate, then the subject of the image being used for business purposes to raise funds can demand that a model license fee be paid by the photographer for the use of the photos of the subject of that photo.  Hence, as registered keeper of a car of which a photograph has been taken and is being utilised directly to generate business income by the PPC, I have insisted that the PPC owes me a model release (license) fee for each photo used.  I have set that release fee at £100 per photo.  

So far, one PPC has stopped contacting me after going in circles since Nov 2019.  Currently Parking Eye are refusing to acknowledge my queries, or provide evidence that their terms include a statement that any "user" waives their rights to  challenge being photographed for private business purposes.  

Just thought I'd throw this out there.  

Umkomaas

Good luck with that one. Keep us informed. I don't know which PPC has stopped contacting (or the reason for doing so, but they do have 6 years to pursue you to court), but I suspect that PE will prove a whole different kettle of fish. 

betman

Here is a reply for reporting Gladstones:

Thank you for your email below.

 

I am an Assessment Investigation Officer in the Investigations & Supervision department and it is my role to assess alleged misconduct, obtain evidence and decide if the matter passes our Assessment Threshold Test (ATT).  https://www.sra.org.uk/sra/decision-making/guidance/investigations-decisions-investigate-concerns/ .

 

The ATT is:

 

1.       Has there been a breach of the SRA's Standards and Regulations?

2.       Is the potential breach or risk sufficiently serious that we would take action?

3.       Is the breach or risk capable of being evidenced to the required standard of proof?

 

A complaint or report will only pass the ATT, and be investigated further, where the answer to all three stages of the test is ‘yes’.  At this stage, I do not have enough information to complete my assessment.

 

My assessment

1. The SRA do not regulate DRP so could not investigate this company.  However, as you say, impersonating a solicitor is a criminal offence so I would like to see copies of correspondence about this;
2. As you are not a client of the firm, they are not obliged to respond to you.  It may be discourteous, but it is not a breach of our rules.  If the firm are not following the civil procedure rules, this needs to be raised with the court in the first instance;
3. In terms of conflict – I believe you are referring to William Hurley, a former Director of the firm and CEO of the International Parking Community.  Mr Hurley no longer works at the firm according to our records.

 

Information I need from you please

1. Copies of correspondence from DRP showing they are impersonating a solicitor;
2. Correspondence from the firm showing their charges added.

 

If you are unable to send PDFs, you can send copy information to:

 

 The Solicitors Regulation Authority Limited

The Cube,

199 Wharfside Street,

Birmingham, B1 1RN

betman

My reply:

Dear

Thank you very much for your reply and taking this seriously.

 I am not the only one who has been deceived by DRP. I can provide from the Money Saving Forum evidence of this underhand practice is occurring all the time to other not so savvy members of the public.

 As an investigator I have the experience and resources to have traced that DRP sent the letter. Gladstones are breaking the law and know this is happening but are quite blatantly prepared to fob you off saying it is them who have sent the letter. A company that can't tell the truth who are corrupt as you have found recently and are bringing the legal profession down into the gutter.

 If you were honest and were Gladstones and having been told that DRP are impersonating you and you know the legal stance, what would a genuine company do? You would get in touch with DRP and put a stop to it, but no the lies and deceit continues. Please, Please take action to protect the public. 

I attach the letter sent from DRP claiming to be Gladstones for evidence.  Did Gladstones willingly supply the stationery?

I also attach the letter from Gladstones showing the increase of charge. Please note that DRP operate on a no win no fee basis so more lies of the calculation which has been brought up in court cases and parliament.

You will note comparing the Two letters that the forged DRP letter on the right has a signature of Gladstones that is impersonation.

You will note the genuine letter on the left does not instruct to pay DRP but gives a Gladstones registered telephone number to call.

I am more than pleased to support you in any way I can including court appearances etc as a witness. 

I would be very grateful if you could keep me informed of the actions you will be taking as I have provided evidence that meets your Three criteria points to take action.

 

Kind regards,

Coupon-mad

 I am not the only one who has been deceived by DRP. I can provide from the Money Saving Forum evidence of this underhand practice is occurring all the time to other not so savvy members of the public.
 As an investigator I have the experience and resources to have traced that DRP sent the letter. Gladstones are breaking the law and know this is happening but are quite blatantly prepared to fob you off saying it is them who have sent the letter. A company that can't tell the truth who are corrupt as you have found recently and are bringing the legal profession down into the gutter.

Interesting one and great fightback stance!