VCS WINDSCREEN PCN Claimform -- incorrect reg! - Scunthorpe, wasn't a proper car park, it's VCS's site number 02871 ***Claim Discontinued***

[sirpercival]

Hi,

 

New here, hope someone can help me.

 

I received a Parking Charge Notice this evening,

in hindsight, I should have noticed the sign opposite my car, but I didn't, so here we are.

 

If you look at the image,

 

the notice doesn't seem to explain exactly WHERE parking is restricted

and I was parked by a kerb with no lines (yellow or otherwise) anywhere near it.

 

The offence on the ticket is listed as "other" and scrawled on there is "no parking in garages"

 

- I was not blocking any garage, it was on a side road which gave access to the garages but I wasn't blocking the way or anything.

 

In any case, upon further inspection, the ticket has an incorrect reg.

number on it (without giving my full reg they have written down an "M" which should be a "W" in both parts of the ticket)

 

 

however the ticket does suggest that the offence was "filmed".

 

My question is the obvious

- what steps should I take now?

 

I understand the advice is often to ignore, and given that they've incorrectly transcribed my reg I am inclined to do just that, however I am concerned that them having "film" of it may allow them to track me down anyway.

 

Any and all advice most welcome (the charge is £100 or £60 if paid in 14 days, I'd rather not pay!)

 

Thanks in advance!

 

sign.pdf

[dx100uk]

please fill this out:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

 

dx

[Oddfellow]

This looks like one of those cases where they are inviting you to agree to a contract for an action which they have prohibited ("No Parking").

 

 

I'm sure the experts on here,

who will look at your case when you have fulfilled DX's instruction,

will tell you that you cannot create a contract under these circumstances,

so any claim they make is doomed to fail,

as they would be suing you for breach of a contract which cannot exist!

 

 

You've come to the right place. Follow their advice and you'll be fine.

[sirpercival]

Cheers mate - have had a look on here previously as there are new parking restrictions where my parents live so was trying to be prepared for the ticket I will inevitably get at some point when visiting them...most of the signs there have been torn in half though, so I reckon that should be a pretty easy out if it ever happens.

 

Dx, firstly, great pic, love a bit of RW.

See below for answers to the form questions.

 

1 The date of infringement - 29/11/16

 

2 Did you appeal to the parking company - not yet

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) - N/A

 

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process - N/A

 

5 Who is the parking company - Vehicle Control Services LTD (appeals to IAS)

 

6. where exactly [Carpark name and town] did you park? Sc**thorpe, wasn't a proper car park, it's VCS's site number 02871 and is approximately as shown below

 

Hope this helps

 

Thanks again folks!

 

meant to add, no notice to keeper as yet (would be a fast turnaround if I HAD been sent one already!)

 

map.pdf

[ericsbrother]

Ok, ticket slapped on screen means you wait for the NTK through the post which must arrive between 29 and 56 days after the event.

 

 

As they cant get much right do nothing until then and come back here for further advice.

 

 

The signage doesnt form a contract anyway, typical VCS ignorance

[sirpercival]

Cool, that sounds good - thanks, here's hoping they're as incompetent as their wardens and I don't hear from them ever again!

[ericsbrother]

If they do dig out your keeper details they will have a hell of a job explaining why they had a "reasonable cause" to do so.

 

 

The crooks will probably send out a demand to both you and the other keeper whose reg details they have got by error.

 

 

They would then hope that you are both ignorant enough to pay up.

[sirpercival]

Hullo again - just received the NTK today, where do I go from here?

 

Thanks in advance!

[Oddfellow]

Suspect the experts will ask you to post the NTK here, having deleted all references to your name, reg number and PCN reference number (in short, anything that could identify you as the driver by anyone reading this forum).

EB's last line in post #5 still stands. They won't beat you if you defend this.

[sirpercival]

Will post images when I get back in from work this eve.

[ericsbrother]

it looks like they have photographed the car and then used that information to access the DVLA database to get the keeper details.

 

 

It them begs the question what part of the law are they using to serve notice on you?

 

 

As they cant rely on the ticket on the screen and the NTK is too late for para 9 to create a keeper liability they then have to tell lies to get anywhere.

 

 

That, unfortunately is all too common

[Oddfellow]

EB, looks from previous posts like he got an NTD at the time, reinforced by some photography. NTK looks to be in time for POFA.

 

 

Presumably defence is that the signage is prohibitory, so the worst OP was doing is trespassing.

[sirpercival]

ntk

 

 

NTK.pdf

[Oddfellow]

My eyesight isn't what it was, so I can't see a lot of this content, but it is headed "Notice to keeper/driver". Well it can't be both! IMHO, not POFA complaint.

