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parkstoneboy

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  1. http://forums.pepipoo.com/lofiversion/index.php/t79864.html Here is another 'case' from this location with details of who owns/owned the car park. I can't see that Devere have any interest in the land other than they are appointed to patrol it. Is the OP saying they wrote to Devere but did not receive a response ?
  2. Great result Lily808, got a bit worried you'd caved in before Court because the thread went quiet for so long.
  3. Homer - do you really think I work for a PPC ?, Just go through my Devere related posts as ... . One of my first posts on this forum when, pre POFA, the general advice was to ignore PPC charges, I stated that Devere should not be ignored. Devere were the most litigious PPC in 2012, pre POFA ( c240 court proceedings issued ), post POFA they were, after the last FOI request, the second most litigious PPC, after PE, (c190) Kirkbyinfurnesslad - there may be something in what you say about cosy relationships but I'd suggest people who lose are, in the main, unprepared and unused to court and do not have legal representation. On the contrary Devere is prepared and used to court proceedings, however if Devere thinks/knows he is up against a well prepared defence he often doesn't turn up. One poster on here has Devere defences although he hasn't posted on this thread. Most of their victims are personally selected 'targets' who live in the Bournemouth/Poole area which is where Devere, for the most part, operate. I believe they have some accounts nearer Southampton and unless the OP is mistakenly conferring city status on Bournemouth or Poole, this could be nearer Southampton, Salisbury or perhaps Winchester. However the OP may live nearer Bournemouth so Bournemouth would still be the local court for the OP, if it get's that far. What we don't know is how many cases actually get to court and how many victims cave in before court or at mediation. I would suggest that less than 5% of Devere's court targets post on the forums. Devere ARE DIFFERENT to nearly all other PPC's. He has tried and trusted methods which have worked over the years. Issue a ticket, driver ignores. After a couple of months send a reminder, driver ignores, after another 6-8 weeks send another letter saying pay up in 7 days or court action. Driver caves in or court papers are issued. The reminder may or may not be sent but if it gets to court, Devere will say it was sent and have a copy. In the OP's case an appeal has been made and a response hasn't been sent. If you hadn't phoned up the next letter you would have received the pay up in 7 days or court letter or even straight into a court letter. I would suggest the OP gets an itemised phone bill showing your calls to Devere. In the unlikely event this did get to court these calls would not have happened as far as Devere were concerned. At some stage a Devere target needs to post up the documentation received from Devere, redacted of all personal details. I suspect he is paying scant regard to BPA guidelines as they don't tie in with his MO. He certainly won't want to cough up the PPC's POPLA fee whereas a £25 court fee is seen as a reasonable investment. Even if he reads this forum he will know exactly who the OP is anyway from the details provided already. Was a ticket stuck on the car at the time or was it sent in the post ? If the latter, how many days after the incident was the letter sent ? Devere have an arrangement at Poole Quarter Housing for residents to take a photo of the car, e-mail it to Devere who will then issue the ticket. If the former what was the gist of the reply - driver didn't see signs ? What was on Devere's reply by recorded delivery and any reference to dates and POPLA appeals ? Was the letter addressed to the registered keeper and did it make any reference to the what action to take if the RK was not the driver ? Presumably it did as your partner responded confirming she was the driver. What was the gist of this reply to Devere ? Did you keep copies ? Whilst POPLA might suggest you get legal advice it is also important that at some stage Devere's paperwork and timelines are scrutinised for possible breaches of the BPA Code of Practice. Devere's MO tries to bypass all the BPA/POPLA stuff. This thread is different to other recent ones where posters arrived when court papers had already been issued. Did you get a POPLA appeal no from Devere ? You phoned POPLA but who have Devere failed to respond to, you or POPLA ? Ref Devere's inclusion of CCJ details, did the details give a name ? Anyone think that could breach Data Protection ? If the OP can enlighten us we can get on and help in relation to the BPA Code of Practice and POPLA appeals, without the petty bickering.
