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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.
  16. How many days after you received the ticket at Castlepoint did you receive their demand ? You have already said 'earlier this year' and I would suggest at least 2-3 months which is Devere's style How long is it since you received the demand and have you made any responses at any time so far ? Was it signed by Steven Williams ? I take it you are local to Bournemouth/Poole ? Have you got a tax exempt car ? Does the demand name yourself personally or is it addressed to whomever is the Registered Keeper ? Scouse Magic, I haven't been able to get on to their web site for some time. How did you get on recently ? Can you post an active link ? With due deference to this forum and some of the other posters so far, they obviously don't know Devere's tactics. [EDIT} The next stage if you don't respond or take positive action will be court papers. What you do want is to head this off before it gets to that stage by fair means or foul but have the back up of all the 'legal' stuff.
  17. It would be good to hear how the OP got on at the conciliation meeting The managing agents would appear to be House & Son and Redhill Court is listed here houseandson.eu/enfranchisement-information ( can't post the full link ) Someone might be able to pick the bones out of the explanation of enfranchisement. Surely no connection between House & Son and Shaun House, erstwhile and notorious clamper and director of failed companies in the area and linked with Devere in the past ? look up Redhill Court Freehold Limited on a website such as companiesintheuk.co.uk List of directors provided, probably your fellow residents, are they aware ? Company secretary, House & Son Property Consultants Ltd
  18. If it's a conciliation appointment rather than a court hearing bear in mind that mediator will be quite happy to broker a deal which could leave you out of pocket and Devere in profit. In fact they will be doing their job if they set up a deal. On the grounds you have detailed above you have no reason to concede anything at all, not one inch. Devere have picked you out as a target to make money, it has nothing to do with parking. If they have laid out £25 on court costs and a bit of time and effort, they will be quite happy with a 'median' deal. It's almost like a game of bluff and your aim should be to show you are completely confident that you would win at court and get Devere to fold I don't know how much you have found out about Devere but remember they only have a 'mailbox' accommodation address in Bournemouth and, since July 2011 are registered as a Ltd Co at another accommodation address in North London with one Director, a lady aged 62 who lives in Chigwell. This lady has never been a company director before and you have to suspect she is fronting the business for someone else. That someone else is named in other threads and likely to be her, slightly younger, and very elusive brother There is no way they have a proprietary interest in the land. You are up against one bloke who runs his business preying on who he sees as easy targets. If you have time visit pepipoo, search under Devere skiboy, Bmthdriver and Devere Swindon. Keep a note of your costs as well, as per skiboy However, do not underestimate 'Devere'. He is clever and cunning, he will know far more about you than you might think, he knows his way round court and proceedings whereas you don't. Do not underestimate the lengths he will have gone to with 'evidence' packs You may not get to meet your adversary if it is a conciliation meeting. However go along with some photo ID and if the 'adversary' is named as Steven Williams ask the mediator if his identity has been checked. A pound to a penny you won't be asked to confirm your identity. Who is Steven Williams, what is his position within Devere ? Is he aged about 60, 5'8", 13 stoneish, large nose, short cropped hair. The one thing 'Devere' doesn't want is publicity, photographs or identification. Become word perfect on your 'defence' before Friday and be able to confidently say it out loud 'verbatim' as many times as you need, to convince the mediator and Devere that taking you to court is going to be a sure win for you, with costs. Think of this as someone trying to [problem] some money out of you, someone who does it all the time, someone who's good at it Be prepared, be confident and have a great result on Friday.
