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Parking fine shock

7:00pm Sunday 5th October 2008

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NO parking, no waiting, no turning, no picking up or dropping off.

Whatever you do, don't drive on to this service area in Poole without authorisation or you could be landed with a £176 fine.

"I don't intend to pay it. I am contesting this."

Martyn Brake

This is exactly what happened to Martyn Brake when he pulled into the Falkland Square service area off Serpentine Lane in Poole for less than one minute to drop off his wife Rocio.

He said he was "shocked" to receive a parking charge notice over a month later from AS Securi-T Limited stating he was parked illegally between 4.07pm and 4.08pm.

Mr Brake, who lives in Blandford but visits Poole regularly, said: "I just couldn't believe it. At no point did anybody come out and say No, you can't be there'.

"It is a narrow lane and it was quite congested behind me so I just pulled off the road, dropped my wife off and then carried on. At no point did I turn the engine off, let alone leave my vehicle there.

"According to the notice I was there for just one minute and they have still sent it out to me and want me to pay the £176."

Mr Brake is one of a number of motorists who have contacted the Daily Echo about the security operation of this car park.

He added: "I can understand it if I had left my car parked in there for over an hour while I went shopping.

"You are not supposed to park in there and you would just have to get on and pay it.

"But when I am sitting in my car having pulled over for a minute and then someone takes a photo of my number plate and somehow tracks me down - I think it's absolutely outrageous."

Mr Brake added: "I don't intend to pay it. I am contesting this. There are ways of beating these people."

A spokesman from AS Securi-T Limited said he was unable to comment at this time.

And a spokesman from the managing agents MB Real Estates said: "We have tenants there who need to gain access to that area for deliveries and the fire escape."

He suggested that Mr Brake should write to AS Securi-T Limited and request photographic evidence.

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Your Say YourThisisdorset

Springbournered, Bournemouth says...
7:32pm Sun 5 Oct 08

I think by law if you receive a parking ticket from a local authority it can only be valid if the ticket is attached to the vehicle! So as far as this company goes i'm unsure as to how it works. Also it has to be displayed (visually) at the scene that you will face a fine if caught parking illegally!! This chap had technically pulled over as he hadn't left his vehicle. Had a parking attendant approached him then he could politely have asked him to move on!! This is just blatant robbery.

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nonnogeppetto, boscombe east says...
7:55pm Sun 5 Oct 08

Have we gone totally bonkers? There was a time when bobbies walked around and politely told you to move on, drive a bit slower, or to be careful whilst we drive. Nowdays a box on the side of the road or a camera judges whether we are driving dangerously fast (3 miles over the speed limit!) tell us that we are illigally parked for a single minute!

Victor Meldrew would say 'I don't believe it!' Are these practices money making schemes or make us safer drivers?I believe the former and that in certain cercunstances even 30mph is far too fast. I very much hope that Mr Brake refuses to pay and tell the As Securi -Ti to use a good dose of common sense

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alumchineboy, Alum Chine says...
8:09pm Sun 5 Oct 08

Most people I know dont go shopping in Poole, this is yet another reason not to. Avoid the place like the plague.

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Dorsetman1986, Wimborne says...
8:28pm Sun 5 Oct 08

One word: Pathetic.

Law is based on a test of reasonability (is it reasonable to impose a punishment, or would this be the action of the reasonable man).

What Mr Brake did was very reasonable given the circumstances - he was not there for any longer than he needed to be and acted as a responsible motorist. What is NOT reasonable is that these AS Securi-T Limited people have imposed the fine on him, without ANY prior warning to not be there or have someone come out and tell him not to... or even use the DVLA check they did to send him a letter requesting him not to do this again.

****ing cowboys if you ask me.

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rayc, Poole says...
8:34pm Sun 5 Oct 08

This Penalty Notice has beeen issued by a private company and is different from those issued by the local authority. It is a civil matter that can only be resolved in a civil court. The eforcing company have to prove that a contract exists between the DRIVER of the vehicle and the company and that the penalty being charged is not excessive when compare to actual loss incured by the landlord. These companies are bullies and will seldom meet you in court if you take it that far.
They have to prove that a contract exists i.e. that the notices that are displayed are clear. The driver is entitled to stop and read these notices and this case, with a 1 minute stay, would be laughed out of court. Do not pay and do not ignore the charge notice. Respond denying the accusation and say you will see them in court.

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dancingdog777, Christchurch says...
8:35pm Sun 5 Oct 08

Whilst requesting photographic evidence, he should also ask AS Securi-T Limited why there was no notice visable to him informing him that there should be no stopping etc.

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rayc, Poole says...
8:41pm Sun 5 Oct 08

Go to www.consumeractiongr
oup.co.uk/forum/park
ing-traffic-offences
/122102-securi-t-rea
d-if.html
to see what crooks AS securi-t are.

Rememeber it was a Labour Government who gave the DVLC the right to give the Registered Keepers details to companies like this!

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MEA, POOLE says...
7:46am Mon 6 Oct 08

This man man did not park his car as he did not turn off his engine so therefore has not commited an offence!

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CliveL, Bournemouth says...
11:05am Mon 6 Oct 08

I had the misfortune of receiving threatening letters from AS Securi-T for about two years after an alleged parking offence in a private car park. I called their bluff and stated that I was happy to go to court as their evidence was wholly unreasonable in my opinion, and eventually they just went quiet... Don't pay them a thing and make it very clear that you don't accept their claims. As a private company their only option is to take you to court, and I really don't think they'd stand a chance in this case. Don't let the b*****ds get you down!