  4. The non-existent reply is a regular ploy by Devere. As you are already discovering you are up against a slippery customer I do not know what info DX100uk is referring to about not believing all you read on here about Devere. For various reasons this is not the best forum for Devere problems. Sorry regulars but that is the way it is. I don't suppose you got the name of who you were speaking to. Did the failed POPLA appeals and CCJ's refer to Devere cases ?
  5. Copy saved, the author was LEE and the document was created on 22/05/2013. Can we ask the OP if he wants to pursue things or are things being pursued via other channels ? Has anyone been in touch by PM/e-mail ? Has the OP paid ? Devere do not own the land and there is more excellent info available ref Devere and this location that needs to be kept off forum. The trouble is the required no of posts before you can PM on here means it isn't going to happen.
  6. Just so it goes on record, as it were, can someone who opens the link, send a reply with the name
  7. Thanks Skiboy Just in case anyone doubts that info here's a link to Poole Quarter's web site and their new contract with Devere http://www.ourpoolequarter.org.uk/devere%20letter.pdf When the Devere page opens up, right click and look under document properties and see who the author is. The parking attendant, not identified on the original ticket, in breach of BPA AOS code of conduct will have been a Castlepoint security employee.
  8. How much have you looked into Devere's MO and history in court in Bournemouth ? Do you really think he's having a punt for the first time on a Castlepoint disabled parking case ? He has been 'doing' court a couple of hundred times a year for a number of years. He knows exactly what he is doing and most of his chosen victims do not. He should not be under-estimated and I certainly don't think he expects the magistrate to die laughing if it did get to court. Having said that there is plenty to go on to blow him out of the water so let's see what the OP thinks
  9. I think we have to take it that there are signs stating that valid blue badge must be displayed We know no 'offence' has been committed. The OP is not faced with an unenforceable invoice at this stage, it's pay up or we start court proceedings Breach of Car Park Terms and Conditions Serial No DPS ***** At Location Castlepoint Vehicle Registration Number **** *** Seen By (attendant) Make *********** Model ********* Colour **** I breach of the Terms and Condtions as indicated (see overleaf for details) 1B Any observations by attendant There is a long history of Devere and the disabled section at Castlepoint. Occasionally Devere get some flack but Peter Matthews the GM of Castlepoint, who has obviously known Devere for a long time seems to have a happy knack of being able to phone up the Editor of the Bournemouth Echo and planting a story where it all comes alright in the end, Castlepoint come out smelling of roses in their continued fight against non-disabled people parking in the Disabled section, the Echo do their bit and Devere generously make a 'gesture of goodwill' and the post bag is full of comments recommending that any 'able-bodied' driver is hung, drawn and quartered. Naturally the standard of reporting is very poor and as for any investigative journalism, forget it. Devere's MO at Castelpoint is this. The Castlepoint security team and any Devere attendants keep an eagle eye on the Disabled section and slap a ticket on any vehicle with any minor 'transgression' Most PPC's would be looking for payment and would actively chase that payment. Not so Devere. He leaves it, he may or may not send a reminder after a couple of months. After approx three months, wham, pay up in 7 days or face court. The victim either coughs up £100 in a hurry or doesn't and will be issued with court papers. The next option is mediation and Devere can still walk away with c£150 if the victim caves in before court with a 50/50 agreement. If it goes to court Devere will have all the information, photographs and experience stacked up in his favour if the victim is not thoroughly prepared. The Judge and Devere will keep the issue very narrow basis. Did the victim have an out of date blue badge, answer yes, here's the photo Victim was given a ticket - no response Victim was sent ( or not sent a reminder but it's on Devere's documentation ) - no response Victim was sent a final reminder - no response Court claim issued Mediation - Victim advised to split 50/50 - result for Devere Court - NOTHING apart from the out of date blue badge and the breach of contract for that single point is discussed. The Judge isn't interested. We know Devere were the most litigious PPC in 2011 with c 240 court papers issued, in 9 recent months they issued over 190 court proceedings. Only a handful of cases have made it to the forums. The victims are almost exclusively from the Bournemouth/Poole area so that if it does go to court it is in Bournemouth where Devere is used to winning. Devere do not appear to paying much attention to POFA/POPLA/BPA procedures with their ticketing arrangements. Would someone else like to comment on the timeline given by the OP, basing it on the fact that the July reminder was not actually issued. I have spotted at least two BPA breaches, how about someone else confirming them ? You have to assume that most victims cough up either at the final demand, mediation or at court. Over the years there will have been hundreds, perhaps thousands of local Devere victims via his well proven modus operandi. I'd say things are looking good for the OP on several levels if he wants to stick at it and put up a fight.
