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

 

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