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Vehicle Control Services, Ticket in Sheffield
tonybaloney
post Tue, 19 Apr 2011 - 20:14
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I got a ticket from this lot a couple of weeks ago, in Sheffield. Me and a mate were working and had my van parked in my clients parking spot, which is controlled by VCS. I'd had a permit and a note on my dash, saying where I was working and even the operatives number, who'd said we were ok to park there a couple of weeks earlier.
We'd been there all day, without a problem aswell as all the previous day. We nipped out to the suppliers and came back about an hour later to get some paperwork signed.
The permit and note must have fallen off the dash, while we were out without us seeing. When we came back to the van, about 20 minutes after parking up, there was a ticket on it asking for the usual extortionate fee of £80.
I sent an email in, telling VCS of the circumstances. As expected, they said that the ticket would stand and gave me another 2 weeks to pay, which ends on 21/4/11, or it would go up to £120.
I know all the advice says to ignore the notice and don't acknowledge them, but if they tracked down my company as the registered keeper, they'd pay the fee and take it out of my wages aswell as a nice little "admin fee".
I can't make my mind up if the notice is filled in correctly, as the contravention code is only filled in on the bottom section of the ticket.
Any advice on this would be a great help.

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post Tue, 19 Apr 2011 - 20:14
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southpaw82
post Tue, 19 Apr 2011 - 20:28
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It matters not whether the "ticket" is filled out correctly or not. It's rubbish. I very much doubt that your employer can deduct it from your wages if they do pay up as a result of their stupidity.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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tonybaloney
post Tue, 19 Apr 2011 - 20:53
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Our company is like most big companies- they act first then worry about if it's right afterwards. It's written into the company vehicle policy aswell.
I was wondering if VCS have actually taken anyone to court lately and if so, what was the outcome?
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southpaw82
post Tue, 19 Apr 2011 - 21:28
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QUOTE (tonybaloney @ Tue, 19 Apr 2011 - 21:53) *
Our company is like most big companies- they act first then worry about if it's right afterwards. It's written into the company vehicle policy aswell.


I'm sure the resultant tribunal claim will disabuse them of that notion. I doubt that the company vehicle policy allows them to deduct from your wages if they stupidly pay an invoice from a PPC (as opposed to a penalty charge from the council or an FPN from the police).

QUOTE
I was wondering if VCS have actually taken anyone to court lately and if so, what was the outcome?


Not that I know of.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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roythebus
post Tue, 19 Apr 2011 - 21:33
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As SP says, if they make an unlawful deduction from your wages, they should find themselves in an industrial tribunal which will be very expensive for them.
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SchoolRunMum
post Tue, 19 Apr 2011 - 22:27
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It would be interesting to see what the company vehicle policy actually says?

Bear in mind that this isn't a fine nor a penalty nor a traffic offence - how exactly can the vehicle policy cover this scenario, tonybaloney, what does the wording say? Fines/penalties? Not this unjustified invoice then!

I would check the wording and let the Fleet Manager (or your Line Management) know that there was a fake PCN from a private company alleging a breach of contract which you deny and concerns you alone. They have zero liability but you want them to be aware of this, in case the company try writing to the keeper. Show them this link if the Manager is daft enough not to be able to tell the difference between a real Penalty Charge and a private, unsolicited invoice:

http://www.fleetnews.co.uk/news/2009/5/28/...ts-urged/30698/

HTH
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tonybaloney
post Wed, 20 Apr 2011 - 15:20
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I had a word with one of the fleet managers today and they seem to have changed how they handle tickets. It seems that they try to handle them a bit more "informally" now.
To be honest, I'm not too worried about how they deal with it, because I can get the union involved if they try and deduct anything. Like I said- I just didn't want my company getting involved when it's not really anything to do with them.
Is it still the best thing to just ignore all the letters, or is it worth letting them know that I won't be paying, so they can cut their "losses"?
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The Rookie
post Wed, 20 Apr 2011 - 15:28
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Telling them you won't be paying will make no difference, they work by worry and you won't worry if no letters are sent.

Have you checked that policy yet?

Simon


--------------------
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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tonybaloney
post Wed, 20 Apr 2011 - 15:57
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I just checked our vehicle policy. It states that "Fines and fixed Penalties" will incur an admin charge of £15 and will be recovered from the employers salary. As this isn't a fine or fixed penalty, I suppose they might have a problem if they tried to take ie- especially without asking me first. My union rep would have a field day!
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emanresu
post Wed, 20 Apr 2011 - 16:04
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May I suggest you still give the union the heads up so other less informed employers can be informed.


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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tonybaloney
post Tue, 3 May 2011 - 15:02
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I just received my eagerly awaited my " Notice of Intent To Proceed " letter. Does this look pretty standard to everyone?



