New here! Need advice re A s Securi-T Ltd

[thehotshop]

Hi all, glad to have found this site through great ole google!

We are a company in Sutton Coldfield, who have a shop on a high street with very strict legal parking. On 14th February, one of our drivers in a van of ours went around the back of our property and attempted to park the vehicle on land that displays the do not park here things!

As he went to leave the vehicle he noticed a man taking pictures of the vehicles, our driver asked him "what you doing mate?" to which the man replied, "oh no you cannot park here it is private parking" so our driver moved his van immediately.

yesterday 18th March, we received a letter from A s Securi-T ltd, enclosing a PCN for breaching rules and regulations.
The PCN was not attached to the car.
Now I have read the stickies, and I have even composed the first template letter to the company re contacting the driver. But my question is, my boss is not going to be happy if this company start to makes waves, and I am not sure how to approach this.
Any advice about this company would be appreciated.
Are they a scary company and should I just roll over, or should it be quite easy to tell them to sod off basically!!

[Honest Parking]

AS Securi-T are one of the best in the business. If you dispute the offence, then you should really go through their appeals and adjudication process.

[thehotshop]

HP how do you know them? Have they won lots of cases

[Mossycat]

Honest Parking is a troll (he works for a parking company) and doesn't have a clue about real life

Read the thread he started titled Good Afternoon and you will get a better idea

Then read the thread entitled A S Securi-T lower down.

Mossycat

[pin1onu]

[quote=thehotshop;1432200]quote]
First up ignore Honest Parking. He's a very pro PPCs.

As for AS-T they have a very minor history of litigation but judging from peoples posting seem to be very shy about turning up in court. See this thread here.

You've read the stickies. So you know that their alleged contract has very little validity in law. If you're worried about the boss you could point him at this site and let him have a read.

One thing you say they have sent you a PCN. Have actually used the term Penalty Charge Notice or the word Penalty or Fine. If they have then you have them bang to rights - Penalty Charges are illegal under case law.

Remember this is a civil invoice for an alleged contract breach. Another other defense is that your company does not have to name the driver. Your company are under no legal obligation to provide them with any information. You can always cite data protection as your reason for not providing the information. As the registered keeper cannot be made liable for a civil invoice then they have to be able to identify the driver at the time of the offense.

[thehotshop]

they have used the word PCN but it relates to PARKING CHARGE NOTICE.
It was more the point that new signs have gone up in that place in the last few days, and it now says that you are not allowed to turn around etc.
I am going to send the template letter of to them, as I feel that they are wrong to just ticket for something you cannot read until you are OUT of your vehicle.!!!

[Zamzara]

Originally Posted by Honest Parking

AS Securi-T are one of the best in the business. If you dispute the offence, then you should really go through their appeals and adjudication process.

Subtle.

[Sidewinder]

AS Securi-T appear to be no different from many of the money grabbing PPCs trying to make a fast buck with no real regard for common sense or reason. Appeals and adjudication process? That would presumably be the one where you write and ask whether they would be willing to give up some of their ill-gotten gains and they say "sorry your appeal has been unsuccessful"?

No contract formed - lack of adequate signage and driver moved immediately on being advised of parking control - rejected the terms of remaining on the property. It is the same as taking an item to a till in a shop, learning that it costs more than you thought and then deciding not to buy after all.

[Barnsley Boy]

Can we all just agree to ignore Honest Parking. Anyone who recommends going through a PPC's "appeals" procedure whereby you entrust them with your money in the forlorn hope that you might get it back, is clearly deluded.

thehotshop

Firms like AS Securi-T depend upon an implied contract whereby they allege that a driver, upon seeing signs, reads those signs and, by the act of parking, accepts the terms and conditions thereon.

This is of highly questionable legality with regard to contract parking but is of course completely bananas when applied to moving vehicles.

Consider:

Is the driver turning the vehicle because he's read the signs and agree with them.

or

Is he turning the vehicle because he read the signs and doesn't agree.

or

Is he just turning the vehicle, not having taken any notice of the signs.

You should just ignore, even AS Securi-T would not be mad enough to go to court with this.

[thehotshop]

thank you all for your advice.
I have decided to fire off a very short curt letter stating that our company are the legal owners but they need to take the matter up with the driver.
I did this purely to satisfy my boss that we are dealing with the problem not avoiding it.

thanks again peeps