*** WON *** AVidUser v BPS - hearing 26th May ** WON ***

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

I am so sorry I didn't notice today's date on the paperwork I feel like a total fool now:

On the 8th June 2014 I urgently needed a new passport as my existing passport was full and I was due to renew my residency of Qatar (where I live and work) Qatar require a full blank page on the passport for the residency sticker and with only a short time in the UK I went on line to to find the details of the Newport passport office.

Newport passport office being a short 40 minute drive from my home in Weston-Super-Mare.

I opened my browser and typed in UK passport office Newport.

The first link that appeared after the search was, as it subsequently turned out for the "British Passport Services website" At the time this web site was an almost exact copy of actual UK passport office website. This site was purporting to be the official web site of the UK Government. I had no idea that this site was not the official website of the Government and proceeded to try and find the details for the Newport office.

The website as it was laid out at the time was offered the service to renew my passport. As I live overseas and have always renewed passports in person I believed that this website was not only the official website but was also offering a NEW service and allowing passport holders to fill in their details on line in order to speed up the application process.

I happily filled out all my personal details, nothing on the site at the time was leading me to any other conclusion than this was an official site, I clicked through each page and filled in all the details that were asked for. As I had a paper copy of the application from the post office all the details being asked for matched the paper copies. I continued to the end of the form where I was asked to "sign" my name on the trackpad of my computer.

It was at that point that I became slightly confused as the signature that I managed to produce on the trackpad bore little relation to the signature I would use day to day. I then proceeded to the payment page and having checked all my details filled in my credit card details.

Almost immediately my credit card was rejected. I was particularly annoyed as I has spent 20 minutes filling in my details.

I then took a pause and left my computer.

When I cam back to my PC I saw that I had several emails form UK passport services the first was:

08/06/2014

Dear Christopher ,

Thank you for completing the Passport form. As per your instructions we will begin the service including booking your appointment at the Newport Passport Office.

If you did not make the payment on the final page or received a payment error message please contact us on: 0203 0120 255 (9:30am to 6pm Monday to Friday)

You can pay via Credit or Debit Card online here >>>

or

You can Authorize us to take the £117.60 fee from Your Bank Account here >>>

or

Using the Applicant ID: 44866 as your payment reference you can send payment of by logging into your PayPal account and clicking the "Send Money" tab to payments@britishpassportservices.org.uk


If you have made payment, then please wait at least 3-4hrs (during working hours) for details via email of your appointment and details on the other items of the package that you have purchased.

Kind Regards

Sam Harris
British Passport Services
Support Department
Tel: 0203 0120 255
Fax: 0203 0120 254
Web: http://www.BritishPassportServices.org.uk

This e-mail contains material intended for the addressee only and may contain confidential and/or sensitive information. If you are not the intended addressee, please notify the sender and delete this message immediately. Do not copy or distribute this message or disclose its contents to anyone. Any views or opinions expressed in this message are those of the author and not necessarily those of UK Services & Support Ltd or any of its associated companies. We are an independent organisation with no ability to issue passports, not affiliated with the government, advice that we provide should not be considered professional advice, we are not responsible for any damages or losses and you should verify any advice and information that we provide with Her Majesty's Passport Office who provide free advice and appointments for their Passport Office's. You can update your communication preferences at any time by visiting: http://update.britishpassportservices.co.uk. No reliance may be placed on this message without written confirmation from an authorized representative of British Passport Services / UK Services & Support Ltd Company Registration Number: 08644308.







I then received this email

British Passport Services
to me


08/06/2014

Dear Christopher ,

We can confirm that your payment was declined by your credit or debit card provider and that you have not been charged anything via your card.

You can attempt to pay online again with another Credit or Debit card by clicking here >>>

or you can authorize us to debit the service fee from your bank account by clicking here >>>

There is NO need to complete the Passport Form again as our system already has your details and as per your instructions we will begin the service immedaitly.

Alternatively you can pay by...

Online, Mobile or Telephone Banking Click here for details >>>

or call us on: 0203 0120 255 to make payment over the phone.

