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VCS Permit Holders Only. Discontinued claim, VCS charge raised in May 2015, disco'd October 2019
Huggy444
post Wed, 23 Oct 2019 - 09:47
Post #1


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After 4 years of VCS, DRP, and BW Legal VCS finally dropped their claim as I was preparing my witness statements.

LINK TO THE POST >>>>> http://forums.pepipoo.com/index.php?showto...amp;pid=1249180


Initial Post:

Back in May 2015 A car registered to me allegedly parked in a private car park. The driver brought back the windscreen ticket. Not having seen this forum before, being a PPC virgin, I responded ( as keeper ) to the ticket, with a soft appeal. Which was rejected. I then waited until the NTK arrived, and appealed to the IAS ( yes, I know now that was pointless, but it shows I engaged with them). by now I followed the forum, so ignored the DRP letters and the BW Legal letters up to now, as the have reached letter of claim stage.

Circumstances:
Private car park for a block of flats. I believe VCS are contracted by the Block Management company, who in turn must represent the land owner. Vehicle turned off the main road and parked in one of four spaces OUTSIDE a fenced off area. Fence does have an entrance in it, with a sign, but vehicle did not pass through that entrance. There are no signs by the 4 spaces other than that entry sign. I do not believe the signage was adequate to indicate the spaces outside the fence could possibly be included. The fence has a chain attached which presumably could be used to close off the car park, and Google Streetview shows in the past there must have been a barrier there. Never any signs by the space the vehicle was parked in.

Response:
I want to draft a response to this letter of claim, so they don't go ahead with a court filing. I am not sure if appealing the initial window ticket changes anything wrt POFA 2012. I have not, and don't intend to name the driver.

I propose to use Inadequate signage, Not actually being in their car park, VCS Non compliance with POFA 2012, Forbidding contract, the illegal/penalty £54 charge, VCS having to prove they can raise charges.

I also will ask whether they are proceeding as if it was a contract, and requesting a VAT invoice if so. Or trespass, where I do not believe anyone other than the land owner can bring an action against the driver.


I will have to wait until lunchtime to get a copy of my letter.

Meantime I will post picture of signage. The letters are pretty well the same as everyone else has posted recently. Although I notice they use "Contravention" now, not "Offence" in their descriptions.

In the picture of the car park ( BTW the yellow railings are from a Parking Eye car park next door ) the vehicle was parked in the space immediately behind the foreground tree.

LINK TO THE POST >>>>> http://forums.pepipoo.com/index.php?showto...amp;pid=1249180
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