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Livid61
Hello this is the first time I have used this forum and any advise would be much appreciated, on the 14th march I parked my car in the above mentioned car park to shop at aldi and home bargains I returned after a short period of time to find a warden making a ticket out because she said where I parked had no bay markings which I did not realise because there were several cars parked and I slipped in between two others, I drove off before she put the ticket on the car and received a notice to keeper dated 26/3/15 with the PCN fixed to it, having spent hours on the web looking at advise I am going to respond to Vehicle control services by email before the 21 day dead line which is mid week.
This car park has been open for over 12 months people have always parked in this particular part but as far as I'm aware they have just started banging out tickets, there are no markings down saying loading area do not park but they get you on the fact that on the sign it says park between the lines of a single marked bay.
Any advise on how to format my response to VCS would be brill because at the moment my heads a mush with reading all the various info.
Note-one thing I have noticed is that the sign on entry to the car park says anyone parking for longer than 10 mins must agree to the terms and conditions I parked for around that amount of time but they would have to prove I was there more than 10 mins, can they prove this?

Many thanks in anticipation of you're advise.
Livid61



Hello this is the first time I have used this forum and any advise would be much appreciated, on the 14th march I parked my car in the above mentioned car park to shop at aldi and home bargains I returned after a short period of time to find a warden making a ticket out because she said where I parked had no bay markings which I did not realise because there were several cars parked and I slipped in between two others, I drove off before she put the ticket on the car and received a notice to keeper dated 26/3/15 with the PCN fixed to it, having spent hours on the web looking at advise I am going to respond to Vehicle control services by email before the 21 day dead line which is mid week.
This car park has been open for over 12 months people have always parked in this particular part but as far as I'm aware they have just started banging out tickets, there are no markings down saying loading area do not park but they get you on the fact that on the sign it says park between the lines of a single marked bay.
Any advise on how to format my response to VCS would be brill because at the moment my heads a mush with reading all the various info.
Note-one thing I have noticed is that the sign on entry to the car park says anyone parking for longer than 10 mins must agree to the terms and conditions I parked for around that amount of time but they would have to prove I was there more than 10 mins, can they prove this?

Many thanks in anticipation of you're advise.



Castle
The 26th March was a Thursday and therefore the PCN is deemed to have been received 2 working days later which would be Monday 30th March. As this is 16 days after the parking "event" they are out of time in complying with POFA2012, so only the driver is liable.
Livid61
QUOTE (Castle @ Sun, 12 Apr 2015 - 10:43) *
The 26th March was a Thursday and therefore the PCN is deemed to have been received 2 working days later which would be Monday 30th March. As this is 16 days after the parking "event" they are out of time in complying with POFA2012, so only the driver is liable.

Thank you for your reply so does that mean if the driver is not identified then VCS cannot cannot chase the keeper, and should I write and let them know of this.
kommando
QUOTE
Thank you for your reply so does that mean if the driver is not identified then VCS cannot cannot chase the keeper


Correct

QUOTE
and should I write and let them know of this.


VCS are in the sham outfit IPC, they will reject any appeals and the next appeal to the 'Independent' IPC will also be rejected.

There are 2 schools of thought.

1. As there is enough public evidence of the lack of the IPC independence they can be ignored until true Court Claim papers arrive.

2. It is worth engaging but not to win an appeal but doing in such a way that later in front of a Judge you should you have tried to engage and been reasonable. The second reason is buy using the arguments that would be used in a court defence and stand a good chance of winning you show VCS you would be no push over and they would pick another victim instead.
trubster
This isn't a council ticket, it is from a Private company, hopefully a mod will move it to the right place.

You won't be paying this. (But will involve ignoring scary looking letters) biggrin.gif - Some even have BIG RED WRITING ON!!!

Were you parked here? https://www.google.co.uk/maps/@53.393872,-1...#33;6m1!1e1

Or was it ALDI Carpark opposite? - I feel a fishing trip coming on biggrin.gif
Livid61
QUOTE (kommando @ Sun, 12 Apr 2015 - 11:47) *
QUOTE
Thank you for your reply so does that mean if the driver is not identified then VCS cannot cannot chase the keeper


Correct

QUOTE
and should I write and let them know of this.


VCS are in the sham outfit IPC, they will reject any appeals and the next appeal to the 'Independent' IPC will also be rejected.

There are 2 schools of thought.

1. As there is enough public evidence of the lack of the IPC independence they can be ignored until true Court Claim papers arrive.

2. It is worth engaging but not to win an appeal but doing in such a way that later in front of a Judge you should you have tried to engage and been reasonable. The second reason is buy using the arguments that would be used in a court defence and stand a good chance of winning you show VCS you would be no push over and they would pick another victim instead.

Kommando thank you for your reply so being a member of ipc is different you can't ask for a popla code I believe, this must be a disadvantage because people seem to have more success appealing to popla, also what do you think of the 10 min before the contract starts can you ask for evidence to prove you were there for longer than 10 mins.
kommando
They will just state it is your task to prove you were parked less than 10 mins so unless you can leave it out. If you were parked for less than 10 mins then run with it as you are preparing for court but you have to be truthful as it would be in your witness statement and if asked for confirmation you would need to answer truthfully.

On the basis there does seem to be Small Claims activity from VCS or their motley crew of agents and hangers on however I would be going on 2 and appeal on the basis.

