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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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ManxRed
post Thu, 19 Apr 2018 - 13:23
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QUOTE (nosferatu1001 @ Thu, 19 Apr 2018 - 13:36) *
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


Not according to the slap down I got in the MIL thread in the News Articles sub-forum, but let's not take this thread off topic!

This post has been edited by ManxRed: Thu, 19 Apr 2018 - 13:31


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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btek
post Tue, 15 May 2018 - 19:21
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Hey guys, so I finally heard back from the VCS. Got a letter sent some time last week I believe.

https://www36.zippyshare.com/v/kRcD0mKD/file.html

https://www36.zippyshare.com/v/njATGjor/file.html

https://www36.zippyshare.com/v/DtB9GfnD/file.html

https://www36.zippyshare.com/v/MJDIB1QC/file.html

This sign looks a bit different to the one I posted earlier so not sure if this one is also placed somewhere in the car park or not.
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ostell
post Tue, 15 May 2018 - 20:46
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But that sign says excel parking and not VCS

This post has been edited by ostell: Tue, 15 May 2018 - 20:47
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nosferatu1001
post Wed, 16 May 2018 - 06:40
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So thank them for sending you proof that VCS are a stranger to any purported contract, as you note that Excel company no X and VCS company no Y are entirely different legal entities.

You now require them to provide you with the "reasonable cause" they used to access the DVLA RK database, within 7 days, before you complain to the DVLA seeking their removal form the database.
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btek
post Wed, 16 May 2018 - 11:22
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I believe they're refering to the text at the very bottom of that sign, small font. Says about payment being collected by the VCS :/
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nosferatu1001
post Thu, 17 May 2018 - 10:40
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OK, I cant comment - work blocked
No way to host on tinypics?
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Anom124
post Thu, 17 May 2018 - 11:26
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Hi OP

Any news on this ?
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nosferatu1001
post Thu, 17 May 2018 - 16:10
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No of course they're not referring to that, they're referring to the very first line which says you're entering a contract with vcs

However there's a whacking Great excel logo.
To then say that company is not the one you're contracting with is MISLEADING. That's potentially criminal.
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btek
post Fri, 18 May 2018 - 21:56
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QUOTE (nosferatu1001 @ Thu, 17 May 2018 - 17:10) *
No of course they're not referring to that, they're referring to the very first line which says you're entering a contract with vcs

However there's a whacking Great excel logo.
To then say that company is not the one you're contracting with is MISLEADING. That's potentially criminal.


Now I see your point, I misread one line in the letter. Will email them and see what they say. Cheers mate
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btek
post Sun, 20 May 2018 - 16:16
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Could you guys check this and see if it's any good before I punt this?

Hi there,

This email is a follow up to your recent letter I received.

The signage you've sent me clearly has Excel company logo on it, also the actual signage at the entrance to the car park says that whoever parks there enters the contract with Excel and not VCS. I have photographic evidence to prove this.

I am now forced to ask you to provide me with the reasonable cause you have used to access the DLVA RK database.

If you cannot provide me such I'm once again telling you to stop contacting me regarding this matter.

Regards
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SchoolRunMum
post Sun, 20 May 2018 - 23:35
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You do not address a company ''hi there''!


QUOTE
Dear Sirs,

This email is a follow up to your recent letter I received.

Thankyou for providing me with evidence that the signage has 'Excel Parking Services Ltd' company logo on it, and under the t&cs on the right of the sign, it requires 'Excel P&D ticket only' and goes on to mention Excel again lower down. The sign is badly drafted - at best, ambiguous - insofar as identifying the entity offering a licence to park, and such, the signs do not support a contract or a claim by VCS.

Further, the actual signage at the entrance to the car park says that whoever parks there enters into a contract with Excel and not VCS. I have photographic evidence to prove this.

I conclude that VCS offered no contract to the driver, and had no 'reasonable cause' to access the DVLA database.

