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