VCS problems

[TheHoob]

Hello,

 

I received a ticket from VCS back in december and stupidly I tried to leave my appeal to a couple of different appeal services.

 

The first closed down and the second (private parking appeals) failed to respond to emails

once they'd taken my money and seemingly didn't send anything off at all on my behalf.

 

As a result I recieved a letter from VCS saying that i'd missed the appeal deadline and demanding £100.

 

I responded with a letter from this website naming the person who was driving at the time (not the registered keeper) to try and reset the POPLA clock but

 

today I recieved another letter rejecting this and saying that the keeper is now liable.

 

Is there anything that I can do?

 

Thanks in advance.

[dx100uk]

ignore them I would now think

 

 

and go get your money back from the fleecers by a visa chargeback if you used your debit card on their site.

 

 

dx

[armadillo71]

Hello,

 

I recieved a ticket from VCS back in december and stupidly I tried to leave my appeal to a couple of different appeal services. The first closed down and the second (private parking appeals) failed to respond to emails once they'd taken my money and seemingly didn't send anything off at all on my behalf.

 

As a result I recieved a letter from VCS saying that i'd missed the appeal deadline and demanding £100. I responded with a letter from this website naming the person who was driving at the time (not the registered keeper) to try and reset the POPLA clock but today I recieved another letter rejecting this and saying that the keeper is now liable.

 

Is there anything that I can do?

 

Thanks in advance.

 

 

VCS are not members of the BPA. No POPLA.

 

 

If you have named the driver at the time of the event and given their serviceable address, then the registered keeper has been absolved of any liability for the charge.

 

 

VCS must now ' chase ' the driver. Is the driver the keeper?

[TheHoob]

VCS are not members of the BPA. No POPLA.

 

 

If you have named the driver at the time of the event and given their serviceable address, then the registered keeper has been absolved of any liability for the charge.

 

 

VCS must now ' chase ' the driver. Is the driver the keeper?

 

Is there a time limit attached to naming the driver? VCS are saying that I had 28 days to declare who was driving and they are now saying it's keepers responsibility. The keeper was not the driver.

 

Thanks for the rest of the replies, i'm currently waiting for the paypal refunds.

[DragonFly1967]

Alas yes. You have 28 days starting the day after you receive the NTK to name the driver if you want to go down that route.

 

Can you give us a clear timeline of events?

 

When was the vehicle parked?

Was it ANPR or a windscreen ticket at first?

When did you receive the NTK?

Any other dates that you think might be relevant.

 

You never know, they *might* have already messed up somewhere else (they wouldn't be the first), which would be a get out card for you.

[armadillo71]

Alas yes. You have 28 days starting the day after you receive the NTK to name the driver if you want to go down that route.

 

 

The driver of the vehicle can be named up until court papers are issued to the RK.

 

Once the PPC has the name of the driver and serviceable address then there is no keeper liability.

 

 

We would have to know all the details as asked above before advising correctly...

[DragonFly1967]

The driver of the vehicle can be named up until court papers are issued to the RK.

 

Once the PPC has the name of the driver and serviceable address then there is no keeper liability.

 

But that's not what POFA says.

 

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph © or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

If the driver was named, and the PPC given a serviceable address for them before the 29th day, I'd say that you were 100% correct and the PPC wouldn't have a leg to stand on. But unless I'm misreading it, I don't think that's the case here.

[armadillo71]

Conditions that must be met for purposes of paragraph 4

 

5(1)The first condition is that the creditor—(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

 

Now 'begin proceedings' means the court process to my mind...

[DragonFly1967]

That'll teach me to read it all then lol

[TheHoob]

Thanks for the responses everyone.

 

Here's a bit more information.

 

7/12/14 - I recieved a window ticket from VCS

14/1/15 - A notice to keeper was issued (my mother is the keeper, I was the driver)

25/2/15 - 'Notice of Intended Court Proceedings' issued to the keeper.

4/3/15 - We sent off to VCS naming me as the driver and giving my address

12/3/15 - VCS rejected this saying that we'd passed the 28 day limit and quoting the 'Protections of Freedoms Act 2012 Schedule 4, para 4 Right to claim unpaid parking charges from the keeper of the vehicle'.

 

So presumably it all rests on what defines 'begins proceedings'?

Edited March 13, 2015 by TheHoob

[armadillo71]

Well now we know you had a NTD, then the last few posts are irrelevant then...

 

The RK has the option to ignore everything sent apart from court papers, or you can post up pictures of the signage at the site and redacted copies of the NTD and NTK, so we can see if they have followed schedule 4 of the POFA to the letter...

 

They probably haven't by the way.