Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)
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  1. #1
    Basic Account Holder tom4rse Novitiate

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    Default PCN from Vehicle Control Services LTD

    Hello,


    Got issued with the following ticket (below) on my motorbike yesterday evening. I parked in a side street in the centre of Nottingham and didn't realise it was a private street it was dark etc, however when I looked properly there were actually 4 signs on display.

    I have read this forum thoroughly and have seen all the advice on how the system appears to work (the Private Parking Stickys and threads) and pro-forma letters etc. I've also noticed that the company who issued my notice (VCS Parking Enforcement Specialists) are a member of the BPA: (British Parking Association)

    It would appear that the maximum amount allowed to charge is 75 under BPA guidelines and the company has asked for 80. So it would appear that they have breached the BPA code of conduct?

    Other than that the option open to me seems to be that I pursue the letters option and hope that they drop the charge?

    I was wondering if anyone had any suggestions on what would be my best course of action.

    Kind regards
    tom4rse





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  2. #2
    Basic Account Holder battyboomboom Novitiate

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    Default Re: PCN from Vehicle Control Services LTD

    Best course of action -ignore it. It is a private ticket proporting to look like an official police/council one - which is an under a few acts, namely the Fraud Act 2006.

    The BPA is nothing more than a trade body, it has no legal standing. They will act like this whether they are in the BPA or not. It's like some of us setting up the "BMA" (British Murderers Association) and saying that you're only allowed to stab your victim not more than twice when killing them - it's still murder and it's illegal like the above notice.

    See the sticky threads. If you receive a DCAicon letter then say the debt is in dispute. Don't worry.


  3. #3
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    Default Re: PCN from Vehicle Control Services LTD

    On a slightly pedantic note, and although the very bottom of the back of the ticket is not visible, it seems that the Vehicle Control Services Ltd may be in breach of company law - they are supposed to show their company registration number and place of registration and registered office address (which cannot be a PO Box) on their stationery.

    Why not drop them in it with Companies House?


  4. #4
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    Default Re: PCN from Vehicle Control Services LTD

    Also, "Issue Date" is not good enough. To be valid the ticket has to have "Date of Issue" according to the DoT Model Ticket. There may be other infringements - I can't remember the whole model ticket. Look up a thread by "MondeoST24" - there's a lot of cracking information about pcnicon's in there.


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    Default Re: PCN from Vehicle Control Services LTD

    It's a private '[problem]' ticket, and so the DoT model doesn't apply, Stoney. OP, please re-read the sticky at the top of the forum and stick to one thread for your issues.

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  6. #6
    Basic Account Holder tom4rse Novitiate

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    Default Re: PCN from Vehicle Control Services LTD

    Aaaaand we're off....

    Just to keep you informed, my "Notice To Owner of Intent to Issue Court Proceedings" letter dropped on the mat this morning. (quite intimidating letter to the untrained eye!)

    But fear not, my response will be in Monday's post.

    Will keep you informed of their response.


  7. #7
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    Default Re: PCN from Vehicle Control Services LTD

    Quote Originally Posted by tom4rse View Post
    Aaaaand we're off....

    Just to keep you informed, my "Notice To Owner of Intent to Issue Court Proceedings" letter dropped on the mat this morning. (quite intimidating letter to the untrained eye!)

    But fear not, my response will be in Monday's post.

    Will keep you informed of their response.
    First the invoice designed to look like a valid pcnicon and now an NTO its getting a bit rich. These guys are sailing close to the wind with their documentation. I'd say they are acting they are either committing fraud or are very close to it. Are you going to report them?


  8. #8
    Basic Account Holder tom4rse Novitiate

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    Default Re: PCN from Vehicle Control Services LTD

    To whom and for what?


  9. #9
    Basic Account Holder Barnsley Boy Novitiate Barnsley Boy Novitiate

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    Default Re: PCN from Vehicle Control Services LTD

    Quote Originally Posted by tom4rse View Post
    To whom and for what?
    Office of Fair Trading
    Local Trading Standards Officer
    The Police

    The offence at the moment would be under Administration of Justice Act 1970 by mimicing official documents, purporting to give them status which they simply don't have. Later, further down the line, when their threats become repetitive and oppressive there is the Prevention of Harressment Act 1997 and even the Fraud Act 2007?.

