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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Parking Charge Notice from VCS Ltd


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I think it could well be as we see on many private car parks and indeed most hospitals. We all know what they mean but in fact mean nothing! Hence why we have seen PPC invoices given to blue badge holders parking on DYL's when if they were official they could park there.

 

I'll post the reply I get from Department of Transport on here when I get it.

 

In the meantime having just returned from holiday I had a letter from VCS waiting for me.

 

My parking charge has been cancelled and no further action will be taken.

 

It would appear that my letter stating that I don't believe I was ever in contract and even if I was their charges were penalty charges and therefore void seems to have had some impact. I also asked for an estimate of the costs of the damage they allege I had done if a claim for trespass was to be persued.

 

My MP also wrote to VCS and says she will write back to me after they have replied.

 

Thanks to all on this forum who gave me the confidence to not just roll over and pay the £80 charge!!

 

Kind regards

 

Rich

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  • 4 weeks later...

Just to conclude this had an email from Department of Transport this week. Yellow lines are protected by copywrite but DoT are quite happy for anyone to use them on private land.

 

Best wishes

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  • 3 months later...

Hi I have just got a fine from the doncaster airport road, as i posted a letter in the letter box on the road going in, I have read your threads and sent my appeal to them asking for the costs and damages caused for my trespass on this road, and also informed them that the postbox should not be there and should of been moved so it was just a pedestrian one when they changed the road signage. Your threads have been really useful, I probably would of paid it if i had not checked the forum.

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Hi I have just got a fine from the doncaster airport road, as i posted a letter in the letter box on the road going in, I have read your threads and sent my appeal to them asking for the costs and damages caused for my trespass on this road, and also informed them that the postbox should not be there and should of been moved so it was just a pedestrian one when they changed the road signage. Your threads have been really useful, I probably would of paid it if i had not checked the forum.

 

Hi there

 

I know the post box well and have indeed posted letters there myself. Think about this... Once per day (at least) a post office van has to stop to empty the post box. Do the post office get a daily parking charge notice issued from a White Renault Panel Van registration number F4 NPR? How about when the 91 bus stops multiple times per day on the stop immediately adjacent to the post box? Can't see First Group being happy with that and yet nothing in VCS's signs mention busses or post office vans being allowed to stop.

 

I'm glad my posts have been of service. If you're using that post box you must live locally. Why not write to Caroline Flint MP? Her office is just 50 yards way from that post box and she is well aware of VCS and their presence at the airport.

 

Good luck and I'm sure as you're aware don't pay.

 

Best wishes

 

R

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Yes I live in Finningley, I will write to her thats this country to a T rip of joe public every which way you can, i did go to the post office on the camp and ask him about the post van, but he did not know of any bother, he said it should be pedestrian box but the road has changed. You can even see me on the picture posting the letter. Yes your post has been really useful as I would not have known all this about the company who issued the charge. I thought the cameras were on the lamposts somewhere, so at least if the van isn't there were safe. I will let you know how I get on with the email I sent them.

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  • 4 weeks later...
  • 2 weeks later...

what did you say to them archiebald? We recently got one for parking in a retail park from VCS and have evidence on receipt (which we have not yet shown or stated) we was not abusing the facilitys and overstayed the 2 hours by 27 minutes and got a "£60" £100 charge. Upto now we have sent them one email in which we said we never agreed to any contract and included our terms which state

 

Further action on my part will incur charges which be chargeable to your company.

 

My charges will be invoiced at the following rates...

 

Initial Charge of £250 then £100 each time I have to respond in relation to this matter. All legal expenses and costs will be charged in addition to the above charges. Pursuing this matter will trigger these charges and by doing so, your company agrees to these terms.

 

 

It's been around 4-5 days since we sent them our email denying we ever agreed to there contract, The photographic "evidence" they also have is only a picture of us driving in and out as it's an ANPR system, and seeing as it's a parking charge, how is that evidence? (I'm also tempted to wear a numberplate around my neck and walk down the road then return after 2 hours and expose the plate again to see if I get a parking charge with a picture of me just standing there. LOL!).