  10. Ref the Disability aspect, this from a very well respected poster on PPC forums, particularly on Disability issues:- A contract term that has the effect of causing a breach of the Equality Act is null and void. A person's disability need does not disappear if a Blue Badge is out of date or not displayed (or even if they don't have one at all). EQUALITY ACT 2010 142 Unenforceable terms (1) A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act. 144(1) A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act. 29 Provision of services (1) A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service. (2) A service-provider (A) must not, in providing the service, discriminate against a person (B)— (a)as to the terms on which A provides the service to B; (b)by terminating the provision of the service to B; ©by subjecting B to any other detriment. (3) A service-provider must not, in relation to the provision of the service, harass— (a)a person requiring the service, or (b)a person to whom the service-provider provides the service. (4) A service-provider must not victimise a person requiring the service by not providing the person with the service. (5) A service-provider (A) must not, in providing the service, victimise a person (B)— (a)as to the terms on which A provides the service to B; That is the position in a private car park where there is no Parking Places Order and no Council involvement (Blue Badges not applicable despite the [problematic]' signs). The Equality Act is silent on 'Permits and Badges', as they are not the only indicator of disability need by a service-user wishing to avail themselves of a 'reasonable adjustment' provision such as a wider/closer bay. -------------------------------------------------------------------------------------------------------- The reason Devere gets away with this sort of thing, in excess of 200 court claims pa, is because he is very well practised at what he does and his carefully 'selected' targets aren't. He offers a personalised and very local 'service' designed to earn a living. This is not a hi-tech, automated process. No-one seems to have put his processes in relation to the BPA Code of Conduct and the Equality Act to the sword, yet.
  11. Does the actual ticket comply with section 29 of BPA on the attached link ? I can spot one breach http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2012_v2_March2013.pdf Are there any references on the ticket about appealing or to POFA ( Protection of Freedom Act ) or POPLA ? Have a look at Page 21, Notice to Owner/Keeper. In relation to the final reminder there is at least one other breach there. As you have made no responses to Devere, theoretically, they can only assume you are the Registered Keeper from the details they obtained from DVLA. In reality they will either have a record of what you look like or a photograph. While you are at it post up the payment details, location and contact details. As Devere's web site seems to be out of action it would be useful to have up to date knowledge/confirmation.
