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Independent Appeals Service
long un
post Wed, 12 Sep 2018 - 11:04
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Hello.

Please accept my apologies if this is going over old ground but my head is hurtling looking through the old posts.

I recently appealed against a VCS parking charge notice on behalf of one of my drivers. Today we received the inevitable rejection.

The letter states.

"The signs in the car park make it clear that the land is private property and that a charge of £100 will be levied if vehicles park outside of the Terms and Conditions displayed."

It then goes on to direct me to The Independent Appeals Services if i believe the decision incorrect.

Firstly, the vehicle in question was a 44t Articulated low loader that was dropping off asphalt paving equipment to a major development on the industrial estate that the road is situated on. He was on the main road, not in a car park. he had recently unloaded the plant and was on site at the time.

My wording on the VCS appeal was as follows.

"Please note that the above reason is not correct but your drop down box did not offer an option that suited the reason for parking and i was unable to continue the appeal without picking an option. Maybe you could include a reason that says "other" to assist people using this facility.

The above vehicle was parked as shown in the pictures as it was servicing the new development to the emediate left of where it was parked. I recently unloaded tarmacadam surfacing equipment and dropped them on site. As you can see in the photos, the vehicles is 50' long and 44t gross weight therefor I was unable to unload in a car park. The vehicle was parked on a wide and quiet road with no obstruction to vehicles using the road. With this in mind i would ask that you accept this appeal."

The pictures of the vehicle clearly show the site hordings to the nearside of the vehicle.

The second and main reason for this post is the Independent Appeals Services part. Whenever we have appealed in the past it has been to Popla and all appeals have been succesfull. Seeing a different appeals service rang alarm bells and looking at the various things i have read online i'm guessing the IAS are a bit one sided.



What is the best way to proceed with this? Thanks in advance for any advice offered and once again, apologies if this is accessible elsewhere and i've missed it.

Cheers

Mark







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post Wed, 12 Sep 2018 - 11:04
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ohnoes
post Wed, 12 Sep 2018 - 11:06
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Do not appeal to the IAS.

This post has been edited by ohnoes: Wed, 12 Sep 2018 - 11:07


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ostell
post Wed, 12 Sep 2018 - 11:09
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Normally suggested that you do not appeal to the IAS as they will reject.

Have you found out the status of the road? Contact the local council and see if the road is adopted. The information will probably be on a web page.
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long un
post Wed, 12 Sep 2018 - 14:59
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As far as i am aware the road is privately owned. There is a huge ongoing development on the estate, we are a contractor on the development.
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MatchlessG80
post Wed, 12 Sep 2018 - 15:22
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So, theoretically (according to whatever signage is on site). there must be the possibility of paying VCS for the privilege of parking where your lorry was parked (or obtaining 'permission' from them to park - if not I don't see how any possible contact could be formed? If you were delivering 5 tonnes of bricks would VCS expect you to take them in wheelbarrow loads to the site from some place where it is possible to park? They might, but not in any normal universe. The fact that the vehicle could only unload practically by stopping where it did suggests a key difference to a car being parked there because its occupants were too lazy to walk. VCS seem particularly weak on signs and the contractual basis of their claims. Not that it stops them ...
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long un
post Wed, 12 Sep 2018 - 15:46
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If my it skills aren't as bad as i think they are, this is the signage on the road. The contravention reason is: Parked in a restricted/prohibited area.

The wagon was parked on double yellows to unload.



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Eljayjay
post Wed, 12 Sep 2018 - 16:50
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That is a forbidding sign.

The parking operator cannot say "No parking... " and then in the next breath offer parking.
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freddy1
post Wed, 12 Sep 2018 - 19:40
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who hired VCS , the same company that employed you to deliver? , contact the person or company that hired VCS and get them to intervene , you and your colleagues could shut the site down if you asked other drivers of the problem
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Churchmouse
post Wed, 12 Sep 2018 - 22:19
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QUOTE (Eljayjay @ Wed, 12 Sep 2018 - 17:50) *
That is a forbidding sign.

