Parking enforcement services
For several years we have run this web site to update people on the international scam that has been operating in a car park near you .
We have provided this service free of charge and we have tried to be helpful we have asked for nothing in return but it appears that there is no cure for stupidity and ignorance.
We have of late been inundated with phone calls from people who cannot read to make it easy please refer to the points below and do not ring us , if you have paid a fine we have not received it it is not us Read Parking Enforcement Services
to do
- remove the ownership details from the car registry https://transact.nzta.govt.nz/transactions/PersonalInfoAccess/entry
- read.Parking Enforcement Services FAQ
- READ Your Parking Enforcement Service Ticket- what to do
- Read Parking Enforcement Services
- Not Pay the ticket
- do not admit to anything
- Do not ring us
- send letter .. yes you can email it the clue is in 2 and 3 above
- If you are grateful for this information make a donation
Sample letter
Dear Parking Enforcement Services.
You do not exist
You have not entered into a contract with me
I have no legal obligation to you and you cannot make a demand for money from me
I deny your claim
If you insist that there is a claim please provide all evidence in a sworn affidavit including
- your contract with the owner of the property involved.
- the full affidavit of the person issuing the ticket giving the circumstances etc of your claim including time date place and photographic evidence
I the owner of the vehicle have no legal obligation to tell you who the driver was , but when you provide full evidence of any rightful contract with the driver I will asses the situation.
Until these details are provided I dispute your claim .
Your name here
now watch this its too true
Parking enforcement services are still issuing tickets and using the same old signage. They are fraudulently alleging that there is a valid contract for breach of terms and conditions of payment . Please don’t pay .
to the left are three of the four pictures which make up the evidence for one car owner one was of the number plate which we left off and the other showed nothing but the side of the van , so how do these pictures prove anything other than that the vehicle as parked.
Using the data that has been sent in to us we have calculated that they are potentially making at least 2 million dollars a year from fraudulent tickets .
Why is it a fraud . Well the signage on the car park is issued by a trading name section 25 of the companies act sets out the use of a companies name and starts off
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.
So if signage does not bear a company name cannot create a legal obligation and any one who tries to enforce a contract when there is none does so fraudulently .
Further Wilson Parking has a constitution and the constitution states how it can enter into contracts and guess what putting a sign up with a pseudonym is not one of them .
As the owner of the vehicle you have absolutely no obligation to tell them who the driver was , if there was a valid contract it would only ever exist between the driver and the company legally capable of entering into a contract. Please be aware that in the case of tickets from police and councils there is an obligation under law for the owner to advise the identity of the driver, but that does not carry through to private parking matters .
All the money that is collected goes off shore the company record is here and shows that the company is owned by WILSON PARKING HOLDINGS PTE LTD 80 Robinson Road, #02-00, Singapore 068898 , Singapore but ultimately owned by genuine results limited Box 957 Offshore Incorporations Centre, Road Town, Tortola, British Virgin Islands.
The chances are that the tax take on this is going back to the concealed owners through franchise fees or similar .
The only real person involved in this matter and within grasp of the average Kiwi is Norman John CARTER
1/2 Renown Avenue, Greenlane, Auckland, 1051 , New Zealand, he is the husband of former city Councillor Victoria Carter .
Norm I think that it is time that you fronted up to your responsibility on this one .
several people who have used our question but don’t give any info approach have had their tickets waived we particularly like this one which started I have taken
just ask them for evidence , they cant give you any , they have to prove the matter don’t give them a cent.
We have lodged a complaint with the SFO we suggest that you do too. The commerce commission apparently is not interested as they have done nothing with our complain to them .
New Zealand one of the least corrupt countries in the world .. we let foreigners fleece the population and we turn a blind eye . Its all in the name of commerce $$$$$$$$$$$$
Prevention
Ultimately prevention is the easiest option go to https://transact.nzta.govt.nz/transactions/PersonalInfoAccess/entry and have the ownership details of your vehicle/s removed
If you are a company you cannot remove the details see Information on opting out. Companies however cannot enter into a contract except through their directors or according to their constitution . Therefore a vehicle belonging to a company cannot enter into a contract for parking and this is especially so when the other party is an undefined trading name as int eh case of Parking enforcement services.
