A Brighton Boy Blogs

I wanted to like it, I really did. But Windows 8 promised much and delivered only disappointment. Windows 7 is much better, and is going back on all my PCs.

Here’s the new features of Windows 8:

1. A confusing start menu
2. The inability to perform a single search across all documents, and data stored in Outlook and OneNote.
3. Faster startup

In other words, Microsoft is inviting its users to:

1. Spend money on a new operating system
2. Spend time and money installing a new operating system
3. Wave bye-bye to a remarkably useful piece of business functionality, thus making one’s working life less efficient

No thanks, Microsoft. Seriously, it’s OK. You do it if you want to, I’ll just stick with this much more useful set of stuff you used to offer me, when you appeared to care how efficiently I worked.

And what does Microsoft have to say on the matter? Essentially this… “people didn’t use it, so we removed it”.

So much for intelligence… in both senses of the word.

For anyone fighting an unfair, unjustified or illegal PCN from Brighton & Hove City Council’s illustrious parking department, you may be interested to know that my appeal with the Parking Tribunal (now properly named the Traffic Penalty Tribunal) won by default because the Council didn’t even bother to present any evidence to the Tribunal.

Mine was a case of being accused of parking in a loading bay at 06:30 in the morning whilst not loading, whereas in fact I was loading – see also the original posts Testing the Parking Tribunal and Brighton & Hove Parking – criminal racket in disguise

So… you park in a car park where there are no clear signs of how you should pay or how much you should pay, or indeed to whom you should pay it. Then you get a threatening letter some time later charging a fine for “illegal” parking. Then the debt collector’s letters start, then the solicitor’s letters, and ultimately the threatening, intimidating phone calls. I bet the majority of you will just pay up. And I’m not being sexist here, but most of the people who pay up will be female – they’re just so easy for these telephone debt collectors to intimidate. That’s the reason this racket continues to grow into a multi-million pound business.

I had just such a run-in with Meteor Parking at Brighton Station car park. Visit the car park and you’ll see entry and exit barrier machines all wrapped up in plastic with their barriers removed, as if they’re now disused, which in fact they are. You’ll see cameras dotted about. But until recently you wouldn’t have seen clear signage that says whose car park this is, how much it costs and displaying clear terms and conditions, and it’s debateable whether they’re clear even now. Even if you did see such things, merely parking in the car park would not represent a clear breach of contract – because under UK law you cannot unwittingly enter into any contract, or be tricked into entering into one.

So when you get the “fine”, be very clear in your mind. Though it’s made to look threatening, and as similar as possible to something from the Police or government, that’s just the first part of the process of intimidation. It’s not a fine. A fine can only be levied by an organisation authorised by statute, that is when a law has been passed or a license granted by government to collect such a fine. Meteor Parking is not. Nor are a whole host of other parking companies (Park Direct Ltd, TCP, UK Parking Control, Euro Car Parks etc) which have sprung up over the past 20 years. All they can do is issue you with an invoice, and even then it’s fraudulent if there’s not a clear contract that you’ve entered into with your full knowledge.

So let’s turn to the debt collectors – Roxburghe – well, apart from sending a threatening letter or two, they were pretty ineffectual. The worrying one is “Graham White Solicitors”. Check their records. They have one solicitor listed – one Michael David Sobell, who was admitted as a solicitor in 1962 – http://www.lawsociety.org.uk/choosingandusing/findasolicitor/view=solicitordetails.law?id=183218&orgid=272121&searchType=L. But you’ll never hear from him… instead you get letters threatening you, intimidating you, and even adding extra charges from nowhere for “administration” or “costs”. Then you get calls – several per week – what sounds like and is clearly a busy call centre, staffed by rather cocky, pushy chaps claiming to represent Graham White Solicitors who will desperately try to justify their attempts to get you to pay up with a credit card over the phone. These are not solicitors – nor paralegals – nor legal secretaries. These are just call centre debt collectors. They quote laws that don’t exist. They claim powers for authorities who either don’t exist or who have no such powers (like the British Parking Association who, it was claimed, have the power to license or shut down ANY car park in the UK – which they don’t – they’re just a professional association). They say you’ve parked “illegally”, which suggests that you’re in breach of some sort of parking control legislation – but at the most it’s a minor breach of an implicit, assumed contract. They will threaten your credit rating. They will threaten civil litigation, small claims court, county court judgements (CCJs) – anything they can use to worry you into paying. One complete idiot even mentioned getting points on my driving license if I didn’t pay up! Eventually they’ll even start offering you discounts if you pay right now – bit desperate, eh? They really don’t like it when you actually know more than they do – which generally isn’t hard, if you’ve done your research. Several times they’ve lost their temper and put the phone down on me.

