Jump to content


  • Tweets

  • Posts

    • I repeat, the seller has the right under the CRA to repair. That is exactly what they have offered.   The OP doesn’t even know what the fault is, you cannot simply reject if a light has appeared. OP is being completely unreasonable.   The CRA is designed to be fair to both parties, it is not one sided.         
    • I only got the car 3 weeks ago, had the car serviced as it was coming up to the service date and was advised by the garage that the Tyres were illegal so I think it’s cut and dry really. The fact is I was allowed to drive a car off the forecourt with 2 bald tyres and I was told by dealer the car had been checked and surely Tyres should have been part of the check.
    • Less than 100 miles not enough miles or time to wear the Tyres enough according to the garage. I’m more angry I could have got up to a £5000 fine and 6 points, what would the dealership responsibilities be then? 
    • If the OP follows king’s advice and then the neighbour’s roof leaks, who do you think the neighbour will blame? a) the dodgy “roofers” (who will be long gone), b) the OP for “damaging a perfectly good repair” (even if they don’t damage it, and it wasn’t a good repair!), or c) someone else   King may be technically correct, but the OP following their advice isn’t likely to end well if the neighbour is already ‘difficult’. 
    • I sent a SAR. which also provided a copy of proof of ID, last month to Northumbrian Water, and received no reply whatsoever.   After the 30 day deadline passed i sent off a complaint form to the ICO and sent a letter of claim to NW for breach of statutory duty. (As up until today they had failed to respond in any way to the request that was made)   Today i received a reply saying the my ID wasn't in the standard format and they could not accept it,   (The exact same copy of ID has not been an issue before and the exact same image was accepted perfectly fine by a previous energy company i SAR'd), and that they required i give them 2 forms of I.D, 1 from list A and from List B Along with questioning the alternative address like i mentioned above.   I wanted the request to be sent to the alternate address, as i work full time and i'm not always at my home address, i'd most likely not be in at a time when it can be delivered and can't get to the delivery office easily enough before it would be returned back undelivered. (Which i wanted to avoid happening again as this happened to the last SAR i made.) The address is my partner's address, where i regularly go and who also works from home and wouldn't have issues receiving/collecting mail.
  • Our picks

    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
Blind7383

VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

Recommended Posts

Followed previous advice for others in the same boat.

Aos submitted on 30th.

I presume ONLY 9 days left to send in defence.

 

1 Date of the infringement 08/10/17

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/17

3 Date received Not received as was out of country. Have passport stamp as proof.

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No

 

5 Is there any photographic evidence of the event? yes

 

6 Have you appealed? {y/n?] post up your appeal] no

Have you had a response? [Y/N?] post it up No

 

7 Who is the parking company? VCS

 

8. Where exactly [carpark name and town] St Marys Gate retails park. Sheffield

 

For either option, does it say which appeals body they operate under. IPC

 

If you have received any other correspondence, please mention it here DRP,LBC,CC

 

My mother was issued the second PCN on 21st Dec 17 due to non response to the first but received first week of january 18 probably due to holidays. Unfortunately she came across the letter on last date of appeal.

 

Both my parents are elderly and classified as disabled due to their various ailments.

The letter stated that she had no right of appeal but can give mitigating circumstances but before the last date.

 

After that received a couple of debt collectors letter, LBC in July and now CC claim as mentioned above.

 

To begin with they had idea where the location of the infraction was.

As it is with some elderly people in their 80s some memory loss is inevitable.

Im half their age and feel what they do.

we finally figured out the area with help of this forum.

 

They don't take the blue badge liberties for granted but in their understanding this parking area was towards a side where there was no signage.

My mother requires constant attention as she is prone to falling and my father missed any signage.

 

As per their understanding blue badge holders are given some margin.

They also had their grandchildren with them at the time who are a handfull.

 

Unfortunately my mother did suffer a nasty fall and as was incapacitated for quite a while. My father took her back home in taxi instead as the area was closed to other cars. The only witness that can attest to this is my father and probably the GP.

As she has had knee and shoulder replacement done she's kept under check.

 

My father retrieved the car according to the ANPR after a stay of 150 mins whereas the time limit was 60 mins.

 

I came across a similar post where I understood that the PCN didn't comply with being served in time.

I hope that is the case.

As they themselves have stated the exact dates on the PCN.

 

The second PCN seemed as if they wanted it to reach the very last date so that out of fear one should pay up.

 

I now request all the gurus to guide me in drawing up a suitable defence.

 

I hope I don't let my mother down as i took responsibility to sort it out as to be honest its just not something they could have dealt with given the situation and due to this forum I feel she has a chance. Its also ridiculously expensive for a pensioner.

