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markyb73
Hello,

I'll be honest, never had one of these before and have had a read through this site and i am not the brightest when it comes to these things mellow.gif

Basically I was parked in a business park 29th September to work for a customer all day.
They have a limited amount of spaces available and hence all their bays were full.
So i parked outside the edge of their office, no one was being obstructed, no pathways were blocked etc etc.
I was ticketed and i also saw the officer photo my car as well. I never approached them in case that went against me.
The reason for the ticket was "Parked in a restricted area of the car park".
They ticket wants me to pay £60 within 2 weeks or it goes up to £100.
There were signs around and i did take the time to photograph that.

While i admit i was not parked in a bay, i certainly was not obstructing anyone or anything and i find a charge of £60 hard to justify.

I have no problem paying up if i am guilty as charged but out of principle i feel it is unfair.

I have had a read through various posts here and i am sure i will be advised to appeal but as i am essentially breaking their rule i don't really want it to drag on and to ultimately end up paying anyway, its not about the money just the principle. I have about a week left before the charge would go up and they would i presume apply to the dvla for my details as they will not currently know who the registered keeper of the car is.

Any starting advice appreciated, thanks in advance !

ManxRed
VCS Ltd are members of the IPC, which has a completely biased and frankly unwinnable appeals process.

I would concentrate on getting something in writing from the customer you were working for, showing that you had their permission to park there.
markyb73
thank you. I will try that and see what they say.
Whichever way it goes, i presume an appeal wouldn't hurt? Except i could end up paying £100 instead of £60.
nosferatu1001
You end up paying nothing

You appeal, AS KEEPER not revealing the driver, asking for ADR that substially meets the requirements of the insurer ADR regulations. The IAS is entirely non compliant. If they offer the IAS, you can legitimately refuse it, giving the documented reasons why, and ask they provide someone other. They haven't anyone else.
ostell
In the meantime:
Were there any markings to say that the area you parked in was restricted?
Did the company you were visiting hire VCS? If so then they can TELL VCS to cancel the charge
SatNavSam
QUOTE (nosferatu1001 @ Mon, 5 Oct 2015 - 03:56) *
You end up paying nothing

You appeal, AS KEEPER not revealing the driver, asking for ADR that substially meets the requirements of the insurer ADR regulations. The IAS is entirely non compliant. If they offer the IAS, you can legitimately refuse it, giving the documented reasons why, and ask they provide someone other. They haven't anyone else.



Should he not wait for the NtK first, before appealing?
hoohoo
VCS, as per other IPC companies, do not allow the keeper to appeal. You can only appeal for the 1st 21 days.

The keeper should appeal now, as keeper, on the grounds the contravention did not occur.

If you were not the keeper, the keeper can then appeal to the IAS on the grounds keeper liability did not apply as currently VCS do not issue compliant NTKs.

The IAS, being incompetent, will find against you anyway. If you were the driver, add other grounds. The IAS, being incompetent, will find against you anyway, but at least you can have a laugh at them squirming. Quote Aziz v Caixa d'Estalva at them, and state this overrides PE v Beavis.

SatNavSam
QUOTE (hoohoo @ Mon, 5 Oct 2015 - 18:25) *
VCS, as per other IPC companies, do not allow the keeper to appeal. You can only appeal for the 1st 21 days.

The keeper should appeal now, as keeper, on the grounds the contravention did not occur.

If you were not the keeper, the keeper can then appeal to the IAS on the grounds keeper liability did not apply as currently VCS do not issue compliant NTKs.

The IAS, being incompetent, will find against you anyway. If you were the driver, add other grounds. The IAS, being incompetent, will find against you anyway, but at least you can have a laugh at them squirming. Quote Aziz v Caixa d'Estalva at them, and state this overrides PE v Beavis.


Thanks for the clarification.
markyb73
Thanks to all, some good info to digest.

Will report back smile.gif

Many Thanks.
Lynnzer
So this is how it goes.
VCS don't use PoFA to go after the keeper, unless they have changed their PCN's recently. Check the ticket. If it says anything about the Protection of Freedoms Act and Keeper Liability let us know quickly.
If it doesn't, then they can only go after the driver. Since they don't know who it is they will try to trick you into naming him by sending a Notice to Keeper in around 28 to 56 days from the date of the contravention. It will ask you to make payment or name the driver. You write and say that you weren't the driver and you are under no obligation to name him/her as they aren't invoking PoFA, and in any case they have asked not to be named in the interests of confidentiality.
End of.....
You will of course then get a series of letters from debt collection companies all trying to screw money from you but they have no way they can force it upon you, or take court action. They may make noises like they'll refer it back to VCS to take court action but since they don't know who the driver is, it's as likely as Maggie Thatcher coming back as a zombie with a coal shovel in her teeth.
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