Vinny's Westie Posted August 2, 2012 Share Posted August 2, 2012 I have received an email from Proserve Enforcement Solutions regarding an alleged parking contravention which has caused trespass. They are chasing for £120 being £100 plus VAT for a trespass charge and following a rather threatening telephone call from them to me they insist my company is liable for the charge even though their letter states "the driver breached the landowner's terms and conditions by stopping and waiting on the double yellow lines, and as a result of his actions he therefore committed trespass." Then "As owner/driver of the vehicle at the time.....you are responsible for the payment of the Notice to Trespass." It also follows that it we don't pay then court action will follow and extra costs etc.... This appears to me as a new take on the old parking ticket scam and I was after some information from the appropriate wiseness of the WSCC as to what to do. Thoughts please and thanks for your input. Quote Link to comment Share on other sites More sharing options...
Geoff101 Posted August 2, 2012 Share Posted August 2, 2012 I thought that in order to claim damages for Trespass, you would have had to cause damage to the land?? Must be a solicitor on here somewhere? Quote Link to comment Share on other sites More sharing options...
peterg Posted August 2, 2012 Share Posted August 2, 2012 Check out the Pepipoo(?) website but it certainly sounds like bollix to me - their website says they do parking enforcement and debt recovery.... http://www.proserve.co.uk/Private_Trespass_PCN_Recovery.php Quote Link to comment Share on other sites More sharing options...
Captain Colonial Posted August 2, 2012 Share Posted August 2, 2012 How did they get your phone number? Quote Link to comment Share on other sites More sharing options...
dombanks Posted August 2, 2012 Share Posted August 2, 2012 i would love to know what they think they mean by ethical? did they give you any proof it was you/where it happened etc. Quote Link to comment Share on other sites More sharing options...
peterg Posted August 2, 2012 Share Posted August 2, 2012 How did they get your phone number? sounds like it was a company vehicle so either 'did a search' or maybe it was signwritten on the side Quote Link to comment Share on other sites More sharing options...
FILFAN Posted August 2, 2012 Share Posted August 2, 2012 Ignor it. My inlaw had something similar recently. They can't do anything really. Just ask for proof of the offence and visibility of warning signs so you can pass if to your solicitor. They will prob shut up after that. Only councils, police etc can issue fines so what that probably have sent you is a invoice and not worth s##t Quote Link to comment Share on other sites More sharing options...
CrashBangWallop Posted August 2, 2012 Share Posted August 2, 2012 In order to fine you they have to prove it was you driving, as the offence is with the driver, not the owner. Unless they have a glorious photo of your mugshot, it'll be difficult (and very costly for them) to prove. Only police and traffic wardens can issue fines. Pepipoo is, indeed, a fantastic site and well worth the few minutes to sign up to. Quote Link to comment Share on other sites More sharing options...
Andy Banks Posted August 2, 2012 Share Posted August 2, 2012 Contact the local council (where the alledged offence occurred) for advice. Do this in writting so you have a date stamp of communication. Does sound like a scam to me. Quote Link to comment Share on other sites More sharing options...
GreigM Posted August 2, 2012 Share Posted August 2, 2012 There's a thread on this here which mentions this company directly: http://www.consumera...Trespass-Notice but basically: 1. If there was any consent - implied or actual then it can't be trespass (i.e. if it is a customer car park then there is consent) 2. Only the landowner can claim trespass, a 3rd party working for them can't 3. They can only claim nominal damages even if proven (zero chance), so probably not even £100, and why would VAT apply - it would be a damages award which doesn't attract VAT 4. Their contract if at all valid (doubtful) would be with the driver of the vehicle - the owner is under no obligation to provide details of the driver at the time, so it would be thrown out for that reason However, while their action is completely toothless, if they did choose to issue a court summons it would cost you time and money to defend - you would win, but it would end up costing you to get that win.....this is why these parasites are now targeting companies, as many will just pay to get rid of the nuisance....this is a change of tactic since the general public is getting wise to their parking scams and just ignoring them. Quote Link to comment Share on other sites More sharing options...
stephenh Posted August 2, 2012 Share Posted August 2, 2012 A landowner cannot claim compensation for trespass without proof of damage. That is the law, fact. Incidentally, a private individual or company cannot levy fines. I suggest you email or write to them politely asking what damage was done to the land in question, and for evidence of that damage. After that, just ignore them. They will be well aware of the legal position, and won't start proceedings once they have your request for this information, as it will demonstrate in a subtle way that you know your rights as well. Quote Link to comment Share on other sites More sharing options...
Vinny's Westie Posted August 2, 2012 Author Share Posted August 2, 2012 To answer some of your questions; They have an ANPR photo of the lorry clearly showing the reg. no. Phone number on side of lorry. Parked on double yellow lines, whilst waiting to access customer to load. I replied to their email stating for them to contact the driver concerned as they admit it is the driver who has caused the alleged offence, their phone call was quite forceful in saying they would pursue me and ended with 'See you in Court'. Never had so many replies so quickly, thought it was a scam and the result is super quick, thanks to the collective at WSCC. Quote Link to comment Share on other sites More sharing options...
pete g Posted August 2, 2012 Share Posted August 2, 2012 i got caught like this once . i went back and took photos of signage and sent the pictures to them explaining it was not clear enough.and i was not going to paythem. i believe they have to display clear warnings at all entrances otherwise they are breaking their conditions with the DVLA who have given them your details from your number plate. also tell the local council from who give them licience if there are more compliants hopefully they will get reported and DVLA will blacklist them. i got two letters from them and then they dropped the case. i did notice later bigger signage went up. they dont mind spending money on cameras to catch you but dont want to spend it on signs to warn you. ps i think the dvla get a nice little income from these firms giving out your details Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted August 2, 2012 Share Posted August 2, 2012 I would send it back saying you are not responsible and if they wish to take the matter to court you will defend it and claim costs. I would also ask them to clarif what the £100 is for. They cannot levy a fine so it must be for goods and/or services. I'm pretty sure you'll hear no more. It's not a scam as such, it's, well, er, no OK it's a scam. Quote Link to comment Share on other sites More sharing options...
Man On The Clapham Omnibus Posted August 2, 2012 Share Posted August 2, 2012 Honest John in the weekend Telegraph often advises on this, and sometimes suggests you should counter threaten action for harassment. Quote Link to comment Share on other sites More sharing options...
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