VCS 9 PCN's for not clearly displaying parking permit Options

[Lynne R]

My son has recently purchased a leasehold flat with allocated parking space. He was given a VCS parking permit which he displayed on the dashboard (I am the registered keeper). He only uses the car intermittently so he was surprised to see 6 tickets when he next went to drive the car which he ignored as he was displaying the permit. Then a further 3 arrived. Consequently I received the NTKs and appealed. The reasons given for the fines were that the permit was not clearly visible and a photo of same showed a portion of the permit was partially hidden by the shaded area around the perimeter of the windscreen. However, the permit valid from date, the allocated parking bay number and the permit registration number were clearly visible. Also the angle of the photo meant that it looked as though more of the permit was hidden than was actually the case. If you actually personally looked through the windscreen at an angle you could see most of the permit. As most of the permit was clearly visible I appealed informally to VCS stating the right to park an an owner/occupier and that the majority of the details on the permit were visible. They rejected the appeal but offered to reduce the amount to £20 per ticket which considering there are nine in total is still £180. I have 21 days to take this to IAS in which case their reduced offer is cancelled.
Do any of you think that it is worth pursuing through formal appeal?


Thank you in anticipation of your replies.

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[Lynne R]

Eljayjay/SchoolRunMum: Yes, it is a new Management Company/Agent. Letter received from them advising of the change a few days ago. Apparently the development's resident committee (5 members) were not happy with the original Management Company being taken over by another company whose managing style did not match their requirements (ie not managing on a more local level and paying invoices for work carried out without Residents Committee approval, etc.).

I have spoken to one of the new company's directors this morning making him fully aware of mine and other residents outrage at VCS tactics. Followed this up with email listing all the PCNs received and copy of permit in windscreen and saying that if they continue with this harassment and threatening court action, will attend court to defend this and counterclaim for trespass, etc.

This post has been edited by Lynne R: Wed, 10 Oct 2018 - 16:01

[cabbyman]

......And join the principal in the action!!!

[SchoolRunMum]

SchoolRunMum:
Yes, it is a new Management Company/Agent. Letter received from them advising of the change a few days ago. Apparently the development's resident committee (5 members) were not happy with the original Management Company being taken over by another company whose managing style did not match their requirements (ie not managing on a more local level and paying invoices for work carried out without Residents Committee approval, etc.).

I have spoken to one of the new company's directors this morning making him fully aware of mine and other residents outrage at VCS tactics. Followed this up with email listing all the PCNs received and copy of permit in windscreen and saying that if they continue with this harassment and threatening court action, will attend court to defend this and counterclaim for trespass, etc.

Good, and opt out.

You DO NOT need this regime in the car park at all. No PPC should be anywhere near residential car parks.

This post has been edited by SchoolRunMum: Wed, 10 Oct 2018 - 18:01

[Eljayjay]

Lynne R

I think you have done all you need to do for now.

As you have not yet received a letter of claim, I would be inclined to give the new director a few days to respond to you and, if he/she does not respond, then send him/her something based on the Dear Michael letter.

[Lynne R]

Have now received reply from new Managing Agent who have been in touch with VCS to query these PCNs on my behalf and to remind VCS of their purpose to manage parking controls and not to penalise/harass residents. However VCS assert that the PCNs sent to me were correctly issued according to their contract. They advised the managing agents that they had previously offered me a discounted rate,which I had not paid, so the cases had gone too far now to cancel and I should contact VCS direct to arrange a payment plan as otherwise it will go to court and they have a high success rate of winning!

[Jlc]

contact VCS direct to arrange a payment plan

That's generous.

...as otherwise it will go to court and they have a high success rate of winning!

They would say that wouldn't they? They also have many losses where properly defended.

This post has been edited by Jlc: Wed, 17 Oct 2018 - 07:50

[ManxRed]

And did the Managing Agent grow a pair and respond accordingly? Or did they just back down and go 'yes, sir, whatever you say, sir'?

Representing the interests of the residents. Yeah, righto.

This post has been edited by ManxRed: Wed, 17 Oct 2018 - 08:13

[nosferatu1001]

Indeed, the MA needs to be told to actually uphold their residents interests, not those of a parasite

POint out that shoudl the new MA keep entertaining this company, you will have no option but to sue the MA for tortiuous interference with your lease, claiming damages and obtaining an injunction against them.

[ManxRed]

It would be interesting to find out if VCS's contract with the previous MA had sufficient assignment language in it that meant that the new MA had to 'inherit' the contract, or whether they could legitimately tell VCS to clear off.

[Lynne R]

ManxRed: The new Management Agents have said "There is no plan to remove the current parking enforcement company".

[nosferatu1001]

POint out then that they havea stark choice

Instruct their agent to cancel all charges
OR
Face a civil suit for intereference with lease, trespass to goods and property, and an injunction, all at their cost.

[ManxRed]

Advise them that they should do some proper due diligence, both with regard to the company they are now contracting with, and the legal position with regard to derogation from grant. They really ought to engage a land law legal specialist.

Their decision though.

[Lynne R]

After five years, VCS have instructed DB Legal to take this matter further and I will be attending Court on 24/May. Hoping my defence of primacy of contract and copies of the Lease will be accepted by the Judge. If anyone has any further suggestions I would be glad to hear them.

[Redx]

Read similar court cases over on mse parking forum, especially recently concluded ones that are similar

[Sheffield Dave]

Presumably by now you have already submitted your defence, witness statement and exhibits?

[Lynne R]

Yes I have. Will report back as to the outcome

[The Rookie]

Have you read this thread? Start with the last page for the conclusion and then work back as required.

[Albert Ross]

Have you read this thread? Start with the last page for the conclusion and then work back as required.

Is there a missing link to a thread in here?

[Lynne R]

Yes, please post tgread

[The Rookie]

Have you read this thread? Start with the last page for the conclusion and then work back as required.

Is there a missing link to a thread in here?

Sorry, yes this one http://forums.pepipoo.com/index.php?showto...0&start=320