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Gan
post Tue, 3 May 2011 - 15:11
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Perfectly standard letter complete with "court proceedings MAY be taken" not "will".

Wonder where they get the £50 solicitor fee from. Didn't think these could be recovered in Small Claims Court.

If they actually took more (any?) claims all the way they ought to know this.
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ManxRed
post Tue, 3 May 2011 - 15:20
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Interesting that they've put a statement near the top stating that liability lies with the driver. Presumably they've posted it to the RK though, given that it's titled 'Notice to Owner'.

How does that work then?


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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tonybaloney
post Wed, 6 May 2015 - 17:21
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Hello again,

It seems that the latest trend is to send out speculative letters, refering to old PCN's. I received one referring to to the above PCN, the other day from Rossendales.
It went to my old house though and the girl who now lives there isn't great at passing the mail on.
I compiled this response, as I don't want any hairy menacing blokes turning up on her doorstep before coming to me.

I'd appreciate any comments:

I received the letter from yourselves, regarding this matter today. The reason being that I moved house and now live at the above address.
In reference to the letter, I deny any debt to Vehicle Control Services Ltd and so according to law, you need to refer the matter back to your client.
I will under no circumstances make any payment to your company.
Do not contact me about this matter again. Any further contact regarding this matter will be considered harassment under the Harrassment Act 1997 (please refer to Ferguson v British Gas.)

Yours Faithfully


Thanks for any help.
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tonybaloney
post Wed, 6 May 2015 - 21:29
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I just posted this as a reply to my original post, but realised that it might not get seen.

Basically, I've just received a letter to my old address from Rossendales, which refers to this PCN:
http://forums.pepipoo.com/index.php?showtopic=61000&st=0

I've drafted a response, but would appreciate some guidance as to whether I'm taking the right course of action.

This is my response:

I received the letter from yourselves, regarding this matter today. The reason being that I moved house and now live at the above address.
In reference to the letter, I deny any debt to Vehicle Control Services Ltd and so according to law, you need to refer the matter back to your client.
I will under no circumstances make any payment to your company.
Do not contact me about this matter again. Any further contact regarding this matter will be considered harassment under the Harrassment Act 1997 (please refer to Ferguson v British Gas.)

Yours faithfully


Any advice would be welcomed-thanks.
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Gan
post Wed, 6 May 2015 - 21:48
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QUOTE (tonybaloney @ Wed, 6 May 2015 - 22:29) *
I just posted this as a reply to my original post, but realised that it might not get seen.

Basically, I've just received a letter to my old address from Rossendales, which refers to this PCN:
http://forums.pepipoo.com/index.php?showtopic=61000&st=0

I've drafted a response, but would appreciate some guidance as to whether I'm taking the right course of action.

This is my response:

I received the letter from yourselves, regarding this matter today. The reason being that I moved house and now live at the above address.
In reference to the letter,
I deny any debt to Vehicle Control Services Ltd and so according to law the Financial Conduct Authority Consumer Credit sourcebook, you need to refer the matter back to your client.
I will under no circumstances make any payment to your company.
Do not contact me about this matter again. Any further contact regarding this matter will be considered harassment under the Protection from Harassment Act 1997 (please refer to Ferguson v British Gas.)

Yours faithfully


Any advice would be welcomed-thanks.

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emanresu
post Thu, 7 May 2015 - 04:49
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From the last thread which is likely to identify you, I can see you received the "Notice of Intention to Proceed" - and yet they did not. Strange that.

You'll get a reply from Rozzies saying that the client has declined to call them off so you may want to point out that as you have already received the NIP letter (ho ho) you can only conclude that their client has waived their rights to proceed and there is no merit in their claim. As such Roxxies would be wasting their time contacting you again.

This post has been edited by emanresu: Thu, 7 May 2015 - 04:53


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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The Rookie
post Thu, 7 May 2015 - 05:45
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From: Warwickshire
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There is no law that says they have to refer it back, best not say things that make you look ill informed, it relates to the code of practice.





--------------------
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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tonybaloney
post Thu, 7 May 2015 - 06:31
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Thanks for the replies everyone- I'll send off my response and see what comes back. rolleyes.gif
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tonybaloney
post Tue, 30 Aug 2016 - 21:46
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Hi again,

The latest update on this is that I've just received the standard letter from BWLegal, stating that the "debt" has been passed to them. I've read about the £54 being un-recoverable, but I just want a bit of clarification on where I stand as the original notice was received in early 2011. Also, they know I was the driver as it was a company van- the thread details the reasons etc.
As they know who was driving, is there any benefit in giving my correct address to respond to?
I've only just received the letter, as again it went to my previous address. This only gives me 3 days to respond (they allow 16 days from the date of the letter), which is why I'm after a quick heads up on where I stand.
Any help would be much appreciated.
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