VCS Issued Ticket Where Ticket was Paid for - What to do?

[SGITamworth]

Hi,

 

 

I'm hoping someone may have the knowledge to help! I pay for a quarterly parking pass to park in a private car park attached to a shopping centre near to where I work. I've been parking there for around 18 months without issue.

 

 

At the beginning of January I transferred payment to the company for the next 3 months of parking, all good. Usually, they deliver a paper pass to my place of work. After a week or so, I hadn't received this so I rang the office to chase it up and they agreed to look into it for me. It was agreed (over the phone unfortunately) that in the meantime I would display a note in the window stating 'paid & waiting for new pass'. The next day, I received a ticket. When I called back, the office claimed to have not received my payment, although later in the month they admitted they had found the payment and have since issued the paper pass for the period.

 

 

VCS are now pursuing me for payment of the ticket. I have already emailed them the details outlining the mix up with the office but they maintain I have broken the rules by 'Not displaying a valid pass'. Please could someone advise whether:

 

 

A) I have a case to appeal

B) Who to speak to next?

[armadillo71]

Hi,

 

 

I'm hoping someone may have the knowledge to help! I pay for a quarterly parking pass to park in a private car park attached to a shopping centre near to where I work. I've been parking there for around 18 months without issue.

 

 

At the beginning of January I transferred payment to the company for the next 3 months of parking, all good. Usually, they deliver a paper pass to my place of work. After a week or so, I hadn't received this so I rang the office to chase it up and they agreed to look into it for me. It was agreed (over the phone unfortunately) that in the meantime I would display a note in the window stating 'paid & waiting for new pass'. The next day, I received a ticket. When I called back, the office claimed to have not received my payment, although later in the month they admitted they had found the payment and have since issued the paper pass for the period.

 

 

VCS are now pursuing me for payment of the ticket. I have already emailed them the details outlining the mix up with the office but they maintain I have broken the rules by 'Not displaying a valid pass'. Please could someone advise whether:

 

 

A) I have a case to appeal

B) Who to speak to next?

 

Who is the company you pay money to and what is their relationship to the car park?

[SGITamworth]

Hi Armadillo,

 

 

The company I pay is Eddisons Commercial Property Management and they manage the property (including the car park) for Coopers Square shopping centre in Burton.

[armadillo71]

Hi Armadillo,

 

 

The company I pay is Eddisons Commercial Property Management and they manage the property (including the car park) for Coopers Square shopping centre in Burton.

 

Then they can get the charge cancelled for you. In fact they must, you have the right to park there .

 

What is the full name of VCS please,as there are similar PPCs with those intials.

[SGITamworth]

It is 'Vehicle Control Services Ltd' who have contacted me.

 

Do you think my next point of action is a letter to Eddisons?

[ericsbrother]

You have a contract with the managing agents so any breach is their failure to perform to that contract. VCS are rather greedy and I must say a little thick so you wont get much joy from them but whyat I would do is write a letter to Eddisons copied to VCS saying that you have received this demand and if it is valid then they should pay it as you have paid the prescribed fee to park and it is their failure to provide you with the service paid for (ie a parking pass) that has caused this demand to be made. If they cannot persuade VCS to cancel it for their errors you will be suing them for your losses and costs incurred becassue of their failure to perform their obligations.

You dotn need to worry about any of this, VCS dont actually have a leg to stand on as far as the merits of their claim as they have an agreement with a company that doesnt have the authority to allow them to claim from you anyway. More of that later if necessary

[SGITamworth]

Ericbrother,

 

Thank you for your input, this has put my mind at ease a great deal. This is the first time I have been pursued for money by anyone. I am so glad I took the time to research this which led me to this forum.

[ericsbrother]

get the letter and copy to VCS off and if Eddisons dont make VCS cancel it isnt the end of the world (but you could sue them if you want to spend your time on this matter) as there are plenty of other reasons why the claim is flawed

[SGITamworth]

Hi, bit of an update.

 

I emailed the Centre manager asking for an email address relating to the penalty notice and he called me to discuss the issue. He has said that if I get photographic evidence that the old, out of date permit was displayed at the time the penalty notice was issued, he would cancel the ticket.

 

I am not sure if I did display the old ticket, or if I was ever told to do that. I asked why it was necessary and he said 'you could be parking more than one car in the car park'. He said this had happened before.

 

Surely this changes nothing? He admitted they have had issues on the payments side.

[SGITamworth]

Sorry I need to get my terminology right. Parking Notice not a Penalty Notice.

[ericsbrother]

This is what happens when you try to be accommodating, tell him to stick his offer as you have a contract with them and they have broken it so they either tell VCS to cancel or risk being sued.

You will get nowhere being nice with either managing agents or parking companies because they are only there for the money and have no vested interest in the place so they dont care about anyone else.

[ericsbrother]

everything in writing from now on.

[SGITamworth]

Thanks, I thought that was the case.

 

I have said I will pursue them for breaching the contract. I'm going to fire off some information to Trading Standards later today too. The Centre Manager admitted that they've been through 3 of these parking enforcement companies recently and even admitted the parking situation there is badly managed and that VCS aren't very good.

 

At first I wondered whether I should cave and pay but they are not getting a penny. Speaking to them has riled me.

[ericsbrother]

As VCS dont have any grounds for making you cough up I would put that thought to the back of your mind.

Just remember, the parking co only has a right to make contracts and claims if they have the assignment of those rights from the landlord. They dont, they were signed up by an agent who cannot give away the landowners rights so ultimately no contract between you and VCS is enforceable.

It is a bit like me employing an estate agent and telling them that I dont want the people viewing my house they are selling for me parking on my drive and the estate agent then getting some bloke to slap a ticket on my sister's car when she visits and then saying she has to pay because they say so.

[SGITamworth]

Cheers mate, that analogy has made me laugh in a day that has been filled with frustration. The more I read up on all this, the more it seems utterly ridiculous.