Feeling alone? Don’t. Look here…  http://forums.moneysavingexpert.com/showthread.php?t=2329119&page=1 - and see that there are lots of people in the same position. Let’s use some logic for a moment – through all this I have been in contact with a whole host of people employed solely to collect money on a rather dodgy principle of law. If this wasn’t a huge money-making enterprise, how on earth could they afford all this? Go-Ahead sold Meteor Parking to Vinci Park Services in September 2010 for a whopping £11M. Then there’s Graham White Solicitors – all those employees, all that effort. And so much desperation in their tactics. So please don’t be intimidated into paying if you don’t think you should.

Oh, and… this is to the Law Society, the Solicitors Regulation Authority and the Legal Ombudsman. If you’re fed up with your noble profession being viewed in a negative light; if you’d like to be seen by the public as an honourable, trustworthy profession… well, you know what to do. Regulate your solicitors. Put your house in order.

N.B. The firm Graham White Solicitors mentioned in this article is Graham White Solicitors of Manor House, Lavender Park Road, West Byfleet, KT14 6ND, tel 01932 332 020, fax 01932 352 617 specialising in Civil Litigation, Commercial Property, Landlord and Tenant and is wholly unrelated to Graham White & Co of Bushey, Herts.

Update, February 2012: For more than six months I’ve heard nothing more from Roxburghe or Graham White Solicitors, or indeed Meteor Parking. Today I sent an email to The Law Society, because I know if I was leading a professional body like the Law Society, I’d be pretty damned annoyed about someone taking the good name of the profession in vain like the so-called “Graham White Solicitors”.

Update, October 2012: The law has changed where parking on private land is concerned. There’s a very good summary on The AA’s private parking page.

This unadvertised special offer from Brighton & Hove City Council occurred on… yes you guessed it, April 1st. So how many others received PCNs (Penalty Charge Notices) erroneously? How much has it all cost to sort out?

Just to explain, for some reason some Brighton parking ticket machines were issuing one-hour tickets when they should have been issuing two-hour tickets. Yes it’s all so easy to sort out, but why should I have to spend my valuable time sorting out yet another Brighton & Hove City Council bureaucratic cock-up? It might help if they employed Parking Wardens with brains… sorry, “Civil Enforcement Officers”.

Oh dear, now I’ll probably be chastised & hated for insulting council workers… but let’s face it, it doesn’t take much brain power to work out that a parking machine saying “£3 for up to 2 hours” and a parking ticket saying £3 paid for 13:12 to 14:12 means that no PCN should have been issued in the first place!

When an airline destroys your suitcase on your outbound flight, you’d like to expect that they’d be not only apologetic but also perhaps actively help you find a replacement for the journey home. Alas in Monarch’s case they failed on every step of the way to customer service satisfaction.

We reported the completely smashed International Traveller hard-shell suitcase at Grenoble Airport, where we did the necessary paperwork and were told we’d have to contact Monarch within seven days in order to claim compensation. That meant we’d have to do it while we were in France. The suitcase was unsalvageable so we’d also have to source a replacement whilst in the ski resort of La Plagne, where it’s easy to find ski or snowboarding stuff but incredibly hard (and expensive) to get items such as suitcases.

So, during the week we took time out from what we were meant to be doing on a skiing holiday to talk to Monarch about the claim and find a new suitcase. All we had was mobile phone, so at our great cost we called Monarch and held on listening to some of the most expensive hold-music ever created, before speaking to a lady who took all our details and offered us a measly £45 compensation. As I said, it’s incredibly hard finding something so mundane as a suitcase in a skiing resort with village/small town facilities and a single-minded focus on snow sports. On the third trip around the shops my girlfriend managed to find a large Ripcurl bag for €130, which at the time was near enough £130 – leaving us with a whopping £85 shortfall on a new bag which we were only buying because our suitcase had been smashed by people working on behalf of Monarch Airlines. Oh, and nothing to say sorry for all the time wasted, skiing missed and roaming phone costs endured.

Around 10 days after we returned, the cheque for £45 turned up in the post along with a letter that was full of empty apologetic platitudes which had exactly the same effect as if they’d included a hand-scribbled note saying “sod off and don’t waste our time in future”. Completely meaningless, corporate waffle, devoid of any real conviction, and rendered meaningless by the accompanying derisory compensation. All of which leads me to the unescapable conclusion that Monarch Airlines doesn’t actually care about its customers at all, and in a cut-throat and competitive market place, that is surely a rather stupid attitude to have.

I’m finally turning away from Royal Mail for most of my business carriage. I’ve tried to remain loyal, after all it’s one of those Great British Institutions, isn’t it? But when it’s this painful, you’ve got to wonder… are Royal Mail management really trying to commit commercial suicide? It certainly looks that way from here.

We have been using Royal Mail Smartstamp to prepay and locally print postage labels. It’s an imperfect solution, particularly for tracked services like “signed for” (or recorded delivery as it used to be known) and “special delivery”. Those services have to be completed at a post office where most of the staff either don’t know how to handle them or really can’t be bothered. That’s if you can find a post office that’s open when you need to post something. Many were closed in major cuts during 2008. I went to four of them one Wednesday afternoon & found all closed. All are in roads with parking problems and not at all easy to use. On my fifth attempt on the following day I was told my package was too big for their window & should be taken to a main post office. So not wanting to give up before the sixth attempt I went to the nearest main post office only to be told that my item was 11cm too big to be sent as a signed-for item. And still my customer is waiting.

