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VCS and BW Legal Letter of Claim
Huggy444
post Thu, 28 Jul 2016 - 12:19
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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.


Thanks

This post has been edited by Huggy444: Thu, 28 Jul 2016 - 12:23
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post Thu, 28 Jul 2016 - 12:19
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Huggy444
post Wed, 23 Oct 2019 - 08:41
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Just to bring this up to date.

I received a letter from VCS dated 18th October ( Friday ) stating they would settle for £125 to avoid a full hearing. Since the charge plus court fees amount to £125 it was not much of an offer. I was preparing my witness statement over the weekend, and drafted a reply to say no thank you, see you in court.

Yesterday I received another letter from VCS dated 21st October ( Monday ), advising me that they had written to the court to discontinue their claim. I had not even posted my reply by then!

So, that's the end of a story that started in May 2015, through DRP, BW Legal and back to VCS. Bit disappointed not to see them in court, and get some little cash back from them, but since the court can be a lottery best to just let it go now. I will check with the court later to be sure they have actually discontinued.

The car park now, 4 years later, has new signs in all the right places. So the driver will not park there again!

Thanks all for the comments and assistance. It has been an interesting experience.
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nosferatu1001
post Wed, 23 Oct 2019 - 09:03
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Good! Can you add a thread in COMPLETeD CASES? with a link to this thread/ It helps others smile.gif
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Huggy444
post Wed, 23 Oct 2019 - 09:52
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QUOTE (nosferatu1001 @ Wed, 23 Oct 2019 - 10:03) *
Good! Can you add a thread in COMPLETeD CASES? with a link to this thread/ It helps others smile.gif


I have now posted a link in Completed Cases.

Thanks again for the valuable assistance.
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