    Sounds cynical but don't expect too much. A lot of forum members have complained about an awful lot more and got nowhere. The Police simply aren't interested, local Trading Standards have a patchy understanding of Private Tickets and OFT usually don't respond to individual complaints. If however, you enjoy letter writing and are up for it then by all means go ahead.


  10. #10
    Basic Account Holder tom4rse Novitiate

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    Default Re: PCN from Vehicle Control Services LTD

    Hello there,

    I have a response letter (see below) also included with the letter was a lovely photo of my motorbike next to the no-parking sign and also a copy of the parking ticketicon issued.

    Was interested to read in the 5th paragraph: "A recent decision by the Court of Appeal has confirmed that provided adequate notice of unauthorized parking is given, the driver/registered keeper accepts the Terms as set out and therefore consents to the penalty charge which maybe incurred for contravening the regulations"

    Now lets ignoreicon the fact they have admitted this is a penalty charge (thus no contract etc) I was wondering to which decision by the Court of Appeal the nice lady who wrote me this letter was referring?

    Anyone know?

    Also, any comments on the letter to include in my response?

    Cheers
    Tom





  11. #11
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    Default Re: PCN from Vehicle Control Services LTD

    Quote Originally Posted by tom4rse View Post
    Hello there,

    I have a response letter (see below) also included with the letter was a lovely photo of my motorbike next to the no-parking sign and also a copy of the parking ticketicon issued.

    Was interested to read in the 5th paragraph: "A recent decision by the Court of Appeal has confirmed that provided adequate notice of unauthorized parking is given, the driver/registered keeper accepts the Terms as set out and therefore consents to the penalty charge which maybe incurred for contravening the regulations"

    Now lets ignoreicon the fact they have admitted this is a penalty charge (thus no contract etc) I was wondering to which decision by the Court of Appeal the nice lady who wrote me this letter was referring?

    Anyone know?

    Also, any comments on the letter to include in my response?

    Cheers
    Tom
    Sounds like they are in fantasy land. As they would say in the house of commons "they are not being entirely straight forward". I'm sure we would have heard from our legal friends such as PeteJ and legaladvisor had this been the case not to mention our resident PPC apologists.

    A recent decision that overturned the precedents of the Dunlop case which has stood for over a 100 years.

    I think you have covered the salient points.

    Only the driver can be held to any "contract". Regardless of any case law third parties cannot be made party to terms in contracts that they have no knowledge of and do not agree to.

    One other comment ask them to quote relevant cases to back their claims that the BPA charges are "not unfair at law". Says who?

    I think a Have Sex and Travel letter quoting the salient points is required.


  12. #12
    Basic Account Holder lewis1baby Novitiate

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    Default Re: PCN from Vehicle Control Services LTD

    please does anyone know of anybody who has actually gone to court with ukpc ltd as i am currently in litigation with them and i will fight to the death!!!!!!!!!!


  13. #13
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    Default Re: PCN from Vehicle Control Services LTD

    Quote Originally Posted by pin1onu View Post
    One other comment ask them to quote relevant cases to back their claims that the BPA charges are "not unfair at law". Says who?
    Had a thought on this one last night. Could they be referring to the charges for clamping. There is some case law about reasonable charges there. But the BPA charges that is complete rubbish.

    The BPA is a trade association with a very loose code of compliance. They don't set the rates that their members are required to charge just that they follow the code of conduct.

    While we're on the subject of the BPA you might want to point out the BPA requires in their code of conduct requires them

    Quoting from section 2..... (click here for the full code of conduct)

    2. Manage their affairs professionally so that their operations are
    conducted efficiently and effectively and in accordance with good
    business practice including
    Trading fairly and responsibly and only employing contractors
    that are competent to the task in hand.

    Undertaking their activities honestly and with integrity and not
    knowingly misrepresenting themselves or misleading others.

