CPS UK/Gladstones PCN Claimform - Spring Street, on 02/03/2022 ***Claim Discontinued***

[FTMDave]

I've made some suggested changes in red -

 

Dear Sir or Madam,

 

I am writing to you because I am currently involved in an ongoing court case with one of your clients and you are co-signers of the contract I will be bringing up in court. The contract is regarding Spring Street car park in Hull. The contract has been signed by yourself and Complete Parking Services Ltd.

 

As of January 2022, Complete Parking Services Ltd (Company number 11229186) are a dissolved company. However, a separate company under the name of Complete Parking Services (CPSUK) Ltd (Company number 10212042) are claiming they have a contract with Ferensway Hotels Ltd and are claiming money from motorists and indeed suing them. 

 

I am being taken to court by Complete Parking Services (CPSUK) Ltd. This is a totally different company from that shown on the contract, and I do plan to show a judge this contract. I believe this may bring unwanted publicity to Ferensway Hotels Ltd as other motorists will be liable to bring claims against Complete Parking Services (CPSUK) Ltd as they have defrauded money from them with no contract in place that allows them to do so.  

 

I will also be contracting the DVLA as this is a breach of Government data protection rules.  

 

I have also confirmed with Hull City council that there have been no planning permission applications for the car park or the erection of the parking company's signs, poles, ticket machine or ANPR cameras-which is a criminal offence under the Town and Country [Control of Advertisements] Regulations 2007. This has now been passed to their Enforcement Team. Your company, albeit unwittingly, is involved in criminal conduct. The promises given by the parking company in the contract and on their website that they would obtain planning permission are patently untrue. 

 

An obvious step for me would be to add your company as a Third Party to the legal proceedings. However, may I be so bold as to advise consulting with CPS to cancel the ticket as this is a serious matter and a halt to the proceedings would avoid unpleasantness all round.

 

Edited November 21, 2022 by FTMDave
Edited for accuracy

[FTMDave]

10 hours ago, FTMDave said:

It's between the hotel company and JS Management and Consultancy Services Ltd but signed by representatives of a completely different company, Complete Parking Services Ltd.

I was wrong here.  Both names are of the same company.  The retards changed the name in October 2018.  Scroll to the bottom at  https://find-and-update.company-information.service.gov.uk/company/10212042

 

[TS6014]

Thanks dave i appreciate that. 

 

a bit confusing regarding the different names and dissolved companys mind. 

[FTMDave]

Yeah, I got a headache working it out!

[TS6014]

so JS Management and Consultancy Services Ltd changed their name to CPS UK and are still active but its complete parking services limited who are dissolved are at the bottom of the contract and signed it ? 

 

headache indeed 

[FTMDave]

Good grief, it's worse than I thought.  It seems I got it right then thought I'd got it wrong but now realise I'd got it right.  Zzzzz ...

 

The contract is between the hotel firm and JD Management & Consultancy Services Ltd (10212042).  Bizarrely it's signed by directors of a completely different company, Complete Parking Services Ltd (11229186).  That is the problem with the contract which will be brought up in court (if it gets that far) and should be mentioned in the letters.  The letters will have to be tweaked tomorrow when we're all more awake!

 

The Chuckle Brothers changed the name of JD Management & Consultancy Services Ltd (10212042) on 26 October 2018 to Complete Parking Services (CPSUK) Ltd (still 10212042).

 

So the original company that signed the contract, and which are suing you, still exist, albeit with a different name.

 

The big problem for them is that the contract was signed by directors of a completely different company, Complete Parking Services Ltd (11229186), which were dissolved in January.

 

https://find-and-update.company-information.service.gov.uk/company/10212042

 

https://find-and-update.company-information.service.gov.uk/company/11229186

 

The other goodie in the contract is that the hotel company get £10 for every PCN (clause 14) so there're involved in the scam too and are fair game for legal threats.

 

More the morrow.