1. Parked for less than 10 minutes (only state this if you know it to be true, in court you could be asked and would need to answer truthfully)

2. NTK could never have arrived within the 14 days limit to meet POFA 2012 requirements for keeper liability

3. Lack of standing (ie they are not the landowner)

4. The sum invoiced is not a Genuine Pre estimate of losses

Do not name the driver.

and wait for other opinions as well before committing to a course of action.
Livid61
QUOTE (kommando @ Sun, 12 Apr 2015 - 12:43) *
They will just state it is your task to prove you were parked less than 10 mins so unless you can leave it out. If you were parked for less than 10 mins then run with it as you are preparing for court but you have to be truthful as it would be in your witness statement and if asked for confirmation you would need to answer truthfully.

On the basis there does seem to be Small Claims activity from VCS or their motley crew of agents and hangers on however I would be going on 2 and appeal on the basis.

1. Parked for less than 10 minutes (only state this if you know it to be true, in court you could be asked and would need to answer truthfully)

2. NTK could never have arrived within the 14 days limit to meet POFA 2012 requirements for keeper liability

3. Lack of standing (ie they are not the landowner)

4. The sum invoiced is not a Genuine Pre estimate of losses

Do not name the driver.

and wait for other opinions as well before committing to a course of action.
ok that sounds good the only thing I don't fully understand is point 2 what does that mean please.
Livid61
QUOTE (trubster @ Sun, 12 Apr 2015 - 12:18) *
This isn't a council ticket, it is from a Private company, hopefully a mod will move it to the right place.

You won't be paying this. (But will involve ignoring scary looking letters) biggrin.gif - Some even have BIG RED WRITING ON!!!

Were you parked here? https://www.google.co.uk/maps/@53.393872,-1...#33;6m1!1e1

Or was it ALDI Carpark opposite? - I feel a fishing trip coming on biggrin.gif

Hi trubster I was in Aldi car park if you click on your link to street vw then look in the car park I was next to iceland, people are parking there all the time in the interest of all concerned it should be marked no parking or something, people are getting tickets left right and centre.
ps I posted in the wrong section tried to change it but had to start a new one so I hope they merge them together.
Frustratedtobits
Hi if you message the moderators they will merge your threads for you. Don't panic just follow the brilliant advice on this forum.
kommando
You drove away before they could attach the ticket to your car, so it reverts to an ANPR type operation, they have to get the NTK to you within 14 days for ANPR (numberplate recognition). If they tell you they did ticket the car then the NTK had to arrive after 28 days and before 56 days. So whatever they try they are snookered, 16 days is after 14 days for ANPR and before the 28 days for a ticket on the car.
Albert Ross
remove the attachment in post #1
Mamalade67c
I beat VCS in Court for parking at Flora St.
They stated that I was parked in a restricted zone at the side of Iceland. I contested this as there were no markings on the ground at the time.
I ignored all letters until they sent me to County Court.
The judge ruled in my favour as the signage did not give an adequate description of what was a restricted zone but this was also bolstered by the fact that there were no markings on the ground. She stated that VCS should consider altering their signs.
They pursued me for 23 months to try and claim £160, I would love to know how much this cost in total, people time and postage legal fees etc and what the cost of altering every sign that they have up in the uk.
Keep up the fight folks.
If anyone would benefit from how I did it pm me.
Also their Legal rep in Court told me afterwards that he thought that I was right to contest the ticket.
Ironically the only costs that they would agree to were that for parking, I am now waiting for their £4 cheque.
rolleyes.gif
Mamalade67c
Also make sure everything is recorded delivery as they will deny anything that is not.
I sent them a cheque for £10 re info required and they stated that they never received it but then later returned it to me buy mistake.
ostell
The original paost was 2 years ago and then nothing from the OP
cabbyman
QUOTE (Mamalade67c @ Thu, 2 Feb 2017 - 15:51) *
Also make sure everything is recorded delivery as they will deny anything that is not.


NO!!!!

First class post with certificate of posting from the Post Office Counter. It's deemed delivered in two days unless evidenced to the contrary. They can refuse to sign for recorded delivery!
redrose
I'm about to go to court with VCS for the same PCN as Marmalade67c - parking in a restricted area. I could really use your help please Marmalade. I tried to pm you but your inbox is full. Could you share your witness statement and skeleton argument with me please?

QUOTE (Mamalade67c @ Thu, 2 Feb 2017 - 16:40) *
I beat VCS in Court for parking at Flora St.
They stated that I was parked in a restricted zone at the side of Iceland. I contested this as there were no markings on the ground at the time.
I ignored all letters until they sent me to County Court.
The judge ruled in my favour as the signage did not give an adequate description of what was a restricted zone but this was also bolstered by the fact that there were no markings on the ground. She stated that VCS should consider altering their signs.
They pursued me for 23 months to try and claim £160, I would love to know how much this cost in total, people time and postage legal fees etc and what the cost of altering every sign that they have up in the uk.
Keep up the fight folks.
If anyone would benefit from how I did it pm me.
Also their Legal rep in Court told me afterwards that he thought that I was right to contest the ticket.
Ironically the only costs that they would agree to were that for parking, I am now waiting for their £4 cheque.
rolleyes.gif


I'm trying to pm you but your inbox is full
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