Say Hello to Simon

[putsynotme]

Re: Say Hello to Simon

Curlyben you really have the bit between your teeth on this one! Well done for all the progress. Some very encouraging news for us poor 'victims'.

This is quite a big deal in our household, I came home form work on Wednesday to find my wife extremely upset and in tears following her experiences earlier in the day with Shoal Enforcement. Today she told me how she felt sick and distressed walking our 5 year old to school through the housing development where she was clamped. She feels as though significant wrong has been done to her (us actually as I had to earn the money to pay Shoal Enforcement before they would return our property to us).

Having discovered that the location where the car was parked is actually public highway makes all the difference and I believe moves this argument on from one of details concerning the location of signs and compliance with rules to a clear criminal act. I'm not sure what you call it when a private citizen working on behalf of a private company immobilises a legally parked car on the public highway and demands large sums of money to release it? Extortion? False imprisonment? Blackmail? Demanding money with menaces. Perhaps all of these and more.

Whatever the correct legal terminology my wife is suffering distress as if she has been mugged and relieved of the contents of a particularly full purse - a street thief would be lucky indeed to find a victim with £215 on them.

We both now feel that to right this wrong we need more than just our money back. An apology from Shoal Enforcement would be welcome but probably not sincere, so I hope this goes to court and we can expose the sharp practises of this parasitic company and get them suitably punished. This will add weight to the banning of clamping in England and Wales as will be proposed in the forthcoming Freedom Bill. Once we have evidence of the facts, particularly about who owns the roadway I think we should contact Chris Huhne (local MP and Government minister).
Thanks again Curlyben, keep it up.

[Curlyben]

Re: Say Hello to Simon

You know I didn't think about getting Mr Huhne involved, I might have a chat with him when I see him in the pub

[Amethyst]

Re: Say Hello to Simon

Thought this might interest you, as possible future govenor lol


http://www.eastleigh.gov.uk/pdf/Stok...%20Juniors.pdf

• Work with parking enforcement officers to
enforce considerate parking in the local area

[putsynotme]

Re: Say Hello to Simon

Thanks Ben, that's working well then!

I'm off to Goodwood all day, I'll check in here this evening.

[Curlyben]

Re: Say Hello to Simon

So letter received from our new "friends".
I'm sure the details will be posted later, but it sounds like a generic "go away"

[putsynotme]

Re: Say Hello to Simon

Hi Ben,
Sorry if I'm being a bit dim but I didn't follow your last message, can you please explain a bit more. What has been replied to? Who has received this reply? What was the original communication that needed replying too?

Thanks

[Curlyben]

Re: Say Hello to Simon

Had a chat with your good wife on the school run, she mentioned a letter received from our "friends"

[putsynotme]

Re: Say Hello to Simon

Ah! That explains it. Thanks.

[Curlyben]

Re: Say Hello to Simon

That and I threw down the gauntlet and parked on "their" road to see if they had the guts to clamp me.
Perfectly lawfully on the public highway of course.

Shame that they didn't turn up..

[Curlyben]

Re: Say Hello to Simon

This gets better and better.

Just been chatting with my councillor friend and she has been down to the site with the police and taken pictures.
The Police agree that the signage sucks bottom BIG time.

Also the housing assoc has said that they too are having issues with the clampers as they are NOT following their instructions.

All in all, this is certainly moving in the right direction.

There's a sit down council meeting this evening with Police and housing Assoc in attendance where this will be raised.

To cap it all the police have allocated more PCSO's to the site at school kicking out times to ensure the clampers behave themselves.

So far so go.

Just need to get the cash back now, but that should be a cake walk.

[Amethyst]

Re: Say Hello to Simon

Nice work Curly, will you be able to attend the council meeting or is it a non public jobby?

[Curlyben]

Re: Say Hello to Simon

Closed door job I think, but I'll check.

Not really sure they'll want me there mind

[putsynotme]

Re: Say Hello to Simon

Attached is a scan of the reply recieved from Shoal yesterday.

[Curlyben]

Re: Say Hello to Simon

*Cough*
Yeah right. 8 weeks my bottom.

Bodmin rd is NOTHING to do with First Wessex as this isn't their responsibility.
So we stick to OUR time frame.

We'll work on the LBA to Shoal AND correspondence for First Wessex, as their clients, over the weekend.

I'll be chatting with the councillor later on, so will update as and when.

[Curlyben]

Re: Say Hello to Simon

Sorry about this, been a little tied up.

Anyway, here's a bottom kicker for Shoal

Thank you for your letter of BLAH, the contents of which are note.
I am somewhat appalled to notice that you have chosen to respond to my serious compliant with standard templated correspondence. This is completely unacceptable. I am now impelled to take further action. This letter represents the legal requirements under the Civil Procedure Rules, with the Over-riding Objective in mind, to give you due notice of my intentions.


Whilst I was NOT parked on First Wessex's land, but on the PUBLIC highway, this issue does not need to be referred to them, but as your client, they are jointly liable for your action.
As such they will be included in any ensuing proceedings that maybe required.

I feel I must reiterate my request for the return of all moneys unlawfully taken from my wife's Credit card in the mistaken belief that there was a legally payable parking contravention. The sum of £215 is expected and a full apology for the stress you have put my wife under, having to deal with this matter.

Failure to comply with my request, within FOURTEEN days will result in legal action being pursued and also reports being filed with Hampshire Constabulary and the SIA concerning your unlawful conduct and fitness to hold a licence in the area of Private Parking.


I would appreciate your swift response and full cooperation.
Further attempts to frustrate my legal rights will no longer be tolerated.


Yours faithfully,

Nemesis

Also need to get the Site manager up to speed as well.

So a simple covering letter should do the trick, along with copies of the Shoal letters

Dear JL,
As the site manager of Camborne Close, Bishopstoke on behalf of First Wessex, I feel I must bring a serious matter to your attention.
On BLAH my wife parked her car on Bodmin road, very near the Camborne Road sign post. While she was away from the car it was clamped and ticketed by Shoal Enforcement. After paying the charges of £215 the car was finally released.
I have taken advice on this matter and, while Shoal Enforcement are authorised to clamp and ticket on private parking bays on First Wessex land, they have no lawful right to do so on the PUBLIC highway.
As such I have requested the return of the unlawfully acquired parking charge, in letter 1 enclosed, but been met with non-committal vagaries. This situation is completely unacceptable and as such I have given Shoal Enforcement a letter Before Action clearly explain what my next steps will be.

As your contractors, First Wessex are liable for their conduct while operating in your name. As you are the Site Manager for this area, you represent First Wessex and I will hold you personally responsible for the swift resolution, otherwise I will have little option but to include you in any legal action I may need to pursue.

Hopefully with your direct involvement that cause of action will not be needed and we can put this unpleasantness behind us.

I trust that I make myself clear in this regard and I will not be fobbed off any longer. Shoal Enforcement have unlawfully charged my wife for a parking contravention that does NOT exist and amounts to Fraud.

I expect a positive response within FOURTEEN days, otherwise I will be taking this matter further.

I await your rapid response.

Yours BLAH