VCS / Excel advice required, Advice requested regarding VCS bully tactics |
VCS / Excel advice required, Advice requested regarding VCS bully tactics |
Wed, 25 Nov 2020 - 13:10
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#1
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New Member Group: Members Posts: 3 Joined: 25 Nov 2020 Member No.: 110,727 |
Hello All
I'm currently in a dispute with VCS (Vehicle Control Services) over a PCN that was originally raised 22/9/20 for an contravention event on 4/9/20. It happened in A major northern city and their NTK document was sent to the keeper. I did not tell them who the driver was when I made a appeal against VCS 29/9/20 explaining the car was parked for 98 mins and the maximum period allowed is 120 mins. FYI Their sneaky signs must have changed recently (since last used) because they claim you have to pay £1 for the second hour and the first hour is free! I have kept a record of their threatening claims for initially £60 and now they say they will take me to court unless I pay £160 by 3/12/20. (Demand for Payment) The fact that they do not know who the driver is leads me to understand that VCS would struggle in court to persuade a magistrate that any contract had been broken. What is your advice because I am extremely reluctant to pay these crooks anything? Kind Regards |
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Wed, 25 Nov 2020 - 13:10
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Wed, 25 Nov 2020 - 13:40
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#2
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Member Group: Members Posts: 41,586 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
They won't be trying to persuade any magistrate. It's a civil matter and not criminal.
If they have complied with the Protection of Freedoms Act then they can pursue the keeper (presumed to be the registered keeper) for the driver's unpaid parking charge. If they have not complied then they pursue the keeper on the basis they were driving. (If appears they have not complied) It would be normally considered reasonable for any significant changes to terms in a car park to be clearly signed for a period following the change. But of course income can increase in such circumstances so there's little incentive. The £60 they are trying to recover is likely to fail. But the £100 core contract might well be enforceable- but note the keeper/driver stuff above. Whilst we may not agree with their business model they are considered an approved operator. This post has been edited by Jlc: Wed, 25 Nov 2020 - 14:07 -------------------- 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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 25 Nov 2020 - 14:01
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#3
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
If you had come here earlier the appeal that would have been suggested would be:
Dear Sirs, I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc |
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Thu, 26 Nov 2020 - 10:35
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#4
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New Member Group: Members Posts: 3 Joined: 25 Nov 2020 Member No.: 110,727 |
Thankyou JLC for your prompt reply.
Forgive my naive query but I need to be clear as I try and grasp these legal terms. How can I establish that VCS have NOT complied with the Protection of Freedoms Act? A general question for anyone reading this, Has anyone on this site been taken to court by VCS? (vehicle Control Services or Excel) Thankyou in advance click2earn |
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Thu, 26 Nov 2020 - 11:02
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#5
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Member Group: Members Posts: 56,263 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Yes a LOT of people have been taken to court by VCS, they are amongst the most litigious of PPCs.
You check the Notice to Keeper off against the requirements laid out in Schedule 4 of PoFA, but we know they won't as they never have and have now given up even pretending. -------------------- 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 10-0 PPC's |
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Sat, 28 Nov 2020 - 15:23
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#6
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New Member Group: Members Posts: 3 Joined: 25 Nov 2020 Member No.: 110,727 |
Thankyou Rookie. OK. Im really not sure how to move forward with this. Whatever happens it would seem VCS will continue to harrass and more than likely take me to court which judging by the current timescales will be in late 2021.
What advice could you offer me based on the story so far? Thankyou |
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