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Devere Parking and lapsed blue badge


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Hi folks,

 

Yeah, it's Devere Parking Services at Bournemouth Castlepoint again.

I parked there earlier this year in a disabled bay. Before leaving the car I put my blue badge on display. Unfortunately I hadn't noticed it had run out of date, but Devere did.

 

I have since received one of their demands quoting 'Parking in a disabled bay. Expired Blue Badge displayed' as the reason. Thanks to Lee, Steve or whoever for the reminder and I now have a new badge on the way. But I am find £100 a bit expensive for the memory jog.

 

I am not going to pay and was going to use the 'ignore it' defense. However, I have since read that the blue badge has no 'legal' status in private car parks and was wondering if this could be used as the basis of a much stronger defense.

 

Thanks in advance, Kimdino

Edited by Kimdino
corrected phrasing
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The basis is they have to prove a loss equal to the amount claimed. They cant so the charge is a penalty and since it hasnt been issued by the locql authority, unenforceable.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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blue badges mean NOTHING in a private car park

 

and they know that

 

the 'ticket' is FALSE anyway

 

it has no legal standing its just a speculative invoice

 

your choice to ignore or use the appeal route

 

might be an idea to contact the BPA.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Personally I would not contact the BPA as they are made up of the very people that head the companies behind all these notice's,

and they call it a justifiable business lmao....although you may quote some of their guidelines...

 

You could wait and see what happens or go straight for the throat by writing to them requesting all the following information

1) Close up photographic evidence of the dashboard that clearly shows the expired badge..

2) A full breakdown of the loss suffered by the actual land owner as a result of the alleged breach

and confirmation of all the revenue paid to the landowner in the previous financial year as a result of issuing notices on vehicles.....

3) A copy of the agreement between the landowner and the parking company that permits them to bring legal proceedings (As their contracts only state that they monitor parking)...

.....Failure to supply all of this information may constitute abuse of the Court Process in light of their proposed threats, and you will be asking the court to strike out the entire claim as on these points in addition to the fact that disabled parking is only enforceable on public highway....:whoo:

 

PS: I found some dodgy website of devere parking with a mobile number (No Landline)...

..It looks very amatureish to say the least.....

.and the photograph of a vehicle is taken miles away lol..

..Below is an excerpt from the Bournemouth Echo Dated 13/8/2013 so you can see what a bogus set up this company is.........................................

 

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.

 

As I said, rip up the ticket. If you receive a 'fine', do NOT pay it.

 

Instead be honest, and pay the full sum to a registered disabled charity of your choise.

Like Muscular Dystrophy association, that need funding.

 

I recall, 20 years ago watching the actions of employees of "Clampdown Security",

clamping a disabled persons vehicle at Poole Hill, frog marching the disabled person to an ATM for the release fee.

 

Most of these so called parking companies are run by ruthless ******s who only see £ signs!"

Edited by Scouse Magic
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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.

Edited by dx100uk
no advertising thank you - dx
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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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Hi folks,

Thanks for the advice so far.

 

parkstoneboy: I am attempting to get onto your recommended site but am having trouble with the account. Hopefully this will be sorted soon.

 

I was at Castlepoint today and checked the notices, they do state that 'a valid Blue Badge must be displayed'. I assume that this means that I am in a weak position using contractual grounds?

 

The incident was on 27 May when I had a payment request on my windscreen. The next coomunication was a notice of inted court proceeding/final reminder received 12th August. There is mention of a reminder sent on 13th July but I never received such. I have made no contact with them at all.

 

I am Bournemouth resident & the car is tax exempt? The demand, signed 'S. Williams' is addressed to me personally.

 

Hopefully I will get the other account sorted soon and talk to you via that.

 

Thanks

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cant re-iterate the previous advise

 

Blue Badge scheme does not apply in Private Car Parks - don't over complicate the issue, the reason for the unenforceable invoice being issued is false, either write to them and tell them that or ignorelink3.gif.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thx dx,

DeVere, though appearing amatuerish, do seem to have got themselves quite well covered. (Perhaps they decided to spend money on legal advice instead of fancy websites and letter headings).

With this in mind I am trying to make sure my defence is rock solid, and on more than one line if possible.

 

Did you get my PM okay? Not sure if it worked.

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barring all the stuff over the road

 

if/when any court paper appear

 

it is a simple case of disabled badges hold no statute in law on private land.

 

if one were to read the thread carefully

 

its most centred around one poster over the road

and a personal 'campaign' or crusade

 

as for the pm no sri cannot do that against rules

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx, homer,

Could you explain your reasoning as your statements are at odds with my understanding of the law.

 

I only did contract law & S.O.G.A at university several tyears ago and realise there is much I might be unaware of.

 

Is your statement based on traffic law which, of course, does not apply on private land. As I see it the issue is actually a matter of contract law.

