Archive for October 2015
If you have received a parking ticket from parking enforcement services please firstly ensure that it has been issued by Parking Enforcement Services and not by council the following only applies to tickets issued by Parking enforcement services .
- legal entity -there is only one legal entity called parking enforcement services and that is us. we do not issue tickets and we do not demand any money
- On the web site pesnz.co.nz ultimately controlled by Wilson Parking New Zealand (1992) Ltd there is a FAQ page the information on this page is manifestly deceptive misleading and intentionally wrong so as to get you to pay up when there is absolutely no legal obligation for you to do so . We will address each point as follows
How do I pay my breach notice
they say 
The truth is
There is no breach you have not breached anything as there is a reliance on contract law and Parking Enforcement Services is neither a legal or natural person and cannot enter into an agreement or contract with any one.
25 Use of company name
1)A company must ensure that its name is clearly stated in—
(a)every written communication sent by, or on behalf of, the company; and
(b)every document issued or signed by, or on behalf of, the company that evidences or creates a legal obligation of the company.
the request for payment is to a fictional organisation at the worst and an undefined trading name at the best Parking enforcement services due to its lack of existence cannot demand any thing from any one.
I have lodged an appeal but have not yet received an answer by the payment due date?
they say 
The truth is
There is no breach and you have no obligations at all to parking enforcement services. technically you don’t even have to appeal as there is nothing to appeal.
When you appeal they are wasting your time
Once you receive the ticket or the communications from them by way of letter they will reveal that the company is WILSON PARKING NEW ZEALAND LIMITED
be certain to make any demand for payment from WILSON PARKING NEW ZEALAND LIMITED so that it is enforceable
In the appeal section of their web site https://www.pesnz.co.nz/go/appeals enter your ticket number and write in. You can also send an email to admin@enforcementservices.co.nz.
Do not ring them this does not provide a record of communications and you get to speak to a call center person who will not be able to help
You do not have to disclose anything to them but simply ask them for evidence as to why they consider there was a breach and could they provide evidence . In the letter advise them that failure to provide you with the full evidence will incur a $50 ( or what ever your time is worth ) charge for time wasted and costs of $.. for every appeal you have to lodge to get the full evidence . the terms and conditions of this contract are accepted by them by sending out a computer generated response and or a response which does not supply the full evidence.
Are private parking breach notices enforceable?
The truth
Yes they are enforceable provided that the contract is between two parties capable of entering into a contract . It is probably true that the concept has been upheld in the disputes tribunal but has any one ever challenged the lack of standing of parking enforcement services. To cover off this aspect please be certain that you take a photograph of the signage at the site where you were allegedly breached.
Do you issue infringement notices, fines or charge liquidated damages?
The truth
Because Parking Enforcement Services are not capable of entering into a contract they cannot sue any one as only real and legal persons can enforce contracts or enter into contracts. They cannot charge the cost of enforcement as there is no legal contract to enforce.
Are your officers trained?
The truth
Parking enforcement services cannot employ any one therefore they do not have any officers .
If you do see a person issuing tickets in car parks with Parking enforcement services signage you can approach the person and ask to see their security guard licence . If they refuse they are in breach of the act .
Do you operate under any industry related codes of practice?
The truth is
that the wheel clamping code was signed in 2012. the signatories to this were tournament parking Ltd Valley Parking Ltd and Wilson parking Ltd . again we have some identity confusion which slips in Wilson parking New Zealand Ltd company #487351 was formerly WILSON PARKING NEW ZEALAND (1992) LIMITED. Wilson Parking Limited #1039337 was struck off in 2005 as was WILSON PARKING NEW ZEALAND LIMITED #1039338 . the former Wilson parking WILSON PARKING LIMITED (from 17 Sep 1985 to 03 Oct 1991) #272793 was struck off in 1993 .
Parking enforcement services #1017779 changed it sname in Feb 2014 to WILSON SECURITY NEW ZEALAND LIMITED which is a separate legal entity to WILSON PARKING NEW ZEALAND LIMITED and is therefore not a signatory to the clamping code. its all about identity confusion .
When is parking enforced?
The truth is
parking enforcement services ( other than ourselves ) have no legal ability to enter into a contract and have no legal standing to enforce anything.
Who is responsible for paying a Parking Enforcement Notice?
The truth is
Contracts are only enforceable on the parties who enters into the contract. unless the owner of the car has a contract with the driver to accept liability then there is absolutely no way that the contract can be enforced on the owner. In tickets issued by council and Police this is different as they do not rely on contract law but rely on legislation which makes the owner responsible for fines.
this legislation however does not extend to private contract law and the owner of a vehicle is under no obligation at all for contracts which he or she was not party to .
What if I own the vehicle but I was not driving at the time of the breach?
The truth is
As above Firstly Parking enforcement services is not capable of entering into a contract , secondly they cannot sue or be sued as they are not a legal person and thirdly the oenr of he car hs no obligation to a contract to which he was not a party .
How am I supposed to know all this?
