Say Hello to Simon

[pompeyfaith]

Re: Say Hello to Simon

good letter but edit out personel info

[Amethyst]

Re: Say Hello to Simon

I would think they will say that the red brick road bits are the private land and where the parking restrictions apply - but obviously it is not marked and it should be on entry to that area (ie just by the bump). Whats the restrictions down the road by the woods ? (where the footpath used to be)

Looks much better in your pics than it does on google earth. Hopefully no one will have an accident trimming the hedge.

Stating the obvious I know but every little helps

[putsynotme]

Re: Say Hello to Simon

Thanks Amethyst for taking out the personnal info. I thought I was sending a private message to Curlyben. Being new this forum thing I don't really know what I'm doing.

I agree with your comment about the brick road but this is no indicator of change of ownership. Plenty of areas on the public highway are similar.

I want to send this letter by registered post but the address for Shoal is a PO box number. I have the registered address for Shoal in London. Any ideas?

To illustrate the attitude of this company they sate on the CPCN that should you want a reply to a complaint you have to enclose a stamped addressed envelope! This from a company that has just relieved you of £215 and cannot afford a stamp. It will have to go on my list of expenses to reclaim if it comes to that.

[Curlyben]

Re: Say Hello to Simon

You can send signed for mail to a PO box, so go with the Waterlooville address.

I would be inclined to hold off sending a copy to First Wessex at the moment, but keep in on file for now.

I'll be asking in school later on to see if anyone else has been hit by these people.

[Curlyben]

Re: Say Hello to Simon

Well we've had another one this afternoon, same(ish) area.

Ok in this case it was on a marked bay, but the clamp was instantly applied without warning.

So this has now become a CRUSADE..

I'll park this here for now as I'll need it later: http://www.britishparking.co.uk/file...ractice_v6.pdf

Overall this companies signage does NOT comply with the BPA's code, so yet more ammo.

The only thing I'm trying to clarify is does a ticket need to be issued BEFORE enforcement (clamping) actions take place ??

I know the signs are meant to give times when the "contract" relates, these don't.
Also there should be signs on entering the site to let people know it is privately controlled parking.

Hey Simon, you up for more fun and games ?

[putsynotme]

Re: Say Hello to Simon

Thanks Ben,

I'm up for doing this company over as much as I can. I rejoice in the news that clamping on private land in England is due to be made illegal next year:

BBC - Watchdog: Clamping down on...clamping

[putsynotme]

Re: Say Hello to Simon

Making the case against Shoal Enforcement:

They are currently listed as members of the BPA Approved Operator Scheme. As such they should comply with the BPA Code of Practice as continued membership to the Association is dependent on operators signing up to the Code of Practice and joining the AOS.

The BPA code of practice has been breached in the following ways:
Page 8 15.4 The term 'fine' is used on the receipt. The term 'penalty' is used on the CPCN.
Page 11 A8.2d Signs do not give the times during which vehicles will be immobilised or removed.
Page 11 A8.2e Signs are not placed at the entrance to the site.
Page 12 A8.4c Reason for vehicle being immobilised not given
Page 12 A8.4f SIA licence number of person who immobilised the vehicle is not given.
Page 12 A8.4h Guidance on immobilisation device not being removed except by an authorised person not given
Page 12 A8.4k The AOS logo or name not displayed anywhere as required.
Page 12 A10.3 Extra charge for paying by credit or debit card not given on sign (wording on signs is 'A payment processing fee of up to £15 may be charged.)
Page 13 A11c We were informed by Shoal over the phone that payments may not be made by cheque (to avoid the £15 extra fee). This is in breach of the code and Shoal's own CPCN clearly states that payment may be made by cheque.
Page 13 A11.4g The operators VAT number is not given on the receipt as required.

I note that Shoal Enforcement have their own different code of practice, which makes me question why they are in the BPA?
Code of Practice

[Curlyben]

Re: Say Hello to Simon

You saw what I read earlier

All good, I love information..

Certainly brings into question their fitness to conduct this business, which is exactly what we need to bring to First Wessex's attention.
All good information when we file at court, should the need arise.