 

[FTMDave]

As the hotel company are involved in the scam, I would suggest the following.  See what the other regulars suggest tomorrow -

 

Dear Sir or Madam, 

 

I am writing to you because I am currently involved in an ongoing court case with one of your clients and you are co-signers of the contract I will be bringing up in court. 

 

The contract regards Spring Street car park in Hull.  The contract was agreed  by yourself and JD Management & Consultancy Services Ltd (company no. 10212042) although bizarrely it is signed by representatives of a completely different company, Complete Parking Services Ltd (company no. 11229186) which makes it completely legally invalid.  The latter company dissolved in January this year.  I attach a copy of the contract.

 

I also note that clause 14 of the contract states that you take £10 of every speculative invoice that the parking company issues during the scam you have going on, which makes your company an integral part of the legal dispute.  I intend to add your company as a Third Party to the claim.

 

I will also be contacting the DVLA as this is a breach of government data protection rules.  

 

Your company has also been involved in criminal conduct.  Hull City Council have confirmed that there have been no planning permission applications for the erection of the parking company's signs, poles, ticket machine or ANPR cameras.  This is a criminal offence under the Town and Country [Control of Advertisements] Regulations 2007. The matter has now been passed to their Enforcement Team.  I have so far only cited the parking company's name to the Enforcement Team, not your company's.  So far.  I attach the e-mail from Hull City Council that shows enforcement action has begun.

 

Your partners in the scam, JD Management & Consultancy Services Ltd, have told you porkies in the contract and on their website that they would obtain planning permission.  The reality is that they have not raised their little finger to make the tiniest effort to follow the law. 

 

May I be so bold as to advise consulting with Kev and Jamie, the directors of JD Management & Consultancy Services Ltd, to discontinue court proceedings, as this is a serious matter involving the committing of crimes and a halt to the proceedings would avoid unpleasantness all round.

[lookinforinfo]

Dave I think your letter is a little over the top. We are not after the hotel group but CPS [UK]ltd and we would like the PCN to be cancelled by the hotel who may have no idea that CPS ltd and CPS [uk] Ltd are totally different companies albeit two of the directors are directors of both companies.

JS Management have pulled a stunt on the hotel and on motorists. We do not know who actually signed the contract for CPS but it could not have been done by JS management under the guise of CPS [UK} because that company  had not been formed then. But as these are two different companies they are not interchangeable just because they share the same directors. 

 

 

@FTMDave  "So the original company that signed the contract, and which are suing you, still exist, albeit with a different name."

No the original company did not sign the contract. It may have been a director of JS Consultancy  who signed but if it was signed by  a director it was signed by a director from CPS ltd as CPS [UK] ltd did not come into existence for more than a week later.

 

The company that is pursuing TS6014 is not the company with which Ferenham have a contract with. The parking company knows that but as it appears to be a fraudulent scheme they probably wouldn't have wanted the hotel company to know. 

 

So to get the ball rolling a nice letter to the hotel to get the PCN cancelled followed by breaches of GDPR etc etc to follow would seem a better way to play it. if we want to get it all out in public then go all the way to Court and keep quiet at the moment. Decision for TS.

 

 

[brassnecked]

makes sense LFI don't drag the hotel in if it can be avoided.

[TS6014]

So do you guys think my original letter is okay to send? 

[FTMDave]

9 hours ago, lookinforinfo said:

Dave I think your letter is a little over the top. We are not after the hotel group

This is exactly what I was hoping for, the opinion of the other regulars on the forum.

 

OK, tone the letter down for now.  However, if the hotel company won't play ball - let's hope they do play ball - it should be remembered that they too are receiving money from every PCN.

 

9 hours ago, lookinforinfo said:

No the original company did not sign the contract. It may have been a director of JS Consultancy  who signed but if it was signed by  a director it was signed by a director from CPS ltd as CPS [UK] ltd did not come into existence for more than a week later.

