Devere Parking Services Ltd help

[Not so happy]

Hi guys.

 

I had a credit check done yesterday to find out that I had a CCJ against me and was shocked. Turns out they did this at Northampton County Court and I had no notification as I had changed address since the fine was initially issued some 4 months earlier.

 

I was unloading computers to Poole Chamber of Commerce and had ligitimately parked to do this in my van. I wrote to them with backed up evidence from Poole Chamber and did not hear anything back so assumed they had just cancelled the ticket.

 

I now have to either pay £175 to have it settled or £88 to have it set aside.

 

I am not happy, as my name suggests and if anyone knows how I can get them to pay me back this £88 I would be most grateful! (May change my user name to I am happy!)

[esmerobbo]

You would need to have it set aside, then go through the claim again and hopefully win, however Devere do seem to have a tendency to win in Bournemouth.

[Not so happy]

Well, I am not so sure this time as the palce was delivering to has no road to stop on and the only place to park is their car park.

 

Not sure how else they can get deliveries.

 

I will get it set aside, doing that now but what a pain. Will I get the £80 back? i don't think so.

[esmerobbo]

Well, I am not so sure this time as the palce was delivering to has no road to stop on and the only place to park is their car park.

 

Not sure how else they can get deliveries.

 

I will get it set aside, doing that now but what a pain. Will I get the £80 back? i don't think so.

 

If you win yes plus any other costs incurred, which are pretty limited in small claims.

 

Do you live in Bournemouth or could you move it to another court?

[Not so happy]

I live in Bournemouth but the CCJ was issued in Northampton.

 

In my defence, Poole Chamber of Commerce who I was delivering to are happy to confirm that I was delivering half a dozen computer towers, monitors and furniture which was being donated by a local solicitors. I did not even charge for delivering them.

 

There was also no response to my letter I sent and the CCJ was sent to the address the van "HAD" been registered to before I closed my business two months erlier so I never received any notification of the CCJ.

 

Pain in the arse really and it was a private car park I parked in, not a public one.

I have read the castle Point cases but I did not park in a disabled bay or obstruct any entrance, the letter says I did not display a valid parking pass and there was no way to purhcase a temporary parking ticket so I am baffled as to how anyone visting can stop there!

[kirkbyinfurnesslad]

Northampton is just the clearing centre

[Not so happy]

Thanks.

[kirkbyinfurnesslad]

Worth bearing in mind u will need at least a skeleton defence for when u have set aside hearing so the judge can see u have a viable defence.

 

But first of all get the application in

[Not so happy]

And do you think delivering to an office on the premises where I recevied the ticket is a viable deffence?

[kirkbyinfurnesslad]

Tbh that's not really what u would base your defence round but it can be included

[esmerobbo]

Are they the sole tenants or is it a business park/centre/area?

[ericsbrother]

who owns the car park you parked in. You mention Poole chamber of commerce, do they own or rent the building and if so do they occupy the car park as of right? If that is the case you can ask them for proof that DeVere had the right to take you to court in their own name, which would mean that a contract that allowed that specifically must have been entered into. Tell them that you need to see it for a court appeal and if they get a bit coy about this point out that you can obtain it by means of a Norwich Pharmacal order but would prefer to keep things simple and short.

[Not so happy]

Are they the sole tenants or is it a business park/centre/area?

 

it is a shared office block and you are giving parking permits when you rent there.

 

You are not giving visitor permits

[Not so happy]

who owns the car park you parked in. You mention Poole chamber of commerce, do they own or rent the building and if so do they occupy the car park as of right? If that is the case you can ask them for proof that DeVere had the right to take you to court in their own name, which would mean that a contract that allowed that specifically must have been entered into. Tell them that you need to see it for a court appeal and if they get a bit coy about this point out that you can obtain it by means of a Norwich Pharmacal order but would prefer to keep things simple and short.

 

Not sure who owns the car park but there are signs saying devere (or someone similar) "police" the car park but I have delivered many items to many car parks in my time and never had to get a ticket as I am in and out in minutes.

[ploddertom]

New thread created

[Not so happy]

Cheers.

[ericsbrother]

So DeVere dont own it and that meand that the landlord or occupier. Speak to th people you deliver to and get them to rip into DeVere.

[Not so happy]

I did.

 

They spoke to the landlord who said he had no power to do anything about it

[kirkbyinfurnesslad]

I did.

 

They spoke to the landlord who said he had no power to do anything about it

 

What exactly did he say......

[Not so happy]

Okay, the office I delivered to (Poole Chamber of Commerce) told me to stop there to deliver. I got the ticket. I gave it to them who then called their landlord who said it had nothing to do with them as he had sold the parking rights to them. He told me to write and and see if they would scrap it which we did but never heard back from them. That was roughly this time last year. I then got the CCJ without knoiwng as the business closed in January and I was no longer at that address.

[ericsbrother]

now you are saying the parking rights were assigned, to whom? Poole chamber of Commerce or DeVere?

[ericsbrother]

The set aside will be fairly easy as they have the wrong details but they will just apply again unless you can come up with evidence that will dissuade them from doing so as DeVere are litigious sods. You need to know what the signage said at the time, what the terms were of the contract between DeVere and the landlord (Poole CoC can tell you who they are) and who gave you the authority to park. If Poole CoC have sole use of the car park then they are the occupier and it is everything to do with them. The CCJ is trashing your credit score so it is worth fighting to remove unless the folding of your business has caused you other debt problems. Also, get a copy of the particulars of claim and the evidence offered to court to support it. There may be very little as you didnt respond but it will help knowing what DV are claiming for as a defence can differ depending on the reason.

[Not so happy]

Thanks.

 

just to clarify as it does not seem I have made it clear who owns what. As far as I can gather, I was delivering to Poole Chamber of Commerce who have an office in a building, keel House BH15 1E. The building is owned by a company/property developer who they lease the premises off. They in turn have sold the rights to the car park as far as I am aware, to Devere parking services who randomly patrol the area. PCC are allocated a parking space and giving a parking permit. There are other spaces belonging to offices in the building and a lot of empty spaces as the building at the time was mainly empty.

 

I parked at the first space possible where it allowed other traffic to pass so as not to block the entrance to the car park. I unloaded the computers and other items which probably took no more than 20 minutes in 4 or 5 trips. I was not away from the van for more than a few minutes at a time so basically the person who gave the van the ticket must have seen me and waited until I took a load in before giving me the ticket.

 

The busisness did not have any debt when I closed it hence why I was surprised when I found out I had a CCJ against me.

 

the company never responded to the letter where the PCC said I was delivering to them.

 

thanks for the advice with regards setting aside the CCJ. I am just trying to work out if it is easier to pay the thieving ******* or fight it.

[ericsbrother]

Also, find out how Poole CoC have access to the car park as if they have allocated spaces then they are the "occupiers" and DeVere doesnt have a contracft that overrides their permission to you.

I see your problem as being that no-one understands why you are asking them for this info so you are not getting the full picture and have to ask again. It might make more sense to ask in writing and then you can properly ascertain the relationship between the parties and what rights have been assigned and what are held by the the landlord.

[parkstoneboy]

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 ?