 

Thank you and hoping for a favourable reply.

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Hello and welcome to CAG. I expect the gurus will be along over the course of the day to advise you.

 

 

What day you think your defence needs to be submitted please?

 

 

Best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Date on the claim form please...AoS date is irrelevant in working out your correct defence date.

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

@Andyorch

 

Date of issue CCF: 16/08/18

 

Sorry I was under the impression the Defendant had 14 days from date of submission of AoS.

 

Thanks for the reply and taking interest!

Share this post


Link to post
Share on other sites

Monday the 17th your defence is due by 4.00pm

 

You do get a further 14 days...but you can acknowledge claim anytime within the 19 days from the date on the claim...so the your AoS date does not check the 33 days...the issuance date does.

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

If your parents are sure that there was no ticket on the windscreen on the day nor does one show on the photographs of the car then the NTK is useless as it has been timed out-they only have 14 days to get it to you.

Please do not write to them yet wait until we know the full extent of the mess they are in.

Share this post


Link to post
Share on other sites

can you please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

so YOU have the correct info on what to do and when

and we have the correct info to advise you.

 

have you sent cpr yet?

if not get it running tomorrow

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

 

 

 

thread title updated


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

who is the keeper of the vehicle?

are we talking about more than one event?

Share this post


Link to post
Share on other sites

@Andy- thank you!

 

@lookingfor- None. Neither on the day, hence they didn't even realise they had such an issue.And neither do the pictures i checked online show any..ANPR PCN NTK was issued 45 days after incident.

 

@ericsbro- only one event ever. my mother is the keeper.

 

@DX100- thank you. Going to do it now. The second link is brill!

Share this post


Link to post
Share on other sites

Name of the Claimant?Vehicle Control Services ltd Sheffield.

 

Authorised by claimant- signed by Simon Ren-smith (claimant)

 

Date of issue – 16/08/18

 

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

 

1.The Claimant’s claim is the sum of 150 being monies due from the Defendant to the Claimant in respect of a Charge Notice(CN) for a contravention on 07/10/17 at St Mary’s Gate Retail Park Car Park (Sheffield). The CN relates to a XXXX under registration xxxx.

2.The terms of the CN allowed the defendant 28 days from the Issue Date to pay the CN, but the Defendant failed to do so. Despite demand having being made the Defendant has failed to settle their outstanding liability.

 

3.The claimant seeks recovery of the CN and interest under section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up to the date of Judgment or earlier payment.

 

What is the value of the claim?- 175

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim?

 

Issued by private parking company. First PCN NTK, second PCN, LBC and now CCCF.

 

Please note:

AoS submission 30/08/18-Defending all of claim.

Last date for submission of defence-17/09/18

 

Filled to the best of my understanding. Im going to finalise the second link now. It'll be addressed to the signing authority with address of VCS?

Share this post


Link to post
Share on other sites

just send it to VCS as is


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

so regarding the service of the NTK, you say you were out of the country

- as your mother is the keeper was she out of the country?

 

As you are presumably dealing with this on her behalf do not refer to yourself at all but refer to your mother in the first person so when you say I you are referring to her as it will be her who is being sued as the keeper/alleged driver at the time.

This is important so we can ensure that all the right things are done.

 

Do you still have the NTK, if so can you post it up with personal details redacted and all bar codes etc removed.

VCS dont use the POFA but then tell lies to court so we need to know where to start picking holes in thier claim

Share this post


Link to post
Share on other sites

why do you keep talking about 2nd PCN

this claim is for ONE PCN, so they've received 2 but only one is being litigated on to date?

or are you mixing your abbreviations here.

 

we need to see the NTK in relation to the stated PCN on the claimform please

scan it up to PDF

read upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Gosh...so sorry to confuse the issue. Im looking at things from my end instead of yours.

Im doing this for my mother. She was out of the country.

Only one contravention occurred. By the second PCN means the final reminder sent as my mother didn't not take any action towards the initial PCN NTK (never received)

 

'As you are presumably dealing with this on her behalf do not refer to yourself at all but refer to your mother in the first person so when you say I you are referring to her as it will be her who is being sued as the keeper/alleged driver at the time'

Thank you. I shall be extremely careful when answering the claimant.

 

She does not have the initial PCN NTK, only the PCN-Final reminder which states that she was issued NTK. I can upload the Final reminder only. I checked the evidence on myparkingcharge.

Share this post


Link to post
Share on other sites

This is not uncommon and VCS will produce a copy and the court will have to accept their word that they sent it even though they seem to lose a lot of their letters in the post and all of their screen tickets somehow get removed by unauthorised persons before the driver has a chance to see it.