The parking operator cannot say "No parking... " and then in the next breath offer parking.

They appear to be offering a contract not to park (or wait). Interesting idea, but I think the main problem is that they are not offering anything to the driver that would qualify as "consideration" for the driver's promise to pay the charge.

--Churchmouse
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long un
post Thu, 13 Sep 2018 - 13:56
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Thanks for the advice. I'll sit on it and see what comes next.

Cheers

Mark
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Eljayjay
post Thu, 13 Sep 2018 - 15:45
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Whatever you do, do not ignore a letter of/before action/claim.
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long un
post Mon, 12 Nov 2018 - 13:29
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QUOTE (Eljayjay @ Thu, 13 Sep 2018 - 16:45) *
Whatever you do, do not ignore a letter of/before action/claim.





"Letter before claim" has arrived. Is now the time to pay up?

There is an outside chance i can still get a letter from the land owner stating we had permision to park here whilst delivering. would this change things at this stage?

Thanks

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Redivi
post Mon, 12 Nov 2018 - 13:55
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Letter before claim" has arrived. Is now the time to pay up?

No; it's the time to tell BWLegal? that :

1 the vehicle was parked with the landowner's permission
2 you don't believe VCS has paid them £60 and, even if it has, the charge can't be recovered in the Small Claims Court

BWL, by the way, hasn't seen any of the VCS paperwork and has no idea what this concerns

This post has been edited by Redivi: Mon, 12 Nov 2018 - 13:56
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long un
post Mon, 12 Nov 2018 - 14:17
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QUOTE (Redivi @ Mon, 12 Nov 2018 - 13:55) *
Letter before claim" has arrived. Is now the time to pay up? No; it's the time to tell BWLegal? that : 1 the vehicle was parked with the landowner's permission 2 you don't believe VCS has paid them £60 and, even if it has, the charge can't be recovered in the Small Claims Court BWL, by the way, hasn't seen any of the VCS paperwork and has no idea what this concerns





Thanks Redivi

Excuse my ignorance but who are BW Legal?

It is not guaranteed i can obtain a letter stating i had permission to park by the land owner yet.

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Jlc
post Mon, 12 Nov 2018 - 14:18
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It's their usual solicitors but perhaps they've gone it alone...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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long un
post Mon, 12 Nov 2018 - 14:20
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Would it help if i posted a copy of the letter?
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nosferatu1001
post Mon, 12 Nov 2018 - 14:24
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Well, you could tell us who the letter is from, if it isnt BW Legal.

Or just post it anyway!

You dont need the letter, and I would suggest the longe you wait to ask, the lower your chances. So ask now.
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long un
post Mon, 12 Nov 2018 - 14:38
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QUOTE (nosferatu1001 @ Mon, 12 Nov 2018 - 14:24) *
Well, you could tell us who the letter is from, if it isnt BW Legal. Or just post it anyway! You dont need the letter, and I would suggest the longe you wait to ask, the lower your chances. So ask now.





The letter is from VCS and states on page 2 that all correspondence is to be addressed to Litigation and Debt Deparetment, Vehicle Control Services Limited.

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nosferatu1001
post Mon, 12 Nov 2018 - 14:49
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Menaing it is VCS going it alone.
Theyre even less likely to give up BUT theyre even less competent at it than BW Legal.
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SchoolRunMum
post Mon, 12 Nov 2018 - 21:33
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Loads fo VCS claims on here and on MSE for you to read, all beatable.

At this stage you need to respond and reiterate why you are not liable and why there was no contravention:

QUOTE
the vehicle in question was a 44t Articulated low loader that was dropping off asphalt paving equipment to a major development on the industrial estate that the road is situated on. He was on the main road, not in a car park. he had recently unloaded the plant and was on site at the time.


Are you replying as an individual, or as the company that owns the lorry - who is named on their letters, the driver? The company?
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