 

Under contract law, DPS/Castlepoint grant me the right to use the bay but in return require that I display a valid badge. I was in breach of this by virtue of my badge being out of date & so 'invalid'. What am I missing?

 

I also get the impression from elsewhere that the 'ignore' defence is not safe to use with DPS. Therefore, unless I can find something more concrete, I am feeling that I may have to rely on pleading with the magistrate.

 

I believe that parkstoneboy understands this and has more to say on the matter. but we are unable to make contact in the private form that he, apparently justifiably, requires.

 

As today was the last day before costs were added I made an appearanxce at the DPS 'office' address. As I had guessed it was just a mailbox shop. I made it known to the staff there that I was there to give DPS some cash but was not going to hand it over without a getting a receipt from Stephen Williams. I am hoping this should stall things as I have now attempted to pay within the required time period, and the reason I failed was due to their misleading letter heading. Is this correct?

 

Thanks, Kimdino

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Under contract law, DPS/Castlepoint grant me the right to use the bay but in return require that I display a valid badge.

I was in breach of this by virtue of my badge being out of date & so 'invalid'. What am I missing?

the fact that there can NEVER be any breach of 'contract' regarding blue badges and private car parks.

 

as already pointed to by several here - BLUE BADGES HAVE NO MEANING ON PRIVATE LAND.

so you cant be 'at odds' with any 'contract'

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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batman,

I'm not sure how this Williams actually spells his name. All I have directly from him is 'S. Williams', the rest has come from reading this and similar forums.

 

It may be the same guy, now moved down south, but it's a common name.

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Hi dx,

Sorry, I may be a bit thick. I still don't see the basis of the defense you are giving.

 

I know that if I were to stipulate that anyone entering my flat for a party, say, was required to bring a teddy bear,

say, I would be entitled to refuse entry to my flat to anyone not showing a teddy bear.

I would be legally entitled to ask someone to leave who didn't show a teddy bear and take action if they refused.

You may read anything in place of the teddy bear, no matter how silly - my private flat, I'm allowed to make the rules. Agreed?

 

Trite example but hopefully it helps to illustrates the point.

 

Contract law is just a formalisation of this basis for sociable behaviour, albeit much messed about by lawyers over a long time.

 

AFAIK, the only legal exceptions to any terms I may require are when my terms require someone to break the law e.g. bring heroin, unlicensed firearms and so on.

 

Nobody has a right to use any private land owned by another party, even if that land is a car park.

The owner may grant someone access provided that the someone complies with the conditions laid down by the owner.

They may even require extra conditions for a special spot e.g. require black tie to be worn in the VIP lounge.

 

Given the above example your posts seem to imply that blue badges have less legal status than teddy bears or black ties? Or could a blue badge requirement be seen as an unfair term?

 

Or am I barking up the wrong tree altogether?

Edited by Kimdino
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using your analogy you can allow or bar anyone you want but you cant charge people money after the event for failing to bring their teddy bear

nor can you stipulate that you are going to charge people who go to a party at someone else's flat for not having a teddy bear because you want to.

 

As for rights, it is a matter of what is allowed.

 

If you invite people on to your land a third party doesnt have the right to tell your guest how to behave if they are acting lawfully.

 

The blue badge scheme applies to the public highway and public car parks covered by the Road Traffic Act,

 

not anywhere else.

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I can sanction after the event but this is where my analogy begins to break down.

 

The sanctions systems used by a group of friends operating in a social environment and corporate vultures operating in a legal environment are very different.

 

I have an idea that this point is where the case in instance may drift from contractual onto unfair punishment.

 

A third party has any right I grant them to act in my place, the official term is my 'agent'.

 

Sheesh, I seem to be building DeVeres defence for them :(.

 

Still, I suppose knowing what they may come up with is half the battle.

 

But, if possible, I would like a defence that I could have some confidence in, and to understand it.

 

I know one exists, I've seen them beaten.

Edited by Kimdino
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using your analogy you can allow or bar anyone you want but you cant charge people money after the event for failing to bring their teddy bear

nor can you stipulate that you are going to charge people who go to a party at someone else's flat for not having a teddy bear because you want to.

 

As for rights, it is a matter of what is allowed.

 

If you invite people on to your land a third party doesnt have the right to tell your guest how to behave if they are acting lawfully.

 

The blue badge scheme applies to the public highway and public car parks covered by the Road Traffic Act,

 

not anywhere else.

 

Exactly that, PPC invoice issued on false grounds.

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The OP came on here for advice but seems to be questioning the advice that is 100% correct and states in #16 that he studied contract law at university... Magistrates do not hear cases in the small claims track and as already pointed out, blue badges on private land cannot be enforced in court whether or not the defendant accepts there is a contract in force or not...

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