[ericsbrother]

NTK not POFA complaint,

they dont say who the creditor is

( they have to do this to be able to claim in their own name

- if not then they have no authority to ask you to pay them)

 

They also say that your details were obtained as keeper or owner of the vehicle.

Well, the DVLA doesnt keep records of the owner so that assertion may well be construed as getting the information withoout a reasonable cause to do so and thus a breach of the DPA.

 

 

AS the ticket has a diffrent car reg number you can easily argue that the letter should have arrived within 14 days and as it didnt there is no keeper liability.

They cant prove they have got it right and they must know this.

 

 

Saying they slapped a ticket on the right car but got the paperwork wrong wont wash UNLESS they get the muppet who cant read and write to turn up to court in person and explain why he did what he did and then VCS explain that it is common practice to doctor their paperwork to fit in with the story they want to tell.

 

Signage is garbage as you already know so all in all not a chance of getting money but that wont stop them trying.

 

Advice?

Tell them

"that they have no cause to claim a penny as they have failed to follow the protocols of the POFA and that you will counterclaim under the decision of VCS v Philip if they continue with this folly".

 

I would suggest that you dont tell them why they are wrong and keep all of your evidence tucked away nicely as Simon is pretty stubborn and is happy (?) to lose any number of unwinnable claims just to look big in front of his ex-clamper mates

[sirpercival]

Hi,

 

Thanks for the advice - so if I go back to them at the email address supplied (cpo@vehicle control.co.uk) and say something like...

 

I recently received a notice to keeper/driver ref no xxxxx dated xxxxx.

 

I do not recognise this charge - VCS have not complied with with the Protection of Freedoms Act and as such must withdraw the charge immediately.

 

If you progress this matter further I will be forced to counterclaim under the decision of VCS vs Philip.

 

Sincerely...

 

In their appeal notes they also ask for the PCN ref number and any supporting information/evidence which would be a copy of the PCN - do I provide them with these or does that just serve to confirm I received it?

 

Thanks again!

[dx100uk]

you DO NOT use or give them an email

that gives them a free route to harass you.

 

 

make them WASTE money on postage.

 

 

the blue text above is ALL you send

other than the PCN/REf no from their letter.

[sirpercival]

Okey doke - noted, will post it out tomorrow and come back when I hear more.

 

Cheers folks.

[sirpercival]

Came home to find the below on my doormat...do I appeal to the IAS?

 

 

appeal refusal.pdf

[ericsbrother]

no appeal to the IAS, they are a kangaroo court, as per the definition in the dictionary.

 

Looking at their letter it is a stock response and not even a decent cut and paste job so not obeying the spirit of the law in this regard but to be honest we wouldnt expect anything else.

 

What to do? Wait for tehm to get their solicitors (probably Gladstones, whose partners are also the only directiors of the IPC and the IAS so no conflict of interest there is there) to write to to.

 

When they do you will see that the amount demanded leaps to £140 or some other made up amount. This is to allow Gladdyd the opportunity to earn a few quid out of the deal otherwise they would be working for free and rely on taking the matter to court to get paid and that is illegal as Champerty and Maintenance and we all know that solicitors, especially John and Will, are paragons of virtue and would never breach their solicitors oath by telling lies or acting in a manner that breaches the Civil Procedure Rules ( this is something you should read up on. and you will understand ).

 

When you get this new demand you should respiond to create a paper trail. A suitable response will be suggested when you get the demand.

 

Under no circumstances alter it to make it polite, that will make it more likely that you get a county court claim. Letting them know you are up for a fightmeans they will rather go quiet than lose at court, they play the numbers game on this as 85% of people dont fight

Edited February 10, 2017 by honeybee13
Paras.

[sirpercival]

Hi again, just had this through the post today (sorry about the poor lighting), what do I reply with?

 

Thanks in advance!

 

DR+.pdf

[dx100uk]

powerless they are not bailiffs.

 

 

 

[ericsbrother]

have you read any of the threads on this forum?

YOU DONT RESPOND TO A DCA ever.

they are rentathreats and have no interest in any matter so cant do or say anyting that counts.

 

 

If you do pay them they dont have to forward the money to the parkingco and you will still owe the money if it was a genuine debt.

 

 

That is how trustworthy these bandits are, completely unregulated because they dont feel like obeying the law.

[sirpercival]

Hi ericsbrother,

 

So I ignore it and wait until I hear again then?

 

Thanks

[dx100uk]

Go read post 20 again