  12. First or second class postage ? Franking stamp on enevelope to say where it was posted from ?
  13. On the original ticket is there any mention of appealing etc ? What has happened here is a classic Devere set-up/sting End of May - windscreen ticket Driver ignores, As no reminder is actually sent, nothing further until.... 9th August ( what a surprise, it's a Friday ) and just because the final reminder was dated on Friday 9th August, doesn't mean it was posted on the 9th. Payment due within 7 days from the 9th. All of a sudden the OP needs to do something in a hurry as Devere won't hang about issuing court papers. Could the OP advise 1/ Date of postmark on envelope 2/ Date received
  14. The OP does appear to have been inconsistent however the details as per post 7 do ring true in that Devere take their time and I fully believe that the OP would not have received a reminder 'around' the 13th July as Devere have form for saying they sent reminders which were not received. There would be one way for the OP to verify if the 'reminder' wasn't sent around that date and that would be to check with DVLA to find out the date of the request from Devere ref the registered keeper of the vehicle in question. I wouldn't be totally surprised if Devere didn't allow his targets plenty of time to have a/ failed to pay against the 'ticket' and b/ failed to have paid within a month or so of the non-existent reminder before investing £2.50 plus postage to get the RK details. Full marks to whoever at Castlepoint security spotted the fact that the blue badge was out of date, could they have also spotted that the vehicle was tax exempt ? There was a story in the Bournemouth Echo relating to an expired blue badge when Devere generously waived their 'fine' and just went for an admin fee of £10. So it easy enough for it to happen but it shouldn't be something that benefits Devere Parking Services Ltd Search the Bournemouth Echo site under blue badge renewal Castlepoint If you go to Castlepoint's website and go to a section regarding customers with access needs you will see a link to AccessDorset and who should be one of the business sponsors of AccessDorset but....Castlepoint I'm not sure where the OP is going by visiting the maildrop address for Devere and offering to pay and their thoughts on the 'contract'. This is after stating in Post 1 that they were not going to pay. Whilst the OP needs to be prepared for Devere issuing court proceedings, Castlepoint and Devere need to be blown out of the water on the Disability aspect before it gets to that stage Peter Matthews is on the website as being the General Manager of Castlepoint. As their seems to be a credibility issue, perhaps the OP could post up redacted details of the original ticket and the final reminder. They would be useful to see anyway. I wouldn't be worried over the spelling of Steven or Stephen Williams, I don't believe either actually exists. It is just a name Devere uses.
  15. My previous post has been edited. In it I recommended that the OP also posted this on another website for additional good advice and I confirmed my ID on that site. For the benefit of the OP, let's not be parochial about this. After the ticket has been issued there are just two stages to Devere's trap and the OP is already through stage one. I cannot PM on this site and there is some 'stuff' about Devere cases that needs to stay below the radar. In specific relation to Devere Parking Services Ltd, Castlepoint, a Disability 'issue' and Bournemouth, three posters have not given good advice and Scouse Magic is off beam as well. The section below in italics was posted by me, Parkstoneboy aka EHBA in the comments section of an article about Devere in the Bournemouth Echo. The section about ripping up the ticket from Scouse Magic's Post 4 was not written by me but appears to have been appended to the bottom of my post from the Echo somewhere else on th'internet. --------------------------------------------------------------------------------------------------------- Your intrepid Echo reporter advises that Devere are Bournemouth based. "Yes, they are Bournemouth based to the extent that they have an accommodation 'office' address at 89 Commercial Road, Bournemouth. Their telephone is an 0844 number with no geographic location. The Ltd Co, Devere Parking Services Ltd, formed last year, is also registered at an accommodation address, this time in North London, The sole Director is a lady, aged about 60, who has never been a director of any company before, and she lives in Chigwell, Essex. I'm sure Bournemouth needs lots more more locally based companies like this. Devere Parking Services were notorious in 'private parking' circles for being a totally untraceable 'company'. Devere Parking Services Ltd was registered last year to become more 'official' as the British Parking Association attempted to clean up it's members profiles in advance of the the proposed 'freedom' bill. Peter Matthews of Castlepoint must know who was behind Devere Parking Services and now, who is behind Devere Parking Services Ltd. Who is Steven Williams? How was he connected to Devere Parking Services ? Is he now an employee of Devere Parking Services Ltd and if so, in what position or capacity? Has anyone ever seen him? What does he look like ? Can anyone verify that 'spokesman' for Devere Parking Services, and more recently, Devere Parking Services Ltd, Steven Williams is Steven Williams ? The Echo should make it their business to have a face to face meeting with the actual and fully verified Steven Williams. In all the Echo 'articles' over the years involving Devere and Steven Williams, I would wager £100 to charity that no Echo reporter has met or verified Steven Williams existence or that they have verified and unimpeachable evidence that he has a connection to Devere Parking Services or Devere Parking Services Ltd.
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