I've been putting the word round at school for more victims as well.
The more the merrier.

[Curlyben]

Re: Say Hello to Simon

Well it gets better.
Just been hearing more details about the one today and it transpires that the mum, with 2 small children had parked up.
Took the eldest into school and by the time she returned they had pounced and clamped her.
This was all in about 10 minutes, so they were clearly lying in wait for her to leave.

By the time I arrived a group of other mums were seriously berating this overzealous and distinctly intimidatory behaviour from the clampers.

Charge was paid and car released, so more fun and games for The Crusaders..

[Curlyben]

Re: Say Hello to Simon

Just collecting more bits

Dealing with from Private Parking Companies (PPCs) - FightBack Forums
FAQs - Private Parking Companies/Charges (everything you need to know)
FAQs - PPCs - fighting back. The forces are aligned

[Curlyben]

Re: Say Hello to Simon

Right then been talking to the Local Council and police on this.

The area in question IS public highway and as such clamping is completely UNLAWFUL assuming the car is lawfully parked. They are within their "rights" to clamp within the properly signed and lined areas though, but as we have already found out the signage is lacking.

The Police WILL attend in situations like this, so I might just have to try this out tomorrow afternoon

I'll be having a chat with a member of the Parish Council this evening about these goings on..
Oh dear they picked on the WRONG group of mums here.

[cbr786]

Re: Say Hello to Simon

Hi I am new to this site but here is my 2 cents worth On Vehicle Clampers and a way out !!!!

First of all the clamper responsible must be licensed to immobilize vehicles and his Sita Badge must be valid..

Secondly If a Clamper phones the Police or you phone the Police make sure you know your rights so long as you are polite and not abusive and not behaving violently or in any other abnormal manner the Police can really do nothing they are powerless.

Now here is how you get out of paying for the clamp (does not work all the time) First you calmly get into you vehicle and lock all the doors so in essence you are locked in your own vehicle. The clamper can not damage your car to get you out of your vehicle nor can the police. I have had instances where the police have told me they will smash my window and drag me out of the car if I did not come out voluntary. This is crap they are not allowed to damage your car unless they need to arrest you because you are being Racist,Abusive,Violent or any other reason they simply have to stand there and keep the peace. After a while the police get told by superior officers that they cannot wait around keeping the peace all day as they have better things to do so they tell the clamper to leave clamp on car if he wishes and move away as leaving the clamper and you alone with out police presence might cause a breach of the peace (which is an offence). At this stage the police realise you are not going to get out of the car so they tell the clamper to leave and tell you when you are willing to pay for the clamp call the clamper back. The clamper will threaten you that a lorry is on the way to lift car and take it to the storage facility, This is where locking yourself in the car come to play. The law states it is illegal to recover move a car for what ever reason with a person inside. The Insurance does not cover the clamper to remove a vehicle with a person still in the vehicle so this is the loop hole you can get one over on the clamper by locking you self in the vehicle. The clamper will get fed up of waiting and usually removes the clamp and moves on. The only reason why the clamper will stay is if you have made it personal by getting on his nerves by saying something rude. I have typed a essay here lol

[Curlyben]

Re: Say Hello to Simon

Welcome to LB cbr, thanks for the info.

An interesting idea there, that certain needs bottle. Bear in mind we are dealing with Infant school mums here, but I might give it a go.

First two points already fully covered and checked

[Curlyben]

Re: Say Hello to Simon

Well this gets better and better.

After talking with my Councillor friend it transpires that the housing assoc made an undertaking NOT to use private parking firms on this site.
They have fired off a strongly worded mail to the site manager and have already got a scheduled meeting with the police and housing people on community matters, so this will be raised then.

Surprisingly enough they were NOT amused about what had transpired and further official steps will be taken.
I also have the name of the site manager so they might well be included in any court action we may take as they are jointly liable as they instruct the parking firm here.

This is getting REALLY good now.

Ps I hope I can count on your vote for School Governor, Simon

[pompeyfaith]

Re: Say Hello to Simon

Well done curlyben the wheels are moving fast it seems.

PF