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sky1, Dorset says...
11:47am Mon 6 Oct 08

Unbelievable - they would probably issue a ticket for just stopping if the traffic in front stopped!

Another example of the world gone made, we are all sick of this rule, regulations & threatening behaviour - what is the world coming to!

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Miketheplumb, Poole says...
12:32pm Mon 6 Oct 08

Looking at these charges, that means every week they could earn £147840. With £176 per minute, my advice would be to park on the double yellow lines, it's cheaper.
However a question.
Given the right of way here, how much of this area is offically a footpath, and how much is their parking area, do they own the tarmac right up to the kerb, if so anybody walking along this area could be done for trespass if it's not a footpath on the highway. I would check the status of the footpath area here.

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Matt5, Poole says...
3:23pm Mon 6 Oct 08

All most of us want to do is get on with our lives and sort out all the challenges that families and work give us. And all these authorities and companies seem to do is make it more difficult. Give us a break...we are only human!

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sisyphus, Newtown says...
4:12pm Mon 6 Oct 08

To Springbournered: sorry, you're out of date, there's been a change in the law, a local authority can now issue penalty notices by post based on photographic evidence and number plate recognition. And to the others, regardless of your thoughts and experiences of AS Securi-T, Mr Brake entered private land without permission and the landlord and/or his agent is entitled to seek redress. The reason the penalties are so unreasonable is known as an "exemplary punishment" - i.e. to deter others from doing the same. Ask the tenants of this shopping parade if they object to random drivers using the facilities for which they pay a huge service charge.

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sarah, Poole says...
4:31pm Mon 6 Oct 08

I think that this is a great idea! You wouldnt like it if people kept parking outside your property and dropping people off so why do it at the back of the shops?. It is always busy round that part of the area with the car park and people parking for work. If there are signs saying that you cant park there, why do people still do it?. The signs are clearly visible but i cant understand why people still do it!!! There are plenty of other places to drop people off i.e by the train station or even closer so why dont you all drop them off there and you wont get a fine and moan about it!!

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Tim, Ferndown says...
4:38pm Mon 6 Oct 08

I regularly use this road which leads to a large multi storey car park often you have to stop to let people legally parked in the bays on the right out. If as suggested it was an offence to stop then someone stopping to let someone out of a space could get a fine. I am sorry but the chap above seems to have gone to think that because of an a statement written down is viewed in one way it is correct. The law as best as I understand has the word reasonable within it on civil issues. So would he think it is reasonable to crash into another car pulling out because it is un reasonable to stop in a no parking area. See the word "Parking" means exactly that parking.

Anyway can the above member of staff for the parking enforement company please stop canvassing.

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rayc, Poole says...
7:26pm Mon 6 Oct 08

sisyphus wrote:
To Springbournered: sorry, you're out of date, there's been a change in the law, a local authority can now issue penalty notices by post based on photographic evidence and number plate recognition. And to the others, regardless of your thoughts and experiences of AS Securi-T, Mr Brake entered private land without permission and the landlord and/or his agent is entitled to seek redress. The reason the penalties are so unreasonable is known as an "exemplary punishment" - i.e. to deter others from doing the same. Ask the tenants of this shopping parade if they object to random drivers using the facilities for which they pay a huge service charge.
This is not correct. The landlord could take the driver to court for trespass if he chose to, but he would only win if it could be proven that he had suffered loss and be compensated for that loss.
A Private Parking Notice can only be issued against the DRIVER if it can be shown that a contract exists between the two parties. A contract can be shown to exist if there are adequate notices and the driver then parks in accordance with them. The driver must be given adequate time to read the terms and conditions and then accept them by parking. If he reads them and decides to leave without parking then no contract exists.

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omegaman, Bournemouth says...
8:18pm Mon 6 Oct 08

These people are crooks and villians. If the government and the police will not protect the ordinary citizen then he must do it himself.Maybe a few people should pay AS Securi-T Limited a visit.

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Mike Pickering, Bournemouth says...
1:45am Tue 7 Oct 08

I hereby fine AS Securi-T A MILLION POUNDS for reasons I choose to keep to myself.
No - a billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion billion pounds, yeh -
And with interest, that makes a hundredty thousand thillion grillion willion zillion pounds.
Per second.

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bassmankang, poole says...
3:50pm Wed 8 Oct 08

alumchineboy wrote:
Most people I know dont go shopping in Poole, this is yet another reason not to. Avoid the place like the plague.
Totally agree - the town centre now is a shadow of what it used to be, mainly as a direct result of Poole council's policy to constantly harrass the motorist using so-called security firms like these! The same thing is now happening in Poole's suburbs. For example what was generally accepted as a "locals" free parking area in Broadstone has now been targeted by a clamping firm who leave no doubt what the result of any "unauthorised" parking will be. Pretty soon Poole town centre will "die" along with most of the small business that still survive...along with smaller suburbs and communities...all thanks to the all-seeing, all-greedy town council...!

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The voice in your head, ron_leake@hotmail.com says...
7:50pm Thu 9 Oct 08

I don't understand why anyone would want to go to Poole at all but I defend Martyn's right to do so without being bullied. I have a mental picture of the MD of ****-ecuriT wearing a tricorn hat and brandishing a pair of flintocks mounted on a black horse...

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The voice in your head, Barrack Road says...
9:10am Fri 10 Oct 08

I see that a censor has removed the word '****' from my previous post. Should I have written DONKEY or MULE or HINNY or perhaps MODERATOR ?

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Comments are closed on this article.

NO PARKING: The service area off Serpentine Lane in Poole. Picture: Corin Messer NO PARKING: The service area off Serpentine Lane in Poole. Picture: Corin Messer

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