UK PArking Enforcement Agency (Parkforce)

[PhantomReclaimer]

Mrs Phantom got a ticket in a private car park near Leeds the other day for some spurious alleged infringment of the parking rules. These muppets expect £60 off her, increasng to zillions if she doesn't pay by next week, or something.

Anyway, I phoned the muppets and asked what legislation permitted them to issue this ticket. "Oh, it's because we have the permission of the site owner, Sir". "Really", says I. "So, the charge is issued by way of a penalty for breach of contract?". "Yes, that's right" came the reply. Next, upon telling her that a penalty charge for a breach of contract is unlawful and therefore unenforcable, came the response I've heard so many times with my dealings with the banks. "Oh that dosen't apply to us, Sir".

More fun coming my way I think.

P.

[POCA]

Sweet. I must have missed the bit where the judges exempted parking contractors.

[tamadus]

Originally Posted by PhantomReclaimer

Mrs Phantom got a ticket in a private car park near Leeds the other day for some spurious alleged infringment of the parking rules. These muppets expect £60 off her, increasng to zillions if she doesn't pay by next week, or something.

Anyway, I phoned the muppets and asked what legislation permitted them to issue this ticket. "Oh, it's because we have the permission of the site owner, Sir". "Really", says I. "So, the charge is issued by way of a penalty for breach of contract?". "Yes, that's right" came the reply. Next, upon telling her that a penalty charge for a breach of contract is unlawful and therefore unenforcable, came the response I've heard so many times with my dealings with the banks. "Oh that dosen't apply to us, Sir".

More fun coming my way I think.

P.

LMAO methinks picking on Mrs Phantom was a serious error on their behalf

[PhantomReclaimer]

Well, some letters just about finished to go to, Parkforce - telling them what I think of their unlawful charge; DVLA - saying that I don't consider releasing information to enable someone to pursue an unlawful charge to be reasonable; Trading Standards in Leeds - telling them what I think of these sharks.

P.

[Parkforce]

Wilsea Services Ltd T/a The UK Parking Enforcement Agency.

The Parkforce system has been operating in the UK for 5 years now.

Parkforce offer a service to private land owners to deter and eradicate unwanted cars parking on their land by way of issuing parking charge tickets.

When the company was formed, we worked closely with North Yorkshire Trading Standards and The North Yorkshire Police and developed with them a code of conduct thus ensuring ethical business practices.

The Directors of the company now sit on a “special interest group” board at The British Parking Association and are currently working with them to establish a national, government recognized code of conduct.

The company now services over 800 uk car parks including Universities, Hospitals, Councils etc and are pioneers with regards to cleaning up the parking management industry so only reputable companies can operate within it.

With regards to the enforcement of issued parking charges, if the company was unable to enforce it simply would not still be in business.

Should you wish to query the validity of the company or any of the above comments, please feel free to contact the British Parking Association http://www.britishparking.co.uk/ . Our registration number is 30215, or North Yorkshire Trading Standards based in Northallerton. Mrs Jan Gillet was the trading standards officer we worked closely with.

Should you have any further questions, please feel free to contact me on johns@parkforce.com

[PhantomReclaimer]

Originally Posted by Parkforce

Wilsea Services Ltd T/a The UK Parking Enforcement Agency.

The Parkforce system has been operating in the UK for 5 years now.

Parkforce offer a service to private land owners to deter and eradicate unwanted cars parking on their land by way of issuing parking charge tickets.

When the company was formed, we worked closely with North Yorkshire Trading Standards and The North Yorkshire Police and developed with them a code of conduct thus ensuring ethical business practices.

The Directors of the company now sit on a “special interest group” board at The British Parking Association and are currently working with them to establish a national, government recognized code of conduct.

The company now services over 800 uk car parks including Universities, Hospitals, Councils etc and are pioneers with regards to cleaning up the parking management industry so only reputable companies can operate within it.

With regards to the enforcement of issued parking charges, if the company was unable to enforce it simply would not still be in business.

Should you wish to query the validity of the company or any of the above comments, please feel free to contact the British Parking Association http://www.britishparking.co.uk/ . Our registration number is 30215, or North Yorkshire Trading Standards based in Northallerton. Mrs Jan Gillet was the trading standards officer we worked closely with.

Should you have any further questions, please feel free to contact me on johns@parkforce.com

Wow, a response from an actual company - better show than the banks, I must admit.

You said; "With regards to the enforcement of issued parking charges, if the company was unable to enforce it simply would not still be in business."

