Say Hello to Simon

[putsynotme]

Re: Say Hello to Simon

Hi everyone,

Sorry for the delay in getting things together. I've now uploaded some pdf documents showing the 'scene of the crime' and the supporting documentation.

The main objections to this clamping are:

There are no warning signs close to where my wife parked.
The warning signs refer to 'this land' without any indication of where the boundary between public and private land lies.
My wife was charged an extra £15 fee when paying the fine/penalty or whatever it is. The warning signs say that a 'payment processing fee may be charged' When paying over the phone this extra charge was not mentioned. My wife only found out that it had been charged when the clamp release man gave her a receipt. The total charge was £215!

Other observations:
The Camborne Close name sign located next to where the car was parked is marked with the Eastleigh Borough Council logo, suggesting that part of the road is on public not private land.
No warning signs were obvious from the position where the car was parked and none were passed on that side of the road during the approach up Bodmin Road. The closest signs were some distance away - too far to be identifiable as warning signs and located behind marked parking bays suggesting that is where the 'regulations' apply. See the panorama picture I have uploaded.

We wish to appeal against this charge as my wife could not be considered as being aware of the 'contract' she is supposed to have entered into with Shoal Enforcements Ltd. CurlyBen tells me members of LegalBeagles.org can help with the best way to go about this. Shoal Enforcement require the appeal to be lodged within 14 days.

Thanks everyone.

>Removed actual PCN due to personal info, Ben<

[Curlyben]

Re: Say Hello to Simon

Cheers Simon.
Nice attachments, extremely useful.

I love the lack of contravention, such a shame.

Ooops my bad.
that would be PUBLIC highway then and not common land.
That's even worse for them then.
Shame

hey I think this barrel needs more fish....

[middenmess]

Re: Say Hello to Simon

WTF is happening in our country where a band of highwaymen can roam the land and extort money from Mr.& Mrs.Joe Public by declaring that if you park here you agree to be robbed by us to the tune of several hundred pounds??

It's about time that this nefarious practice was permanently banned.

[Curlyben]

Re: Say Hello to Simon

Implied Contract, don't you just love it

[putsynotme]

Re: Say Hello to Simon

I believe in Scotland private clamping is deemed extortion and is illegal. Add in free prescriptions, free universities and care homes I think I'm off north of the border.
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Please note the images on Google Earth and street view for Bodmin Road/ Camborne Close are out of date. Most of the existing housing has been replaced with shiny new flats complete with shiny new parking 'regulations'. Progress indeed.

[pompeyfaith]

Re: Say Hello to Simon

putsynotme,

Those docs clearly show the reg number and signature, just to be on the safe side I would edit those out as they are not needed by us

PF

[Curlyben]

Re: Say Hello to Simon

Good pint Pf, I've pulled it for now.

How's this for an opener:

Dear Pond Scum,

CPCN Ref: 300395

I wish to raise a formal complaint concerning the manner the above referenced CPCN was raised and enforced.

The vehicle in question was lawfully parked on the public highway adjacent to the Camborne Close road sign. There were no warning signs in evidence and no further restrictive road markings or bays.


The CPCN has ZERO contraventions marked so exactly what the actual offence is is completely lacking. This fact alone invalidates this notice. Coupled with the fact that I could not possibly be aware of any 'contract' that I supposedly entered into with Shoal Enforcements Ltd, leads me to contend that the over zealous actions of your enforcement personal are tantamount to ILLEGAL interference with a private motor vehicle contrary to the Criminal Attempts Act 1981 and Fraud approaching extortion.

I am frankly shocked that you have operated in this manner, completely breaching your own Code of Conduct and that of your licensing organisation, The Security Industry Authority.

To amicably resolve this matter I require the return of all monies paid to you in the mistaken belief that the CPCN was lawfully issued. The sum of £215 is awaited in full settlement.


I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you FOURTEEN days to reply to me accepting, unconditionally, my request in principle and completely cancelling this unlawful CPNC.


If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated compliance staff.

After that, there will be no further communication from me and I shall issue a claim through the County Courts system at the expiry of the second deadline.

I would appreciate your due diligence in this matter.


Yours faithfully,

Nemesis

[putsynotme]

Re: Say Hello to Simon

Thanks pompeyfaith, good point. I think CurlyBen has deleted the file in question. Attached is an edited version.

[putsynotme]

Re: Say Hello to Simon

Thanks CurlyBen, that looks very promising. I'll make some changes tomorrow and submit for your comments. In the meantime I have to go to bed - early start tomorrow.

[Curlyben]

Re: Say Hello to Simon

My pleasure.
I feel a Crusade coming on over this one..

[middenmess]

Re: Say Hello to Simon

Good pint Pf, I've pulled it for now.

How's this for an opener:

Far to generous time scale in my opinion--''fine'' was levied and paid immediately so 7 days would be more like it.

14 + 14 days is a months interest free loan of your money!!

Do unto others as they have just done to you!

[Curlyben]

Re: Say Hello to Simon

Just thinking CPR and pre-action here.
After all the next step is an N1

[putsynotme]

Re: Say Hello to Simon

I've made some minor changes to the text and will send the letter Shoal Enforcement tomorrow by register post, copy to First Wessex.
------------------------------- merged -------------------------------
Final Text:


xxxxxxxxxxxxxxxxxxx
14 September 2010
Shoal Enforcement
PO Box 350
Waterlooville
Hampshire PO7 9DX

Dear Operations Director,

CPCN Ref: 300395

I wish to raise a formal complaint concerning the manner the above referenced CPCN was raised and enforced.


The vehicle in question was lawfully parked on the public highway adjacent to the Camborne Close road sign. There were no warning signs in the vicinity of this location or on the approaches to it. No restrictive road markings or bays were present.


The CPCN issued has no contraventions marked making it impossible to know exactly what the alleged offence has been. This fact alone invalidates this notice. Coupled with the fact that I could not possibly be aware of any 'contract' that I supposedly entered into with Shoal Enforcements Ltd, leads me to contend that the over-zealous actions of your enforcement personal are tantamount to ILLEGAL interference with a private motor vehicle contrary to the Criminal Attempts Act 1981 and Fraud approaching extortion.


I am frankly shocked that you have operated in this manner, completely breaching your own Code of Conduct and that of your licensing organisation, The Security Industry Authority.


To amicably resolve this matter I require the return of all monies paid to you in the mistaken belief that the CPCN was lawfully issued. The sum of £215 is awaited in full settlement.


I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.


I will give you FOURTEEN days from receipt of this letter (to be sent recorded delivery) to reply to me accepting, unconditionally, my request in principle and completely cancelling this unlawful CPNC.


If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated compliance staff.


After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.


I would appreciate your due diligence in this matter.



Yours faithfully,






Enclosed:
Copy of Shoal Enforcement CPCN and Receipt for £215.
Copy to:
First Wessex
Charlotte Yonge House
Tollgate
Chandlers Ford
Eastleigh
SO53 3YP

[pompeyfaith]

Re: Say Hello to Simon

IMO as much as you want to rip there hair out as this may end up in a court room you have to show to be reasonable and be a few steps higher than them to get the ultimate goal which is the OP money back

On a lighter note shame pompey did not get a few ultimate goals tonight lol

[middenmess]

Re: Say Hello to Simon

Name and address on that letter!!!


Would it be an idea to tell them exactly what your claim will be for?