Archive for October 2015

Parking enforcement services scamIf 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 .

  1. 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
  2. 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 Parking enforcement services 1

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 Parking enforcement services 2

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?

Parking enforcement services 3

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?

Parking enforcement services 4

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?

Parking enforcement services 5

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?

Parking enforcement services 6

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?

Parking enforcement services 7

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?

Parking enforcement services 8

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?

Parking enforcement services 9

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?

Parking enforcement services 10

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?

Parking enforcement services 11

DONT TELL THEM ANY THING  ASK ONLY FOR INFORMATION

PLEASE PROVIDE EVIDENCE

  1. Of the contract to  …what ever car park showing that yo have the legal ability to  enforce parking there .
  2. Evidence of a contract between two legal  persons
  3. 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 .

 

IMG_20150618_135509Civil 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

 carpark picture carpark2 sign  count down fence carparksign 2

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  car

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