  19. Whilst the blanket advice is to ignore PPC letters, DeVere letters should not be ignored. Regulars on this or MSE or Pepipoo should always be sure to advise new posters asking for advice that they do not ignore DeVere As the recent FOI details showed, they were the most litigious PPC in 2010 ( or 2011 ? ), not bad going for a one man band who operate in the Bournemouth/Poole area. Their contract to monitor the Castlepoint disabled area would appear to be their most lucrative hunting ground. The extent of any 'influence' DeVere might have in Bournemouth County Court cannot really be estimated but they/he are very well practised in their 'processes'. It's what he does. This is one man making money of which a fair percentage is by preying on people who park in the disabled area at Castlepoint without valid blue badges. As EHBA i have posted on pepipoo and advised that 'you are playing his game on his manor' in the case of DeVere I wouldn't bother complaining to the General Manager at Castlepoint at this stage. He knows whats going on, he awards the contract to DeVere to operate at Castlepoint. Do a quick search on the Echo website under Castlepoint parking and also DeVere and see what comes up. In the readers replies to Castlepoint articles, see how much sympathy there is for anyone parking in the disabled area without a blue badge As far as the current legal situation is concerned I can offer no advice and I would doubt that any siutation can be reversed or dropped by 'appealing' to the General Manager at Castlepoint or your MP. Incidentally is Castlepoint in the same constituency as you ? You've already admitted you weren't driving and whoever was, was displaying an out of date blue badge and was possibly not 'entitled' to park in the disabled area. You must assume that Devere have a photograph of whoever did park your car via the cctv system at Castlepoint. In any correspondence you must be absolutely correct in any statement of fact. From previous cases on other forums it would not wise to underestimate how much Devere 'know' and how they might turn any discrepancies against you. Looking at the facts in a cold, hard way it could be said that Devere have issued proceedings against you as the RK of a vehicle which parked with an out of date blue badge in the Disabled area. Unfortunately, you have failed to respond to any communications and Devere have done exactly what they said they would do on their website. Whilst you are quite naturally outraged at the situation you find yourself in, the reason Devere manages to stay under the radar is because of how much he knows about his 'game', how little most of his 'targets' know and as Esmerobbo says, how he has never been pinned down either as a 'private' entity or the newer Limited Company. DeVere needs to be 'outed' as much as 'crucified' but the tactics to do this cannot appear on open forums. I am convinced that this would require specific legal expertise, background knowledge and publicity, almost a team effort. You may just wish to get yourself out of your current predicament with the least cost or the least amount of effort and move on. You may wish to put up a strong fight and put in a lot of time and effort and possibly go public. As Forum rules here prevent PM's for members with less than 30 posts, I'm not exactly sure what to suggest.
  20. If you received a windscreen ticket the PPC don't know who you are. If and when they pay £2.50 to the DVLA they will find out the Registered Keeper. They will not know who was driving or if the RK was even there. The PPC just want your money and will use scary words to help get it. The Blue Badge aspect is completely meaningless At this stage it would be helpful to your pocket if you named the PPC if not the location. Others will know if that PPC has any track record with court. Otherwise agree with Notts Phil, you are literally throwing your money down the drain if you pay, worse still you won't have made the PPC shell out £2,50 and you will waste your time and money writing to faceless managers of retail outlets. Why not post back and itemise what you think the risks are and these can be answered one by one. That will be cheaper than writing out a cheque
  21. If it does relate to Castlepoint, once the 'infringement' has been logged/booked, the security staff keep the cctv cameras recording the area and when someone walks up to the car, gets in and drives off, they have it on camera. Not to be confused with an ANPR entrance/exit camera set up, which they also have at Castlepoint. If not on camera the security staff keep an eye out for the returning driver and manually record age/sex of driver. There is a financial incentive for them to do this as they do start court proceedings against a lot of people. Did the security man suddenly appear when fairbalance was taking photos or was fairbalance already aware of his presence ? Perhaps the ANPR system had already flagged a target reg no.
  22. I should head over to pepipoo.com where two current threads in the private parking forum have most of the info you should need on Devere to get the case dropped, which should happen in you persevere with requests for Devere Parking Services to properly advise their full trading style. Probably best to start your own thread As your wife has a current court case there is a possible route via the DVLA ( shown at the end of one of the threads ) to get them to confirm Devere's details. A lot of people would like official confirmation of that. If your wife's case relates to Castlepoint I would bank on the fact that Devere DO know who was driving, the place is crawling with security cameras and they probably will have been used to gain evidence of a parking issue. We do not know who was driving is probably not the defence to put forward, that approach has allegedly lost against Devere in Bmth County Court.
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