    Ensuring that they operate to the highest possible standards
    thereby protecting the interests of their shareholders and
    customers.
    Employing staff who are competent and qualified and adopting
    an approach to staff development that encourages further
    training.
    Operating from established premises and ensuring that they are
    adequately insured for all relevant risks.
    Striving to resolve any complaints and disputes quickly and
    equitably.

    You might want to point out that their documentation is bordering on or is dishonest by mimicing official documents which is an offense under the AJA S40. etc. So are they acting honestly. Hoist on their own petard.

    I would suggest that you complain to the BPA but as this a trade body made up of the "enemy" (i.e. PPCs) you are probably urinating in the breeze for all the good it will do.



  14. #14
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    Default Re: PCN from Vehicle Control Services LTD

    Quote Originally Posted by lewis1baby View Post
    please does anyone know of anybody who has actually gone to court with ukpc ltd as i am currently in litigation with them and i will fight to the death!!!!!!!!!!
    I think the lack of answers to your post is probably a good indication. Have a look at this thread here. You'll see a number of people indicate that they had loads of letters and threats of court action but the reality is zilch.

    Stand firm.


  15. #15
    Basic Account Holder tom4rse Novitiate

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    Default Re: PCN from Vehicle Control Services LTD

    Progress report so far for those considering what to do:

    I got a Notice to Owner of Intent to Issue Court Proceedings on 3rd Jan, I wrote a letter to the company (see templateicon letters). They ignoredicon my letter.

    I got a "Final Demand Notice" on 12th Feb which stated Failure to Pay Will Result in Court Action in big bold letters. I wrote a letter which was very similar to the earlier letters as they never actually answered any of my requests for information.

    They ignoredicon my letter and sent a I included the Cease and Desist line (see templateicon letters).

    I have received no further correspondence from the Parking Company to date.

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  16. #16
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    Default Re: PCN from Vehicle Control Services LTD

    Hello I am new to the site and have been reading Tom4rse's threads the same happened to me last night and I am furious 80 is extortion. The signs were very high up and not very clear.

    Can you tell me please of you have heard anything more from these crooks?

    Thanks


  17. #17
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    Default Re: PCN from Vehicle Control Services LTD

    Quote Originally Posted by Dannithegirl View Post
    Hello I am new to the site and have been reading Tom4rse's threads the same happened to me last night and I am furious 80 is extortion. The signs were very high up and not very clear.

    Can you tell me please of you have heard anything more from these crooks?

    Thanks
    Hi,

    Welcome to the forums.

    I think the lack of activity on this thread indicates the level of court action i.e. none.

    You have an invoice for an alleged breach of contract.

    Don't pay up. It's a [problem]. Have a read of the private parking charges guide in the stickies section and you'll see why.

    They'll follow the usual business model of these companies which is loads of threatening letters and then silence.

    This company isn't the only one at it. One of them recently took people to court and lost (google "Excel Mansfield").

    A word of caution VCS lurk on these forums and will attempt to identify you from anything you post. Don't put dates, times, names, locations etc in any of your posts. They won't win in court but they will try to coerce you into paying with all manner of threats.

    Some people advise ignoring everything apart from court documents. Others advise using the templateicon letters in the stickies section.

    What you should definitely do is wait until they have obtained the RK details from the DVLA, which costs them 2.50.

    The choice as to how to proceed is then yours.

    If you have any questions post back.

    -------------------------------------------------------------------------------------------------------------------------------------
    This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
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  18. #18
    Basic Account Holder lapland Novitiate

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    Default Re: PCN from Vehicle Control Services LTD

    Hi,

    Firstly I am new to this site and must thank you all for your threads because I too got a pcnicon. I have appealed which was a waste of time, I went to see the police which was a waste of time because it is a private company, but then fortunately hit on this site and received more valuable information.
    I intend to now take your advice and wait for the court letters!
    Just so annoying when I have got 101 other better things I could be doing with my time but on principle I intend to stick it out!
    Thanks again to all and I will keep you posted


  19. #19
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    Default Re: PCN from Vehicle Control Services LTD

    I intend to now take your advice and wait for the court letters!
    How long are you planning on living?


  20. #20
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    Smile Re: PCN from Vehicle Control Services LTD

    A good 20 years!!!



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