In addition, it appears to me that the ANPR system is gathering data which is wrongly passed between Excel and VCS, and that this data processing and sharing and the 24/7 monitoring of this car park is excessive, disproportionate and I believe it is unsupported by regular assessments as required by the Information Commissioner's Office (ICO) for ANPR system users. Thus, VCS is operating in breach of the ICO Surveillance Camera Code of Practice.

VCS have also failed to tell me anything about my right to subject access or who to write to for a SAR. Once again, this omission breaches the ICO Surveillance Camera Code of Practice, as well as that of the IPC Code of Practice, which says:

''Of significant importance within the Code is the requirement to obtain, process and dispose of Keeper Data lawfully and responsibly.''

And with specific relation to ANPR ticketing, the IPC Code says:

''3.4 If you use ANPR technology you must ensure the Keeper Data you obtain and process is used, stored and disposed of appropriately in accordance with ICO requirements.
3.5 Operators should have regard to the Surveillance Camera Code of Practice when using surveillance cameras.''



Before I lodge a formal complaint with the Information Commissioner and DVLA, regarding VCS' various breaches, I give you 14 days from receipt of this communication, to explain your position including supplying me with copies of all ANPR usage assessments made before or since enforcement started at this location.

In the absence of a timely response from yourselves I will conclude that your continued processing of my data is unlawful and I will proceed to make formal complaints to the DVLA and ICO without further notice to you.

yours faithfully


This post has been edited by SchoolRunMum: Sun, 20 May 2018 - 23:36
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btek
post Mon, 21 May 2018 - 15:49
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QUOTE (SchoolRunMum @ Mon, 21 May 2018 - 00:35) *
You do not address a company ''hi there''!


QUOTE
Dear Sirs,

This email is a follow up to your recent letter I received.
(...)
yours faithfully



Woah... I need to step up my writing game here. Thanks a bunch, you're a legend. I will send the email tonight and will update youse as soon as I hear something back.

This post has been edited by btek: Mon, 21 May 2018 - 17:23
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Redivi
post Mon, 21 May 2018 - 16:55
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Mate !

Check the Username
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btek
post Mon, 21 May 2018 - 17:22
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QUOTE (Redivi @ Mon, 21 May 2018 - 17:55) *
Mate !

Check the Username


rolleyes.gif my bad
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btek
post Sat, 9 Jun 2018 - 12:30
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Just received another letter.

https://www53.zippyshare.com/v/ucQTQJeP/file.html

Clinging on to that signage I must say... how would the case look like if it turns out that there is in fact 2 different signs on site saying different things? I'll make my way down there today and will check the sign at the machine itself.
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ostell
post Sat, 9 Jun 2018 - 15:53
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The sign that is more advantageous to the consumer is the one that will be followed.

I note that they have not made any mention of the fact the signs had Excel on them.

Where did Scotland come from?
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btek
post Tue, 12 Jun 2018 - 22:48
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Hi folks, my apology for the delay however I've been busier then I thought I was going to be.
Anyway, I made my way down to the car park and the sign o the machine is indeed the one I got a picture sent over. It doesn't change the fact that on the other sign contradicts that by stating that the car park is managed by Excel.

And yes you're correct, no mention of Excel company whatsoever and yet they're plastered all over the signs.

I also have no idea when did Scotland come into play..
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SchoolRunMum
post Tue, 12 Jun 2018 - 23:36
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The point being made was, you didn't tell us this was in Scotland! If we had known we would have given different advice.
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btek
post Wed, 13 Jun 2018 - 10:01
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So it was assumed I live in England/Wales or N.I?! I'm sorry I didn't know that makes a big difference. Thought it's relatively similar across the UK.
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ostell
post Wed, 13 Jun 2018 - 10:08
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In Scotland the keeper cannot be held liable as POFA does not apply. The advice would therefoe be just ignore. They are not going anywhere if they don't know the name of the driver at the time.
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