On that I beg to differ. Just because you are collecting it dosen't make it enforcable. We all know that the vast majority of people who recieve an official looking ticket on their windscreen will simply pay it in the belief that it is lawfully demanded money.

I rang up your offices to ask what legislation allowed you to make the charge and was informed that the car park in question was a private one and that the charge was levied for a breach of contract. If this is the case then it's clearly a penalty charge (it even says it is on the ticket) and is therefore unenforcable at law.

May I ask how many of your tickets have been challenged as unlawful penalties in the Courts? Also, how many tickets have you pursued in the Courts for payment?

I will make a prediction now that the ticket issued to my other half will never be the subject of recovery proceedings at Court because you know you cannot win. You may get a debt recovery company to try and intimidate it out of her but, ultimately, it will never see the inside of a Court.


P.

[demon_x_slash]

Aren't people like 'Parkforce' (pah) meant to ask permission of the mods before they can join? I'd consider them posting on here to be similar to a bailiff or a bank manager posting...

[demon_x_slash]

From the website(!):

Q. How can you legally issue parking charge tickets?
A. Our system is based on contract law. By the motorist entering the land and seeing the contractual warning signs displaying the terms and conditions for parking, they enter into a contract regarding the parking regulations. Should they choose to ignore the terms and conditions of parking, they are breaking the contract. This is enforceable in the civil courts.
Q. Do I need a license from the SIA (Security Industry Authority) to operate this system?
A. No. As the Parkforce system does not involve the immobilisation of a motor vehicle, a license is not required.
Refunds.
Q. I am not happy with the service. How do I obtain a refund?
A. Refunds are at the discretion of the management.

I'll bet they are...

[PhantomReclaimer]

Q. How can you legally issue parking charge tickets?
A. Our system is based on contract law. By the motorist entering the land and seeing the contractual warning signs displaying the terms and conditions for parking, they enter into a contract regarding the parking regulations. Should they choose to ignore the terms and conditions of parking, they are breaking the contract. This is enforceable in the civil courts.

Well, of course it is, as long as it meets the requirements that constitute a valid simple contract; Offer, acceptance, consideration and an intention to create legal relations - and that none of the terms are invalid at law.

Any term that purports to allow one party to a contract to levy a charge by way of a penalty for breach of contract, however, is void and is totally unenforcable. The clause simply does not exist

The contract, if valid and binding on the parties, is perfectly enforcable and Parkforce are perfectly entitled to attempt to collect any loss which their client has sustained by bringing an action for damages for breach.

Q. I am not happy with the service. How do I obtain a refund?
A. Refunds are at the discretion of the management.

I'll bet they are...

Thats what the banks think too....the Courts will take a rather different view, however!

P.

[comanche]

Originally Posted by demon_x_slash

Aren't people like 'Parkforce' (pah) meant to ask permission of the mods before they can join? I'd consider them posting on here to be similar to a bailiff or a bank manager posting...

That's for Admin to deal with but I can't help wondering if Johns has any bank charges he might want help in reclaiming.

[blueskies]

I think that, if a company wants to engage with us on these forums then they are welcome to. The banks have, so far, declined to do so. I applaud Parkforce for having the courage to post on here and hope that, by doing so, they can settle any outstanding issues with their 'customers'.

I think it can only advance CAG by allowing the views of the 'other side' to be conveyed accurately and allow for mediation.

[livelylad]

Originally Posted by seminole

That's for Admin to deal with but I can't help wondering if Johns has any bank charges he might want help in reclaiming.

Nice one

[tamadus]

I seem to recall this is the company that makes lots of money from the sick and their families by administering parking charges at hospitals.

I had the misfortune to need treatment at my local hospital on 2 occasions recently, the second was in A&E and I got out of there at just before midnight, Had I been any longer the ticket would have expired (all tickets expire at midnight) and I would have got their penalty ticket for no reason of my own, having already paid the daily fee and only using it for about 4 hours.

Hands up everyone who thinks I would have paid it ?

While i was there it came up in conversation with one of the nurses who is furious that not only do they never see any of the money raised but the staff themselves are about to be charged the parking fee.

So we have a company getting rich off the backs of the sick and infirm and now they take more from the doctors and nurses who care for them.

This is one company that should hang it's head in shame at the way they make a profit.

[sequenci]

phantom.

i'm sat at work at 8.40 on a friday night.

your post has cheered me up to say the least!