Kind Regards

Payments Team
British Passport Services
Support Department
Tel: 0203 0120 255
Fax: 0203 0120 254
E-mail: enquiries@britishpassportservices.org.uk
Web: http://www.BritishPassportServices.org.uk

This e-mail contains material intended for the addressee only and may contain confidential and/or sensitive information. If you are not the intended addressee, please notify the sender and delete this message immediately. Do not copy or distribute this message or disclose its contents to anyone. Any views or opinions expressed in this message are those of the author and not necessarily those of UK Services & Support Ltd or any of its associated companies. We are an independent organisation with no ability to issue passports, not affiliated with the government, advice that we provide should not be considered professional advice, we are not responsible for any damages or losses and you should verify any advice and information that we provide with Her Majesty's Passport Office who provide free advice and appointments for their Passport Office's. You can update your communication preferences at any time by visiting: http://update.britishpassportservices.co.uk. No reliance may be placed on this message without written confirmation from an authorized representative of British Passport Services / UK Services & Support Ltd Company Registration Number: 08644308.

And then this email

Dear Chris,

I can confirm that your free Premium (1 Day) appointment at

• Newport Passport Office

has been booked in on your behalf. Details of your appointment are...

Date: June 9, 2014

Time of Appointment: 9:30am

Passport Office Address, Click here >>>

Appointment Booking Number: 86434760

Please ensure that you arrive 15-30 minutes prior to your appointment to pass through security etc. That your application form (which can be secured at no charge from any main PostOffice) is completed correctly (and counter signed when necessary), your passport photos are compliant and that you have any supporting documents that are required. Having an appointment does NOT guarantee you a passport. If for any reason Her Majesty's Passport Office has an issue with your application and cannot issue you an passport then we cannot held responsbile for any losses, damage or increased fee's that you may incur.

You can prepare for your appointment by reviewing the Supporting Documents that you will need by clicking here >
If you have been allocated an appointment date that was not one of your initial choices this is due to the limited availability at the Newport Passport Office that you requested. If you would like us to try and source a cancellation and secure an earlier date then what you have been allocated simply call us on: 0844 888 1134 between 9am to 6pm Monday to Friday or text REBOOK 44866 followed by the date you would prefer to 07786 300 251 (standard rate text service).
Passport Package Items
In addition to the convenience of being able to use our online passport form and the work we have done securing an appointment on your behalf the service fee you have paid also includes the below services.
Passport Form Checking Service - We provide a document checking service on the forms that you submit and will be in touch should there be any essential data that has been entered incorrectly or is missing.
30 Minute Senior Passport Adviser Consultation- You have been allocated a 10:10am consultation tomorrow with one of our duty officers. You can access this service on:0843 713 0300 and enter consultation code 44866 to connect to the consultant. As our advisers are extremely busy we highly recommend that you have a list of all of any questions ready that you have so that they can be addressed during the session as you will not have an option to speak with consultant again after this 30 minute session has elapsed. Your call will be expected tomorrow at 10:10am on: 0843 713 0300 (outside the UK +441322570035). You consultation code is: 44866. It is not a requirement that you use this consultation service. It will not affect your ability to secure a passport in anyway.

Phone, SMS & Email Appointment Reminders - You will receive numerous Phone, SMS and email reminders of your appointment to: 07411491857 and chrisparky@gmail.com.In addition to this we will also provide you with helpful reminders when your passport is due to expire.
Access to our Multi-Lingual Staff & Form Translation - If English is not your first language then you can visit http://translation.documentsarchive.org.uk for the OfficialPassport Application form translated into 50 languages. You can also contact us via phone if you wish to use the services of our multilingual staff.
Directions to the Passport Office - You will receive an email with directions from your home or office postcode travelling by foot, car or public transport via email providing step by step instructions. You will also be sent details of how to use our SMS location tool that will help you should you get lost on the way to the office.
Preparing for Your Appointment - Help and advice via email and video including what to expect on the day, which forms to and supporting documents the applicant will need to bring. All provided in bite size chunks.
As you will remember the below services are provided at no charge with the package.
Authorization Letter - If someone else is lodging the applicants passport then complete this online form at: http://auth.britishpassportservices.co.uk and an agent will create an approved Authorization Letter for you within 1 working day.
2nd Passport Request Letter - If the applicant needs two passports live at the same time complete this form at: http://second.britishpassportservices.co.uk and an agent will create the letter required for the applicants employer allowing them to request a second passport.
20% Discounted Travel Insurance - Through our partner we can secure travel insurance policies at a 20% discount when compared to standard rates. For more information call: 0844 888 1134
International Driving License & Health Card - We can upgrade your UK Driving license to one that is recognized worldwide. Chargeable through the Post Office and The AA. You can also submit your European Health Card and receive of all of the benefits of the service at: www.EuropeanHealthCard.eu at no charge.
Four Passport Photographs - shot by a professional at our Wimbledon studio. Appointment required.
Passport Office Appointment Exemption - We can provide you with a Passport Office Exemption at no extra charge where the applicant will not need to take the day off work to attend the Newport Passport Office saving time, travel and accommodation expenses and instead just post the documents to our Head Office and wait to receive the new passport in the post within 7-10 days. For details on the next step call: 0844 888 1134
Kind Regards

