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fran mick
The background:
In March we received a ticket from a private parking company for parking in a 'restricted area' - the area we had parked had no paint to indicate this until a few month after our ticket was issued and we argued that if they had painted it already we never would have parked there and gotten a ticket. They then said we had breached their contact by not being parked within a set of white lines, and also in a letter falsley claimed we had returned to our vehicle and refused the ticket from their agent. We then made an Independent Appeal basically saying it wasn't fair to charge us when they hadn't marked the car park to let us know the area was restricted, and that they were switching to the parked within white lines argument which wasn't how the ticket was issued. The parking company fabricated a false copy of the issued ticket apparently showing a had written note on the back of the ticket stating we were not parked between white lines - we have the original ticket which show this isn't true. We only found this out when we were notified that we had lost the appeal, I tried contacting the Appeal body to say the evidence was fabricated but they said the appeal was closed and that was that. Now the parking company are saying they will take us to court unless we pay £100 fine.

The question:
Can the charge be upheld because we 'breached' the parking company conditions by not being between white lines even though the ticket was issued for being in a restricted area (which as mentioned was not marked as such) and despite the fact they fabricated evidence for the appeal?

mad.gif We are pretty disgusted by their behaviour and don't want to let their underhand and threatening tactics win, however we also do not have any spare money and don't want to end up paying a fine and court costs if we could lose on a legal technicality. My husband is convinced they would never take us to court with what they've done and will just be as threatening as they can without taking action, but we don't know the legal position we're in.

We were using our local Aldi supermarket and they say there's nothing they can do about it huh.gif
freddy1
who is the parking company ?
emanresu
Aldi is often ParkingEye. Have a word with your local Citizens Advice to see if they have pulled this stunt before. If not show them so they can refer the matter to the local Trading Standards and ActionFraud.
Jlc
I don't think it's PE if there were boots on the ground. (Although they do frequent some car parks or use self-ticketing)
fran mick
Vehicle Control Services are the company. They had someone out with a camera taking photos. According to their latters it's this person who said we returned to our vehicle and refused a ticket.
freddy1
oh joy , save your paperwork and enjoy a day in court with those clowns

20,000 requests for info , 47 actual court claims in the first quarter of this year http://www.bmpa.eu/companydata/Vehicle_Control_Services.html

your paperwork would shoot them down , also the IAS paperwork would not be read in court , they are scared of this
The Slithy Tove
Fabricating evidence. It seems it's not just UKPC doing this. If VCS really are doing this, then it's as criminal as what UKPC have been doing.
hoohoo
The Prankster has reported over on MSE that VCS regularly lie in evidence packs, and that John Davis (director of the IPC) is aware of this but has apparently done nothing.
http://forums.moneysavingexpert.com/showthread.php?t=5334212

I would report this to the IPC anyway, and also to the new lead adjudicator of the IAS. The POPLA lead adjudicator suspended UK Parking Control from POPLA while he investigated thier recent fraud. It would be interesting if the IAS do the same.

If they take no notice, the next step is to complain to the DVLA regarding the IPC ATA status, and Chartered Trading Standards Institute regarding the IAS ADR Entity status.
Lynnzer
[quote name='hoohoo' post='1115831' date='Fri, 2 Oct 2015 - 09:40']The Prankster has reported over on MSE that VCS regularly lie in evidence packs, and that John Davis (director of the IPC) is aware of this but has apparently done nothing.
http://forums.moneysavingexpert.com/showthread.php?t=5334212

I would report this to the IPC anyway, and also to the new lead adjudicator of the IAS. The POPLA lead adjudicator suspended UK Parking Control from POPLA while he investigated thier recent fraud. It would be interesting if the IAS do the same.[.quote]
It won't be investigated.
fran mick
I have emailed the IPC with photos showing VCS fabricated evidence- let's see what they have to say!...

Thanks for your help, I will report back!
biggrin.gif biggrin.gif biggrin.gif biggrin.gif biggrin.gif biggrin.gif biggrin.gif biggrin.gif biggrin.gif biggrin.gif
ostell
As it's the IPC then they still won't agree with you. Shame you won't now get a Notice to Keeper which needs to agree with the ticket on the car to make the keeper liable.
freddy1
I notice a article on the pranksters website this morning that relates to fabrication of evidence and the IPC , do you remember the undercover footage where **** admitted to fabricating evidence?
ManxRed
QUOTE (ostell @ Tue, 6 Oct 2015 - 08:46) *
As it's the IPC then they still won't agree with you. Shame you won't now get a Notice to Keeper which needs to agree with the ticket on the car to make the keeper liable.


Doesn't matter. VCS don't do PoFA anyway.

'The registered keeper was the driver, regardless' is their usual stance.
fran mick
Well, you won't be surprised to hear my response from the IPC is that they're not interested, they basically sent the standard letter that gets sent from the IAS. I will go to my local Citizen's Advice Bureau - is there any other action you can recommend? And if so please can you say it in lay person speak, pepipoo language is slightly baffling to me!! biggrin.gif

***my lovely personalised reply from 'IPC' - or was it IAS....!***
Thank you for your enquiry regarding your recent appeal.

The Independent Appeals Service (IAS) is unable to interfere with the decisions made by the Adjudicator, as this would compromise the independence of the service. Once a decision has been made, the decision is final and cannot be altered.

It is now a matter for you and the operator, please contact them for further information.

If you wish to contest the charge further, you should seek legal advice, if you need a solicitor please visit the Law Society website.

Unfortunately the IAS will be unable to provide any further information as the appeal has been completed and closed.

I should add that the IAS appeal decision is not binding on The Motorist. You always have the option to contest the case in Court should VCS opt to issue proceedings.

Yours faithfully

THE IAS
Jlc
Perhaps 'Myself' penned that response?

(Sorry OP, you may not get that...)
nosferatu1001
Complain to cab asking them to contact trading standards. Talk about fraud under the 2006 act.
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