If you have had a ticket
- Immediately take photographs of the signage in the car park and where your car is parked
- Check to see who the alleged agreement for parking is with to do this check the name of the ” organization” which alleges that there is a contract , this organization has to be an identifiable legal person . In this case parking enforcement services is not a legal person it does not disclose its identity on the majority of signage that we have seen . It does identify itself as a division of Wilson parking on the ticket but that is too late by that stage you are being accused of being in breach of a contract which is not a valid contract in the first place.
- If you have taken the prevention step above. simply screw up your ticket and file it in the nearest bin
- If you have not taken the step up above or are a company write in .. do not admit to being the driver but simply say that you wish to have evidence of the contract and how the vehicle breached it . tell the that once you have those details you will look into the matter
- You will probably get several replies to say that the ticket is valid but each time send in an email to admin@enforcementservices.co.nz the evidence that they send you will never include a start time of parking nor will it have a contract with the property owner . dispute that there is a breach of contract and you can also charge them for your administration costs. do this when thy first fail to provide evidence tell them that failing to provide conclusive evidence of a contract and persisting with the claim will incur an administration fee of …. they will accept these terms and condition by responding and failing to provide full and conclusive evidence
- You can also ask for a full affidavit of the alleged security officer who issued the ticket .
- when they finally send it to debt recovery advise the debt collection firm that the contract is disputed the claim will then disappear ,
To check what details they have on you
go to http://ebreach-gtechna.pesnz.co.nz/userportal/ticketSearch.xhtml
enter the breach number and the car rego number
They show a signature of the so called security officer and a number the number is not the registration number of the security guard .
save this page as Pdf or if you don’t know how to do that do screen shots ( control print screen ) or use the snipping tool ( windows) or equivalent in apple . Save these to your hard drive for further reference.
About Parking enforcement services Limited
Parking enforcement services Limited registered on the companies web site is not the legal person who has signage up on many car parks. We do not issue tickets or ask for payment .
We do not consent to any one using our name .
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
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?
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
Civil Justice will now be known as Parking enforcement services , the name change has been registered with the companies office our trading name will however remain as civil justice
There is a very good reason for this as we wish to draw attention to the fact that every day possibly hundreds of people are being made to pay fines by coercion through fear due threats of wheel clamping and extra penalties if they do not pay the demand. Civil Justice has decided to do something about this
If you have had a Parking breach notice from parking enforcement services then you need to k read our posts and above all DO NOT PART WITH ANY MORE $$$$$$ they have absolutely no right to your money .
There was once a company called Parking Enforcement Services Limited it existed between 13 July 2009 until 28 February 2014 when it changed its name to WILSON SECURITY NEW ZEALAND LIMITED company number 1017779
Since then it appears that PARKING ENFORCEMENT SERVICES has become a division of Wilson Parking New Zealand limited company number 487351.
This means that there is actually no legal person named Parking Enforcement Services and you actually have no idea who this is until you get a little strip of paper which looks very much like a council parking ticket .
Everything about this ticket makes you think that you have had an official parking fine but this is not the case.
Unlike council parking fines which are backed by council by laws these tickets rely on contract law and that is where it all comes unstuck .
If you have had a ticket from parking enforcement services please contact us and we will provide you with a step by step what to do next.
I the mean time you may wish to read various associated news articles You may note that in some of the articles there are officials who state that the fine is legaly binding, but circumstances changed from 28 February 2014 when Parking enforcement services ceased to be a legal person . More soon
Carpark firm Tournament defends $65 penalty
Driver’s warning after parking fee battle with Wilson Parking
Legality of parking fines questioned by lawyers after woman’s $65 fee for being 11 minutes late
Student challenges fine fee for broke-down car
Countdown customer’s toilet trip a $50 shock
Wellington parking enforcement brought back in-house by Council
Parking ticket paid – fined two minutes later
For a day at the mall, add $45 parking fine