The truth is
that if you believe every thing you read then put the demanded sum in an envelope and send it off more fool you .
the reality is that this is deception at its finest We believe it is a full scale public fraud which forces people to pay up out of fear of ever growing penalties an bad credit ratings.
Crimes act 240 Obtaining by deception or causing loss by deception should be considered as a complaint against the directors of Wilson parking New Zealand for this entire venture. It is questionable that valid contracts are in place for he management of many of the areas for which tickets are issued.
Is there a File size limit on the website appeal submission form?
DONT TELL THEM ANY THING ASK ONLY FOR INFORMATION
PLEASE PROVIDE EVIDENCE
- Of the contract to …what ever car park showing that yo have the legal ability to enforce parking there .
- Evidence of a contract between two legal persons
- full affidavit from the person alleging a breach . Please note that the person issuing the ticket has no grounds for anonymity he ust supply a full affidavit providing full details of the alleged breach .
Civil justice has taken the unusual step of changing its name to expose the wide spread public fraud of Parking enforcement services .
This is how the fraud works ( we believe it is a fraud as there is no legal ability to obtain money )
Parking enforcement services is a trading name . Trading names cannot enter into a contract as a trading name could be used by any one and it is only a real or legal persons ( companies etc) which can enter into a contract .
It is on note that not one of the signs which are relied upon as a basis for a parking contract , identify a real or legal person .
Section 25 of the companies act
1)A company must ensure that its name is clearly stated in—
(a)every written communication sent by, or on behalf of, the company; and
(b)every document issued or signed by, or on behalf of, the company that evidences or creates a legal obligation of the company.
From this it obvious that the signage which is used to imply a legal contract , is not worth the paper its written on.
The other big issue is that parking enforcement services does not own the land which it is contracting out , Since it does not have any legal existence it could not own the land nor could it enter into a contract to sub contract the property or impose any conditions on it.
Its a bit like some one deciding to take control of the parking on my neighbours property. First they must have consent from the owners and secondly there has to be a valid contract with them.
Take Eden quarter for example where the ticket I had involvement with was issued
The dominion road web site clearly states
There is a large public parking area in the Eden Quarter area as well as on the side streets of bellevue Rd, Valley View Rd, Ewington Ave, Prospect Ave, Onslow Rd, Walters Rd, Bellwood Ave and Burnley Ave. In addition there is ample parking behind the Dominion Rd shops on the western side between Bellwood Ave and Walters Rd.
The signage in the car park However says that the area is controlled by Parking enforcement services.
The land does not belong to Wilson Parking New Zealand Limited . so who gave who consent to place limitation and restrictions on this car park.
Apparently your ticket can be waived if you can prove that you have consent from Eden Quarter… so who on earth is Eden quarter? Try looking it I have and guess what it is yet another undefined term.
We repeatedly asked for evidence this is what we got
I wrote in again and told them that the pictures proved nothing and then i received this photo , a photo of the rear of the car, a photo of the warrant 
so this proved that the car was wet ,warranted and had a chalk mark on the tyre at the time it was photographed which was purportedly 21.56 3 June 2015
this is not evidence of any one having entered into or breached any contract
for there to be a valid contract.
the person alleging the contract must show that they are a legal or natural person have the ability to enter into a contract for what they are alleging to contract out.
They must show when you were parked from and to .
That you parked in breach of the alleged agreement.
The person who makes the statement must be identified and able to give evidence of what they saw.
There cannot be a contract between the owner of the car and the person administering the car park if the owner was not present when the vehicle entered the car park .
The owner of the car has no legal obligation to the car park enforcers to identify the driver.
What to do if parking enforcement services gives you a ticket
Use the on line form to request evidence.
You do not have to give them an explanation. he who asserts must prove.
Get them to prove that they have a contract and that the vehicle was parked contrary to the contract.
tell them that if you get one more automated response and no human intervention that you will automatically charge them $x amount for wasting your time and that these terms and conditions are accepted by them sending out another automated letter.
When they threaten credit agencies advise the that the matter is still in dispute and that by sending this to a credit agency they agree to pay you $x for sending it off while the matter is in dispute.
when you get the credit agencies letter advise them that the matter is in dispute
You will find that that will be the end of the matter .
Why it happens.
It is all about economic measures by having a computer spit out standard letters rejecting your objection people will give up and pay up.
by threatening more costs and credit agencies people fear that they will get a bad credit report and pay up.
People treat these tickets the same as council parking tickets they are not these are from a privale organisation which does not identify itself .
PLEASE BE CERTAIN THAT YOUR TICKET IS FROM PARKING ENFORCEMENT SERVICES. IF IT FROM THE COUNCIL OR THE POLICE THEN NONE OF THE ABOVE APPLY AS THEY HAVE LEGISLATION WHICH SUPPORTS THEIR ENFORCEMENT.
PARKING ENFORCEMENT SERVICES LIMITED ONLY EXISTS AS THE COMPANY WE ARE AND WE DO NOT ISSUE TICKETS
Other action
Make a complaint to t he police and to the commerce commission you can be part of a combined complaint by sending your details , a photo of the car park sign a brief outline and a copy of your ticket to Grace@verisure.co.nz