VCS invoice for Excercise 4 Less car park

[Robbo87]

Hi, Just wondering if someone can offer a bit of advice, I'm not sure of the name of the company involved as it is my sister who has been given the fine however I can get that info if needed.

 

My sister went to an excercise 4 less gym which has a private car park. She was going for a PT session at the gym but isn't a full blown member of the gym. The gym has a car park near the town centre and any vehicles that they believe aren't visiting the gym get £50 fines. The receptionist never asked my sister to sign in or fill in any forms upon her arrival.

 

needless to say, my sister received a £50 fine. She spoke to the gym who confirmed that she was at the gym at the time and had a pre booked appointment with an instructor. They said they will contact the clamping company and tell them she was visiting the gym and all would be fine. The clamping company have rejected this stating that my sister should have signed in at reception to confirm her car details. Again my sister was never asked to do this at the gym... but either way the gym have said she was visiting the gym so i don't see why they still refuse to leave it.

 

They have now threatened that if it is not paid in a certain amount of days she will get £100 fine and if that isn't paid they will take court action.

 

Is it worth her letting them take it to court. Personally I feel they are being unfair and if the gym are happy to give evidence to prove she was visiting the gym I'm not sure they would have a great case, But.. I'm not the expert. Anyone got any advice?

[ericsbrother]

How did she receive this demand? Ticket on screen or letter through post as number plate captured by automated system?

This is mportant as the procedures that the company has to use differs for the 2 methods and often they get it wrong. If there is a system of signing in then it does look as though the car parking company do not have any authority to issue demands as they have no assigned rights but are just employed as playground monitors whilst teacher is on a fag break.

Tell us the details of where and when (exact dates of all events) and the name of the company involved and the correct advice will be forthcoming.

[dx100uk]

just remember

this is NOT A FINE.

 

its a speculative invoice.

 

dx

[Robbo87]

How did she receive this demand? Ticket on screen or letter through post as number plate captured by automated system?

This is mportant as the procedures that the company has to use differs for the 2 methods and often they get it wrong. If there is a system of signing in then it does look as though the car parking company do not have any authority to issue demands as they have no assigned rights but are just employed as playground monitors whilst teacher is on a fag break.

Tell us the details of where and when (exact dates of all events) and the name of the company involved and the correct advice will be forthcoming.

Thanks for the response. The company is called vehicle control services. She got the letter in the post after number plate recognition. She parked there on the 27th of jine from 3:25 to 4:30 and it was the excercise for less car park in wigan.

[DragonFly1967]

Thanks for the response. The company is called vehicle control services. She got the letter in the post after number plate recognition. She parked there on the 27th of jine from 3:25 to 4:30 and it was the excercise for less car park in wigan.

 

Can you tell us when she received the (parking) charge notice through the post, and if you still have it, what the date of issue on the (parking) charge notice is?

[armadillo71]

Hi, Just wondering if someone can offer a bit of advice, I'm not sure of the name of the company involved as it is my sister who has been given the fine however I can get that info if needed.

 

My sister went to an excercise 4 less gym which has a private car park. She was going for a PT session at the gym but isn't a full blown member of the gym. The gym has a car park near the town centre and any vehicles that they believe aren't visiting the gym get £50 fines. The receptionist never asked my sister to sign in or fill in any forms upon her arrival.

 

needless to say, my sister received a £50 fine. She spoke to the gym who confirmed that she was at the gym at the time and had a pre booked appointment with an instructor. They said they will contact the clamping company and tell them she was visiting the gym and all would be fine. The clamping company have rejected this stating that my sister should have signed in at reception to confirm her car details. Again my sister was never asked to do this at the gym... but either way the gym have said she was visiting the gym so i don't see why they still refuse to leave it.

 

They have now threatened that if it is not paid in a certain amount of days she will get £100 fine and if that isn't paid they will take court action.

 

Is it worth her letting them take it to court. Personally I feel they are being unfair and if the gym are happy to give evidence to prove she was visiting the gym I'm not sure they would have a great case, But.. I'm not the expert. Anyone got any advice?

 

Date of parking event - 27/6/14

 

Date she received the first letter (NTK ) from VCS - ?

 

With the rejection letter from VCS, was there a code number to allow access to POPLA?

 

She should be complaining vigorously to the gym as they CAN and SHOULD get the charge cancelled.

[ericsbrother]

we need to know the date the demand was issued and the date your sister received it. Then we need to know the circumstance of the follow up letter, was it a further letter from them or did she appeal the charge to VCS? Again, we need the dates of issue and the dates they were received. The Protection of Freedoms act, the legislation that allows parking companies to pursue the keeper of a vehicle when the driver is unknow is very prescriptive and the parking co must follow the regs within strict time schedules otherwise they automatically fail and they cant chase the keeper for the invoices.

It would also be a good idea to photograph the signs at th acr par so we can offer thoughts on the validity of the contract via the signs. Often these have the wrong details so again, the claim will fail but it must all be challenged within a certain time as well.

[Robbo87]

we need to know the date the demand was issued and the date your sister received it. Then we need to know the circumstance of the follow up letter, was it a further letter from them or did she appeal the charge to VCS? Again, we need the dates of issue and the dates they were received. The Protection of Freedoms act, the legislation that allows parking companies to pursue the keeper of a vehicle when the driver is unknow is very prescriptive and the parking co must follow the regs within strict time schedules otherwise they automatically fail and they cant chase the keeper for the invoices.

It would also be a good idea to photograph the signs at th acr par so we can offer thoughts on the validity of the contract via the signs. Often these have the wrong details so again, the claim will fail but it must all be challenged within a certain time as well.

The letter was sent on the 9th july. I know that she appealed it and the gym said they would tell the company she was in the gym. They turned the appeal down stating that all gym members have been informed that they must be registered and sign in so that they dont get ticketed. She isnt a gym member,she was there for a private pt session so would never have been informed. Ill try and get some more information from her. She dis state the letter mentions that there are signs stating that gym members must be registered to park there. But like i say she wasnt a gym member and was there for a one of session. But ill need to get the letters myself to make sure ive interpreted what she has said correctly.

[Robbo87]

She's just sent me the letter and it seems a bit of important information was missed, They did offer to revoke the fine but for a £10 cancellation fee along with proof of her being in the gym, She decided not to do that as she feels she should not have been ticketed in the first place so why should she pay a cancellation fee, Personally I would have just paid the £10 and then moaned at x4less to get it back but maybe i'm being soft. Has she got a leg to stand on here?

 

 

 

 

 

[ericsbrother]

nothing in PoFA that allows them to charge a cancellation fee. Also against unfair contracts legislation and consumer law generally. What a bunch of muppets. They have now just killed any reason for going to court as they have basically admitted that the charge is unwarranted so it is wither coercion or misrepresentation.

Well done them.