Edited by Mikes1992
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what did you say to them archiebald? We recently got one for parking in a retail park from VCS and have evidence on receipt (which we have not yet shown or stated) we was not abusing the facilitys and overstayed the 2 hours by 27 minutes and got a "£60" £100 charge. Upto now we have sent them one email in which we said we never agreed to any contract and included our terms which state

 

Further action on my part will incur charges which be chargeable to your company.

 

My charges will be invoiced at the following rates...

 

Initial Charge of £250 then £100 each time I have to respond in relation to this matter. All legal expenses and costs will be charged in addition to the above charges. Pursuing this matter will trigger these charges and by doing so, your company agrees to these terms.

 

 

It's been around 4-5 days since we sent them our email denying we ever agreed to there contract, The photographic "evidence" they also have is only a picture of us driving in and out as it's an ANPR system, and seeing as it's a parking charge, how is that evidence? (I'm also tempted to wear a numberplate around my neck and walk down the road then return after 2 hours and expose the plate again to see if I get a parking charge with a picture of me just standing there. LOL!).

Hi I just said that I did not see how they could charge me under the law of trespass as I had not caused any damage and if I had asked them to outline it and equate it to the amount they were charging me. It took about 3 weeks for them to reply. Read all the previous threads.

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  • 2 weeks later...
Hi I just said that I did not see how they could charge me under the law of trespass as I had not caused any damage and if I had asked them to outline it and equate it to the amount they were charging me. It took about 3 weeks for them to reply. Read all the previous threads.

 

Just logged in here after a while and saw your good news. Be sure to spread the word locally about what's happened though I'm sure you already have. Out of curiosity did you involve the local MP at all?

 

Best wishes

 

Rich

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  • 3 weeks later...

We got a reply saying our appeal was unsucessful but it says further appeals will be ignored they also use the word "Enforce" are they alloud to do that?... I just wrote this up fast

 

Since you have chosen to persue me for these charges you have agreed to my terms - "State contract"

If you do not drop your allegation or fail to reply within 14 days you will incure charges of £250 which includes the above contracts £100 charge each time I have to respond in relation to this matter, you have also agreed that any legal expenses will also be charged as well as the above charges.

 

My Letters are not an appeal but an outright refusal to accept your allegations, You never stated any damages we may have cause and you don't even have proof we parked!

 

 

Although I think my best method now would be just to ignore them.

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Mikes.

Having responded they have you down as 'concerned'.

 

Concerned enough to frighten to the point of making a voluntary payment?

 

On the other hand they may realise from your response that you are aware of NIL responsibility to pay them anything.

 

Either way, they will try to intimidate you into making a voluntary contribution to people less deserving than most.

 

Your call.

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We got a reply saying our appeal was unsucessful but it says further appeals will be ignored they also use the word "Enforce" are they alloud to do that?... I just wrote this up fast

 

Since you have chosen to persue me for these charges you have agreed to my terms - "State contract"

If you do not drop your allegation or fail to reply within 14 days you will incure charges of £250 which includes the above contracts £100 charge each time I have to respond in relation to this matter, you have also agreed that any legal expenses will also be charged as well as the above charges.

 

My Letters are not an appeal but an outright refusal to accept your allegations, You never stated any damages we may have cause and you don't even have proof we parked!

 

 

Although I think my best method now would be just to ignore them.

 

Did they give you a POPLA code with their rejection?

hello all:-)

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Submit the POPLA appeal. It means nothing legally so you can then ignore the 'decision'.

 

However the satisfying thing is that VCS will have to pay the fee - about £30.

 

Let that put a smile on your face - at no cost or loss of your position.

 

Is there a chance that POPLA may close the case aswell? We still have the receipts of what we bought (Over £100 of shopping), It was busy christmas shopping and they never timed the amount of time we was parked (they use an entry ANPR "Automated numberplate recognition"... we was around 27 minutes over 2 hours). We never really presented our personal case to VCS because we knew they'd just ignore it.

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POPLA, like the parking company, dont give a fig about your shopping or why you were late so dont waste your energy justifying yourself to them. A single letter denying any breach of contract and telling them that further correspondence will not be entered into will suffice. No details or reasons needed as a contract doesnt exist betwwen them and you.

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