Sam Harris
British Passport Services
Support Department
Tel: 0844 888 1134
Fax: 0203 0120 254
Web: http://www.BritishPassportServices.org.uk


It was the final email that made me question what was going on. My payment had failed yet the company was telling me they had completed my booking. I had assumed that because the payment was rejected the Government would not then create a passport booking for me.

So I quickly did a search for the British Passport services and at that point I realised that it was all a scam.

That's what I have so far I have a meeting for an hour now

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( N180 sent in)

okay I'll knock that into a WS while you're in your meeting xxx

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

[B][U]First bit............



Claim No. xxxxxxxx
IN THE xxxxxxx COUNTY COURT


B E T W E E N:-


UK SERVICES & SUPPORT LTD
Claimant


and

Christopher Parkinson
Defendant

____________________________________________
WITNESS STATEMENT
____________________________________________



I, Christopher Parkison of YOUR ADDRESS FROM COURT DOCS will state as follows;

1. I am a JOB TITLE and the defendant in these proceedings. I currently reside in Qatar where I work at COMPANY. I make this witness statement in support of my defence in this case.

2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

3. I am a litigant in person.

4. On 8^th June 2014 I urgently needed a new passport as my existing passport was full and I was due to renew my residency of Qatar. Qatar require a full blank page on the passport for the residency sticker. I had returned to the UK for a short period and needed to organise a new passport whilst here.

5. . I was aware that I would need to travel to the nearest Passport Office to obtain my new passport quickly and that an appointment would be necessary. I went on line to to find the details of the Newport passport office, as this was the nearest office to my parent’s address in Weston Super Mare.


6. The first link that appeared after the search was, as it subsequently turned out for the "British Passport Services website" At the time this web site was an almost exact copy of actual UK passport office website. This site was purporting to be the official web site of the UK Government. I had no idea that this site was not the official website of the Government and proceeded to try and find the details for the Newport office.

7. The website as it was laid out at the time was offered the service to renew my passport. As I live overseas and have always renewed passports in person I believed that this website was not only the official website but was also offering a NEW service and allowing passport holders to fill in their details on line in order to speed up the application process. The website was convincing and seemed to offer what looked to be the exact service I required and the cost was quoted as £117.60.

8. I clicked the large “APPLY NOW!” button on the website which led me to an online booking form. I completed this with my personal details and entered the dates which I was available to attend my appointment at The Newport Passport Office. I completed the form to renew my passport in the belief that British Passport Services was part of, or otherwise an authorised agent of, Her Majesty’s Passport Office. I believed that the indicated cost of £117.60 covered the cost of renewing my UK passport and that the form I completed was my application to renew my passport.

9. I happily filled out all my personal details, nothing on the site at the time was leading me to any other conclusion than this was an official site, I clicked through each page and filled in all the details that were asked for. As I had a paper copy of the application from the post office all the details being asked for matched the paper copies. I continued to the end of the form where I was asked to "sign" my name on the trackpad of my computer.

9. It was at that point that I became slightly confused as the signature that I managed to produce on the trackpad bore little relation to the signature I would use day to day.

10. The website then took me to a payment page where I was asked for £117.60. I completed my payment details however it stated that my card had been rejected. I was a little annoyed as I had spent 20 minutes filling in my details. I closed the web page thinking that I would telephone the Passport Office directly, and believing that closing the website without having made any payment this would be the end of the matter.

