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PCN from VCS
btek
post Wed, 11 Apr 2018 - 21:52
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Hi all, I'll get straight to the point.
Recently got a nice notice from Vehicle Control Services about parking without displaying a valid ticket. I was a bit surprised as the driver didn't find anything on the windshield on the day of the parking. Then I remember texting with my friend and him saying that he was walking past my car and saw that there was a ticket left. I thought he was winding me up all this time because, as I mentioned before the driver didn't find any tickets. Now that I received the letter it's clear to me that either someone removed it or it wasn't "attached" properly.

I'm not sure if there's any defence against them, £100 or even £60 if paid within 14 days is too much to say the least as their parking charge (now that I checked on google street view) says 60p per hour.
I had a look at few threads and templates for appeal however I'm not quite sure where I stand with this thus I have no idea what to write to them to have any chance.

I have until Tuesday 17th to appeal to keep the lower charge so still some time left. Any help would be much appreciated smile.gif

Cheers

This post has been edited by btek: Fri, 13 Apr 2018 - 12:39
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post Wed, 11 Apr 2018 - 21:52
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ostell
post Thu, 12 Apr 2018 - 06:56
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So you should also have read that you do not identify the driver so get editing. Refer to "The driver....." etc.

So now do as everyone else does and post up the paperwork, suitably redacted but leave the dates. A picture of the signs would help. Put your pictures on an external hosting site and use the links on here.

At the moment there is nothing in your post, other than it's VCS, to be able to offer help.
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btek
post Thu, 12 Apr 2018 - 21:28
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Cheers..was focused more on the appeal letter side of things and completely forgot when writing the post.

Here are the links to the photos of the letter received and the sign from the side driver was entering.

https://www51.zippyshare.com/v/i1CWILrZ/file.html

https://www51.zippyshare.com/v/SJ4kljg2/file.html

Also I only just noticed that the company that's on the parking board is different to the one I got the letter from..

If there's anything else please just let me know.

This post has been edited by btek: Fri, 13 Apr 2018 - 12:37
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The Rookie
post Fri, 13 Apr 2018 - 03:57
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QUOTE (ostell @ Thu, 12 Apr 2018 - 07:56) *
So you should also have read that you do not identify the driver so get editing. Refer to "The driver....." etc.

Do this NOW, edit that first post (first sentence)

This post has been edited by The Rookie: Fri, 13 Apr 2018 - 03:57


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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ostell
post Fri, 13 Apr 2018 - 07:49
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So the driver contracted with one company, Excel, and another company, VCS, claimed for a breach. Thye have a habit of doing that. They are two legally separate companies with their own entries at Companies House. They have merged but that makes no difference.

Now that you are past the 14 days to get a valid Notice to Keeper you could write to VCS as the keeper and tell them that the driver had no contract with them as any alleged contract was with a company called Excel, as stated on the signage. You will not, therefore, be paying their demand.

I would remove you comment about the previous occasions in your first post and in post #3. ".... from the side the driver was entering...."

Edit as suggested by hawk eyed The Rookie.

This post has been edited by ostell: Fri, 13 Apr 2018 - 08:05
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The Rookie
post Fri, 13 Apr 2018 - 07:51
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I think you mean the driver had no alleged contract with them?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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btek
post Fri, 13 Apr 2018 - 14:21
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Thanks lads, all noted. Last question, ostell do you mean to write directly do VCS or through the appeal?

Thanks
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ostell
post Fri, 13 Apr 2018 - 20:04
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I would say write directly to them. You are not appealing, you are telling them that there is no liability to their company. You do not want further harassment from them.

Wait for others to comment
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btek
post Tue, 17 Apr 2018 - 21:27
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QUOTE (ostell @ Fri, 13 Apr 2018 - 21:04) *
I would say write directly to them. You are not appealing, you are telling them that there is no liability to their company. You do not want further harassment from them.

Wait for others to comment


Right, I'll take your advice and contact them directly, see how that goes. Will update if I hear anything back from them.

Big thanks for the help so far.
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nosferatu1001
post Wed, 18 Apr 2018 - 08:37
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Show us your draft here, first. Just in case.
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Redivi
post Wed, 18 Apr 2018 - 09:03
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How about asking the DVLA who applied for the vehicle details ?

Either VCS has applied for keeper details regarding a car park that they don't manage OR Excel applied and passed on the information
The appropriate complaint can then be made to the DVLA

The General Data Protection Regulation (GDPR) comes into force 25th May
My understanding is that you can then request the organisations to disclose all the information they hold about you for no charge

You will also be in a position to send complaints to the Information Commissioners Office including about the DVLA for failing to take action
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nosferatu1001
post Wed, 18 Apr 2018 - 09:15
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Thats correct - DSARs drop to £0 from a max of £10
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btek
post Wed, 18 Apr 2018 - 16:30
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Right, here is what I've come up with.


To Whom It May Concern,

I'm writing to you in regards to the recent PCN (ref no: ********) I have received from your company.

I'm writing as the keeper of the vehicle to tell you that the company responsible for managing and controlling the car park on Nicol Street is Excel Parking Services LTD. Consequently the driver of the vehicle had no contract with VSC as any alleged contract was with Excel, as stated on the signage at the car park.

I will therefore not be paying any of your demands as there's no liability to your company.

I would like no further harassment regarding this matter.
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Redivi
post Wed, 18 Apr 2018 - 16:48
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To Whom It May Concern,

I'm writing to you in regards to the recent PCN (ref no: ********) I have received from your company.

I'm writing as the keeper of the vehicle to tell you that, according to the signage, the company responsible for managing and controlling the car park on Nicol Street is Excel Parking Services LTD.
Consequently the driver of the vehicle could not possibly make any contract with your company

I will therefore not be paying this parking notice and will regard any further demands as harassment

I reserve my rights regarding what I believe to be unlawful access of my details at the DVLA
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btek
post Wed, 18 Apr 2018 - 16:57
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Thank you, will edit and email over.
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btek
post Wed, 18 Apr 2018 - 19:18
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Ok, so I emailed them over using the address from their website info@vehiclecontrol.co.uk.uk and got a reply from this address cpo@excelparking.co.uk . Not sure if it's an automated message or not but here's what's it saying:


Dear Sir
This is to acknowledge receipt of your correspondence regarding the above detailed Charge Notice; please note that we will be responding to you in due course in line with our appeals procedure.
The details you have supplied have been passed to the relevant department; however if you have further points to raise or evidence to supply to support your appeal, please ensure it is submitted online at www.myparkingcharge.co.uk following the instructions given.
Yours sincerely,

Appeals Administration Team
Central Processing Office
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ostell
post Wed, 18 Apr 2018 - 20:31
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Could be an interesting BS reply from either Excel or VCS
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nosferatu1001
post Thu, 19 Apr 2018 - 07:45
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OK, so immediate breach of the DPA. Theyre passing details from one company to another even over email.

Complaint to the BPA, ICO....
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ManxRed
post Thu, 19 Apr 2018 - 09:44
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Its a breach of the KADOE agreement, but not the DPA, from what I discovered in the MIL thread in the Flame Pit!


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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nosferatu1001
post Thu, 19 Apr 2018 - 12:36
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Its a breach of the DPA for you to communicate with one company, and without your consent for that communocation to be passed to another
If not DPA1998 certainly DPA2018
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