VCS/BW claimform - PCN Liverpool on March 24th 2015

[Hartley Hare]

International business park Liverpool on March 24th 2015 - No Stopping Area

 

I made a left turn into what I thought was the site entrance where I was due to work that day.

I was wrong and it was a mistake.

It was an entrance to an unused site, blocked a few car lengths in by concrete barriers,

I had no option but to perform a U turn.

 

 

After completing this I was perfectly positioned at the T junction to return onto the main carriageway.

At this point a silver van drove slowly across the junction,

temporarily preventing my immediate re-entry,

the van then pulled up blocking my left side view of the carriageway.

 

 

At this point I noticed a camera panning around so I got out of my car opened the van door and confronted the woman inside

. I asked what she was doing and I was told “you’ve stopped in a no stopping area”,

 

 

I replied that I was only stopped while checking the carriageway was clear as per the highway code

(which it obviously hadn’t been as she was driving along it towards me).

 

 

She clearly wasn’t interested in my argument,

so I took a few photos of her van which was parked on yellow lines in the enforced ‘no stopping area’.

I suppose I was stopped then but only due to her actions.

 

I feel that I should not have to pay a fine for a genuine mistake (wrong turn).

on the basis that I never actually stopped until I was forced to by the circumstances created by the mobile camera van.

The signage was awful also.

 

I now have a county court claim dated 3rd August & have submitted an acknowledgement of service form to the court online.

claim total £238.96 including court fee and legal rep costs.

 

I have never admitted I was the driver of the vehicle.

 

Any help would be greatly appreciated.

[Stigman]

Hi & Welcome to CAG,

 

Please can you click on the following... http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014

Have a read and answer the questions by copying and paste to this thread.

 

Stigman

[Hartley Hare]

Hi & Thank you,

 

Name of the Claimant – Vehicle Control services ltd

Date of issue – . - 3rd August 2016

 

 

What is the claim for – the reason they have issued the claim? –

In respect of a parking charge notice (PCN) issued on 24th March 2015 at International Business Park, Liverpool Peel L & Property Ltd.

 

What is the value of the claim? £164 + court fee £25.00 + Legal Rep £50.00 = total £239.00

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. VCS

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No

[dx100uk]

ohh this one sounds good

entrapment by the camera van!!

 

 

BW/? have issued 1000's of court claims in the last weeks

easily deal with.

 

 

don't forget to ack [AOS] the claim on MCOL website

 

 

defend all

leave jurisdiction unticked

[Hartley Hare]

Yes thanks, i did that yesterday on the Moneyclaim.gov.uk web site.

 

So do i just send the photo's and the notes i put on here as my defence?

 

Thank you for your help & suport

[dx100uk]

we'll deal with that later no rush.

 

wait for eric to pop up

and well concoct a cpr 31:14

[ericsbrother]

it is simpler than that,

no stopping is prohibition so not a contractual matter and VCS then have no cause ofr action.

 

Thye have lost a good few of there and will continue to do so.

 

Im would be sending VCS a £10 cheque and demand a copy of all the "data" they hold on you as a request under the DPA to include the video the woman took.

 

If the7y say they havent got it

then a complaint about the destruction of your data should be made to the ICO as you wish to rely on it as evidence in a couet case and it isnt forthcoming.

 

That will take time but you should request a stay on proceedings whilst this matter is being dealt with.

 

A CPR 31.14 should get you the same evidence but they will try and avoid handing it over and there will be no comebac in them, unlike the ICO complaint.

[dx100uk]

So send an sar

 

And a cpr 31:14

[ericsbrother]

the discovery request should get them to show what they intend to use but not necessarily all that they have.

 

 

By all means go for both as that will cause them the most trouble

but if they comply with the CPR request and not the SAR and then say they have handed over all of the data they hold

(or at least anything of substance) it will be harder to whack in a complaint to the ICO.

 

Really though, the best case scenario is they just discontinue the claim when they get both requests and know you arent going to just lie down and pay up.

 

 

this is all about numbers,

they send out 1000 claims with inflated costs (that £54 added for no reason for example)

and 75% of people pay up that has more than paid for the costs of the other 25% just from the magic costs alone!

 

 

That give then an incentive to drop the awkward cases as other wise they start to lose money

and if they get hit with unreasonable behavious costs orders they then lose 50% of their gains from the roll-overs.