Yes, I worded that wrongly, the contract is between Ferensway Hotels Ltd and JD Management & Consultancy Services Ltd (company no. 10212042) although it is signed by representatives of a completely different company, Complete Parking Services Ltd (company no. 11229186)

 

9 hours ago, lookinforinfo said:

The company that is pursuing TS6014 is not the company with which Ferenham have a contract with.

I don't think it's as simple as that.  In the first lines of the contract it is stated that the contract is with JD Management & Consultancy Services Ltd (10212042) who 26 October 2018 changed their name to Complete Parking Services (CPSUK) Ltd (still 10212042), and this is the company that is suing the OP.

 

Edited November 21, 2022 by FTMDave
Typo

[Nicky Boy]

Sorry my suggestion opened such a large can of worms guys.

[FTMDave]

Not all all.

 

We are get things wrong.

 

Plus it's good to have a discussion from time to time about the best way to proceed.

[brassnecked]

no problem its always worth looking at other angles.

[lookinforinfo]

The contract must surely be with the parties who signed it.

It cannot be JD Management because the contract is in the name of CPS Ltd.. it cannot be in the name of CPS (UK) Ltd because that company was not in existence then.

So all motorists who have been pursued for breaching the contract by CPS (UK) Ltd need not have paid.

Not should TS .

We do not know if the mix-up over the company names was deliberate or an honest mistake. Not whether the hotel knew about it. All I do know is that CPS (UK,) Ltd do not have a contract with the hotel so they have breached the GDPR of TS.

How they want to play it is up to them

 

[TS6014]

So I will send my original letter asking them to drop the case then if you guys think that's okay

[FTMDave]

Yes, use the version 15 posts above yours.  I've edited it for accuracy.

[lookinforinfo]

5 hours ago, Nicky Boy said:

Sorry my suggestion opened such a large can of worms guys.

Not at all. I  don't think I would have picked that up and the contract is what will mean TS will get off regardless if everything else is 100% with their case.

[Nicky Boy]

Glad you feel that way because I'm just trying to get my head around something for a suggestion on another thread...

Loadsa ways to flay a feline.

[TS6014]

Will print and send it tomorrow then guys thanks a lot. Let's hope a judge sees it the same way we do 

[TS6014]

Not sure if it'll do any good however today I reported CPS limited to The Insolvency Service. They said they'll get back to me within 15 days. 

[TS6014]

I also emailed the DVLA to ask if they was aware that CPSUK don't have a contract to request the details of drivers and they replied this. 

 

Thank you for your further correspondence and for sight of the Landowner agreement. I can confirm that the DVLA received a request for the registered keeper for vehicle registration number "Xxxxx" from Complete Parking Services (CPS UK) Limited. This parking company are currently recorded as ‘Active’ on the Companies House website and were incorporated in 2016.

 

It is not the remit of the DVLA to confirm the authenticity of any documents that this company holds. I can therefore only suggest that if you feel that Complete Parking Services (CPS UK) Limited have not adhered to the code of practice of the International Parking Community Ltd (IPC) that you contact them to allow them to investigate. 

 

I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team. I have provided a link to our complaints procedure for your reference:

[lookinforinfo]

Instead of writing to Ferensway you might be better writing to {CPSUK} ltd advising them that they have no contract with Ferensway  since the contract was signed by Complete Parking Services and so they have breached your GDPR. 

You suggest that to avoid looking stupid in Court plus raising the possibility of motorists claiming their money back that they  cancel your PCN.

 

I was going to say that you would also be pursuing them for £750 for breaching your GDPR but on reflection i  waiting for their reaction to your letter. because the signatures on the contract were redacted we do not know who signed it  may be a safer way of doing it.

 

Once you have confirmation of their intentions you can plan your own play accordingly.

 

 

[TS6014]

I did already send a letter to ferensway. Still waiting on a reply from them. I will write to CPSUK as well. Hopefully I will get a response. 

[TS6014]

Still heard nothing back from Ferensway Hotels. Can’t even find a number to call them either or anything else.