11. Throughout all of the above, I remained convinced I was visiting an official Government website and that clicking away from the site would be the end of the matter.

12. I then received several emails from UK Passport Services. (Exhibits A,B and C).

13. The first (Exhibit A) confirmed my online form had been received and requested payment within three working days. This was a total surprise to me as I had left the site when my payment had failed. I had not seen any mention of agreeing to a contract or any service provision before payment, nor had I agreed to make payment within 72 hours.

14. The second (Exhibit B) stated that my payment had been declined and they would telephone me to take payment. I did not receive a telephone call.

15. The third (Exhibit C) had been sent stated an appointment had been booked in my name at Newport Passport Office for June 9^th.

15: It was at this point I realised that the website I had been using was neither the official Government passport renewal website nor an agent of such. I discovered that the fee requested of £117.60 was not for the renewal of my passport as I had been led to believe but was a service fee for booking an appointment (which is free), and a number of other pointless services which I neither requested nor wish to have or pay for. It was the final email that made me question what was going on. My payment had failed yet the company was telling me they had completed my booking. I had assumed that because the payment was rejected the Government would not then create a passport booking for me.

16. I strongly believe I was misled and deceived into understanding that I was dealing with the official HM Passport Office's service, contrary to the Misrepresentation Act 1967.

17. There was no clear point at which a contract/agreement was formed. I was unaware I had entered into any agreement before making payment. As my payment had failed I thought that would be the end of the matter.

18: I telephoned the official HM Passport Office the next morning and they stated that no appointment had been made for me previously. They told me that I should not need to pay to make an appointment. They also confirmed that the Passport Office would not ask for payment online and that I may have been victim of a scam. I was advised not to pay British Passport Services.

19. I therefore made an appointment to attend to renew my passport. This appointment was for the xxxxxxxxxx which I attended and obtained and paid for my renewed passport with no issues.

20: I returned to Qatar and heard nothing further from BritishPassPortServices until November 2014 when a letter arrived for me at my Parent’s house [EXHIBIT D].

21. This letter stated ‘ Following on from your conversation with my colleage a few moments ago I understand that you are not looking to pay us the £117.60 for the appointment package that we have recently provided you with’ I had not made or received any telephone call to or from the Claimant. I was in Qatar at that time and had not had any contact with the Claimant since their email in June 2014.

22. I did not respond to this letter. I received further letters [EXHIBITS E,F,G,H,I,J and K] I did not respond to any of these letters as I fully believed that the company were conducting a scam by misleading consumers into making payments for services that were not provided, and/or were worthless.

23. The letter included a copy of a 'contract'[EXHIBIT L]. Until then I had not received a
copy any contract, only a link to it on a web page.


24. It should be noted that this document is not secured by a password, nor is it stored on a secure https:// location. This is in contravention to all requirements of the Data Protection Act and represents a serious risk of my personal data being misappropriated. This was the first time I had seen any contract. I found that all my personal data, contract and payment details were publicly available online, as were those for all UK Services and Support's customers, without any controls over who could gain access to them. I had not consented to that personal data being made freely accessible through the internet and as such the claimant has breached the First, Second, Third, Sixth, Seventh, and Eighth Data Protection Principles, as set out in s.4 and Schedule 1 of the Data Protection Act 1998.


25. By not providing me with the contract in a durable medium at the point that the alleged contract was struck the claimant has breached Regulation 5, Regulation 16(1) and 16 (4) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I also received a copy of an invoice [EXHIBIT M] which listed a number of services I had not requested nor had any need of.

26. I then received the County Court Claim in this case on XXX January 2015.

27. I submitted my acknowledgment of service on xxx 2015. Unfortunately not being au fait with Court Procedures I entered a response to the claim on the acknowledgment form and this has been used as my defence.

28. I have since been looking into the Claimant’s business and discovered that another of the Claimant’s websites ‘UK Passport Offices’ was the subject of an Advertising Standards Authority adjudication (ref A14-273276) [EXHIBIT N] which found that the website breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.9 (Qualification) and 3.17 (Prices). The ASA required that the site be removed or changed.