[Hartley Hare]

Thanks for the responses, i'm still work, sorry for the late reply. i will look at your advise and proceed with your recommendations tomorrow. Would it help at all if i upload a couple of the photos on here later/tomorrow with plate covered etc?

[ericsbrother]

seeing the original NTK would be best, they usually get that wrong so no claim against keeper anyway.

[Hartley Hare]

I don't have enough posts to post photos apparently. Was it the original PCN that you wanted?

 

I'm going to work now but i'm around this afternoon, again sorry for the delay. Its a busy time for me at the moment but i do appreciate your help.

[Oddfellow]

I don't have enough posts to post photos apparently. Was it the original PCN that you wanted?

 

I'm going to work now but i'm around this afternoon, again sorry for the delay. Its a busy time for me at the moment but i do appreciate your help.

 

 

No, they want to see the Notice to Keeper

(the letter you should have received from the parking co informing you

that they have got your details from DVLA under the Protection of Freedoms Act 2012.

 

 

As a PDF, with all your personal info removed,

or the site team will reject it.

Read the rules on how to upload files.

[Hartley Hare]

I don't think I've received a NTK I will double check when I get home as I've kept all correspondence letters but that doesn't ring any bells.

[ericsbrother]

it will be the first letter you got showing the pictures of your car "stopped".

[Oddfellow]

I don't think I've received a NTK I will double check when I get home as I've kept all correspondence letters but that doesn't ring any bells.

 

If you *haven't* been sent an NTK,

they would need to know the identity & address of whoever was driving.

 

 

If you haven't admitted that at any point,

it strikes me that they are out of time under PoFA.

 

 

Is there any chance that your vehicle is registered at another address

(e.g. prior to a house-move and you haven't updated your V5C)?

[Hartley Hare]

The PCN was the the first letter I got with the photo of the car that I received.

 

 

It took them ages to send 1srtletter as I'd just bought the car and had a private plate fitted.

 

 

I will attempt to put the pic on here when I get home.

 

 

I've joined photo bucket to act as server. I'm not very IT tech savy.

[dx100uk]

I don't have enough posts to post photos apparently. Was it the original PCN that you wanted?

 

I'm going to work now but i'm around this afternoon, again sorry for the delay. Its a busy time for me at the moment but i do appreciate your help.

 

 

you don't need 10 posts

upload as a pdf follow the guide

[Hartley Hare]

Ok will do thanks

[Hartley Hare]

PCN photo - I don't have an NTK this was all i received. I did begin an appeal but did not submit any info after reading on here that it was a Kangaroo court. i will attach that letter next.

PCN.pdf

Edited August 16, 2016 by Hartley Hare

[Oddfellow]

That looks like an attempt at an NTK. But as ericsbrother has said, they can't issue a parking charge against you as that is stating that you have agreed to enter into a contract with them, and you can't enter into a contract where their condition is prohibitive.

I will leave it to the experts on here to advise on how best to proceed.

 

 

Good luck!

[Hartley Hare]

The appeal letter - i did not admit i was the driver of the vehicle on any correspondence.

VCS - appeal.pdf

[dx100uk]

I like the way they drop In the bit about high security zone.

bugger and ALL to do with them.

 

 

dx

[Hartley Hare]

Thanks Oddfellow, cheers dx100uk.

Time to take my daughter for a driving lesson, i certainly wont be going anywhere near a VCS controlled area that's for sure .

[Hartley Hare]

So after reading through all the posts would this be my next move, or would the info from the attachments suggest a different approach?

 

Thank you for all the contributions so far. I'm hoping ericsbrother has chance to look at the attached files and can give his thoughts.

 

it is simpler than that,

no stopping is prohibition so not a contractual matter and VCS then have no cause ofr action.

 

Thye have lost a good few of there and will continue to do so.

 

Im would be sending VCS a £10 cheque and demand a copy of all the "data" they hold on you as a request under the DPA to include the video the woman took.

 

If the7y say they havent got it

then a complaint about the destruction of your data should be made to the ICO as you wish to rely on it as evidence in a couet case and it isnt forthcoming.

 

That will take time but you should request a stay on proceedings whilst this matter is being dealt with.

 

A CPR 31.14 should get you the same evidence but they will try and avoid handing it over and there will be no comebac in them, unlike the ICO complaint.