Part of the problem seems to stem from the split of the Post Office from Royal Mail years ago. It created a complete disconnection between the two halves of the process. Neither really knows what the other half is doing, or cares about the customers caught between the two halves.

So it’s off to a courier company for me, and RIP Royal Mail, once it finally breathes its last and dies.

Since we decided to leave Esporta Brighton, we’ve had no end of threatening behaviour from the company and its debt collector ARC Europe. This isn’t anything unusual, they’ve done it to lots of people – just try a Google search.

Esporta’s membership contract says that they can terminate a membership with one month’s notice, but that a member cancelling their membership must give three months notice – paid, of course. So when someone like me wants to leave because the facilities are poorly maintained and the club just isn’t up to scratch, they try to enforce this contact term. However, there is a piece of legislation called the Unfair Contract Terms Act 1977 which companies like Esporta should be rather wary of when they ask their lawyers to draft their contacts. Used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999, one can essentially ask a court of law to review a contract term, and if found to be unfair, the entire clause is struck from the contract. With nothing to replace it, standard UK trading laws take over and there’s nothing the company can do; with no fair cancellation clause in place, they’re not entitled to a penny.

Esporta’s contact terms relating to notice periods have already been ruled unfair by the Office of Fair Trading (see http://www.oft.gov.uk/advice_and_resources/resource_base/consumer-regulations/traders/790/1/), along with quite a lot besides. This ruling would be taken into account by the courts in any case involving Esporta’s membership contracts. This means that nobody should be paying Esporta three months’ fees upon notice of cancellation. Unfortunately a lot of people give way to bullying from the company and its debt collectors. Why is this allowed to happen? Unfortunately a contract is only of any use when tested in a court of law. Since most people shudder at the thought of being taken to court by a big powerful company, most people just give in and pay up. It’s important not to give in, and to fight your corner, because that’s the only way companies like Esporta will be stopped.

Unfortunately this wasn’t all in our case. ARC Europe obtained copies of the contracts my girlfriend and I allegedly signed, and sent them through to us by way of a “now get out of that one” threat. To be honest, I didn’t remember signing a contract, so I was surprised they had a signed one to send me. Upon examination however, it wasn’t my signature. My girlfriend had signed, but I hadn’t. In place of my signature was a very poor forgery in the same handwriting style as that of the Esporta employee who had signed on behalf of the company.

Just to be clear about this, forging a signature on a contract is criminal fraud under UK law. Are Esporta really that desperate? Apparently the answer is yes.

April 2010 Update: lots of letters & phone calls received from ARC Europe (culminating in a threat of solicitors & legal action) & subsequently ScotCall – threatening doorstep collections – and then numerous phone calls from a call centre asking for payment and offering substantial discounts if we give them a card payment over the phone… and all addressed to my partner, not me. This is no doubt because she’s female and relatively young, and therefore seen as the easy target by the bully boys. Indeed she may have got scared & paid up anyway if I hadn’t been around. Finally, a Final Demand letter from ScotCall – saying that the balance remains unpaid despite their correspondence and that they have no choice but to… return the case to Esporta with a recommendation that they take further action. I’ll keep you posted of any further developments. Let me know if you’re also being harassed for money by Esporta & its cronies on the basis of an unfair contract.

Just a quick public information notice: Belkin makes the most unreliable, poorly designed, unmitigated rubbish in the world. It’s true. I have owned several items by Belkin, none of which has ever worked properly, and have always given them the benefit of the doubt. But the Belkin Vision N1 router is the last Belkin device I shall ever own. It crashes all the time and I can’t keep a wireless connection for more than 20 minutes or so before it overheats and freezes. They can have it back through their office windows for all I care. I should sue for the amount of lost time and stress Belkin has caused me. None of their products work properly, or at least work for long. The USB hubs regularly need to be unplugged from the mains and reconnected just so they recognise the devices plugged into them. If it says Belkin, just don’t go there. Please. Perhaps then Belkin will actually take notice and produce something decent for once. Companies like this just don’t deserve to exist.

Sometimes I get great service from a company and I’ll write about it. When I find serious fault with a company, I tend to report it on here too. If that company demonstrably puts things right, I tend to report that as well. Alas, that doesn’t happen very often. But recently I had a call from Mr John Collins, Managing Director of Kafevend Group Ltd who claimed that my previous report on Kafevend – an incident involving criminal fraud on the part of Kafevend’s sales staff – had been fully investigated and dealt with. So I allowed Mr Collins to come and tell me the story.

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15th September 2008: It was a Monday evening in Brighton, it was getting late for dinner, and we fancied sushi. Moshi Moshi would have been our usual destination, but being closed on Mondays we remembered YO! Sushi in Jubilee Street and decided to give it a try. Perhaps a little glimpse at the competition might prove eye-opening.

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