29. That website is still live and at the time of the adjudication looked exactly the same as the website BritishPassportServices. Although the ASA Adjudication is under appeal by the claimant I have confirmation from the ASA that the ruling still stands [EXHIBIT O]

30. In addition to the £117.60 'service' fee, the claimant is claiming numerous 'overdue invoice' fees [EXHIBIT P] which amount to penalties under Common Law and which breach regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999.

31. Whilst researching to prepare this case in January and February 2015, I found that all my contract and payment details were publicly available online, as were the same details for all UK Services and Support's customers. The two websites concerned are passportdetails.co.uk and signedcontract.org.uk/u. The first website gives the 5 digit ID allocated by UK Services and Support to each customer and the second access to
contract details by using the ID just acquired. This concerned me as this put me at risk of identity theft.

32. In March 2015 I read an article in the Mail on Sunday about the Claimant’s company and discovered that many other people were receiving County Court claims and being subject to harassment and intimidation as a means of extracting fees from consumers [EXHIBIT Q]

33. By using online research I also discovered a large number of other customers of UK Services & Support Ltd were receiving County Court Claims in a similar manner. There is even a list on the Claimant's website of County Court Judgments [EXHIBIT R] obtained against it's customers though I cannot check the veracity of this list.

41. On researching further I discovered that several consumer websites have numerous testimonials of others who have been misled by the Claimant. These include Which? (Consumer's Association), MoneySavingExpert (Martin
Lewis) and LegalBeagles.info (Consumer law help forum).

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Shall I print all the emails and Number them? Probably a good idea right?

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

This needs wording better / leaving out....

or holding it for skeletons as it isn't directly related to a witness statement more for skeletons..



42. I am aware that the Claimant, despite having bought hundreds of claims against consumers since December 2014, has only attended one hearing. This was case B7QZ6275 at Cambridge County Court on 7th May 2015 before Deputy District Judge Raggett. The Court found against the Claimant due to his website being misleading.

43. I am aware of two further hearings where the Court found against the claimant, however the Claimant did not attend those hearings.

44: I am also aware that the Claimant has discontinued a number of cases shortly before the hearing.

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Shall I print all the emails and Number them? Probably a good idea right?

Yes refresh that post before, those first 34 points should just want editing with dates etc now.


Link for Judgments on website (http://www.britishpassportservices.c...udgements.html)

List out all the exhibits and shout what you are missing and I'll add them here.

also this is a good sentence to add in somewhere....

The large number of people who are misunderstanding this website clearly demonstrates that the website is very easy to misinterpret and that it is not reasonable for British Passport Services to continue with its policy of suing customers who make easy mistakes.


and at the end you have to put a statement of truth and sign it

I believe that the facts stated in this witness statement are true.


Signed ________________________


Dated ________________________

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Are you okay putting everything into word, printing to pdf and signing it digitally ?

If not tell me and email me your exhibits, final WS, and a copy of your signature on a plain white background.

I'll put it together send it to you then you can then email a copy to court and to Richard Howard, and I'll print copies out and send them special D to court and Richard to arrive first thing in morning.

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Um I have printed this so far

Sorry it exceeds the upload maximum can you find it on my google drive?

https://drive.google.com/open?id=0B2...Z0U&authuser=0

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

I can if you give me access -

Your request for access has been sent.

You will receive an email if, and when, the owner of this item approves your request

it'll be for amethyst1664.sc@googlemail.com

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

or email it to me ( amethyst1664@hotmail.co.uk or admin@legalbeagles.info )

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

OK sorry I forgot that bit. I have called them exhibit one two three is that OK ??? can do again if required I can change the word doc to one two three

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Thanks got it now... It will be easier to change the exhibits in the witness statement to 1,2,3,4,5 etc xx

[Amethyst]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

~We should add to the bit in the WS about that first letter that there is no contract, and no cancellation details, and first info about any agreement was in November.

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

have just emailed you at

admin@legalbeagles.info

Bit lost to be honest I am completely unorganised

[aviduser]

Re: *** AVidUser v BritishPassportServices ( WS+docs by 12th May - hearing 26th May )

Also you metion letter in the WS but I only received emails