 

A cynic would say this is done deliberately so they dont have to offer a discount as you can never respond within the discount period and it also makes it harder to use the POFA to show their NTK is defective ( they had 4 years worth of court losses before they started having trouble with the post and then the good times rolled.)

 

When did they claim they issued the NTK as that date will be on the reminder.

It would also be worth her asking the DVLA who accessed her keeper details and WHEN, that will tell you somethig as VCS have a sister company and if it wasn't the right entity again you have them banged to rights and grounds for a counterclaim.

 

Next thing will be to send the a CPR 31.14 request for documents and you ask for sight of the contarct between the landowner and VCS that assigns the right to enter into contracts with the public and to make civil claims in their own name.

 

Again they often confuse VCS with Excel or have out of date contracst that mean they cant sue and win.

Also they often sign a deal with a managemnt co or bod who has no authority to sign away the landowners rights so ask the Valuations Agency or local council who owns the land. This wont be the occupiers

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

According to the PCN Final Reminder

- A Parking Contravention was detected and recorded by ANPR cameras at the site specified above.

The reason is for the contravention is specified above

i.e. 80)Parked for longer than the maximum period permitted.

Contravention date 08/10/17

 

The driver of the above vehicle is liable for the parking charge.

...this charge relates to the period of parking including remaining at the car park site between entry and exit times specified in this Notice..

..incurred for the reason stated and liability

..having been brought to the attention of the driver by clear signage in and around the site.

.Photographic evidence and data on file to support in accordance with DPA 1998.

 

View evidence.

.if you consider information has been obtained inappropriately.

.complain to Information commissioner.

 

A Notice to keeper was issued to you,

registered keeper of vehicle by post on 22/11/17

...records indicate no response.

 

It is now too late for you to appeal as the timescale has elapsed..

. may consider a late appeal.

..payment due 100 within 14 days no later than 04/01/18.

 

Important Note. If not paid or appropriate response not received by 04/01/18 we will pursue you..

 

@ericsbro,

they have admitted themselves that they issued the NTK 45 days after the Contravention date,

it was an ANPR ticket and no windscreen ticket(and seriously there was none,otherwise wouldn't have left it to go this far)

 

All the letters receive are about "pay up or else" never considering the impact it may have on a vulnerable adult.

to be honest I was so close to not defending this and my mother was so scared that she offered to pay but then a google search brought me to this forum.

My mothers doctor and my father can give witness statements.

 

Do you think a simple letter now, not giving away defence points sent to PPC, just explaining the circumstances,offering to pay court costs would help to show the judge she tried or them giving this up?

 

I will indeed get in touch with the DVLA,

so if VCS didn't ask them but one of their sister companies like EXCEL did,

does that go against them?

 

I believe VCS will not send me the documents for CPR 31.14 within 14 days and I have just 10 days left to file a defence.

 

With regards to asking the landowners/valuation agency/local council,

why would they be inclined to answer my query (also the fact that I've no idea how to figure who the landowner is).

 

In your experience do you feel that PPC cares enough about CPR 31.14 to not then pursue the claim?

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

local 99% of what you are asking is already covered in 1000's of thread here

go read some.

 

pop onto your local councils website

planning permission section

find the PP for the signs and the ANPR equipment IF it exists and WHO got it

 

find the original planning consent for the complex - the should tell you the current owner of the land

find out if VCS has a CURRENT parking contract.

 

they don't have to respond to your REQUEST

but they must produce all the paperwork they intend to rely upon at the disclosure [witness statement] stage.

that doesn't mean you get statements from anyone

YOU are the witness [well you are pretending to be her in all / any correspondence/response]


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

as you say, NTK issued too late so no keeper liability. How did she offer to pay? by phone? If so that wont have created a liability.

 

Now when it comes to a court hearing you can attend with her as her lay rep and speak on her behalf.

Chances are VCS wont actually get to court but will do anything to get her to settle up to the day beforehand so keep an eye on the calendar for the relevant dates and if they are late with anything then you slap in a complaint to the court and ask for the claim to be dismissed.

 

Now this will probably not cause any such action but the letters will go in the judge's file so when they read it the first thing they will want to know is why is such a prolific litigant screwing things up and the quality of their answer may very well make it the last they get to say.

 

It really isn't that scary, a bit more like an interview and nothing like a trial you see on the telly.

Get all your paperwork nicely sorted and take copies of everything you can think of.

Dont bother mentioning vulnerable people, doctors etc, that will get you sympathy but is completely irrelevant to the law.

 

You cant murder people just because you have a bad leg so if you are mentally fit enough to make decisions without the court of protections say so then you can be responsible for this. however this is for the future.

 

and yes, do complain to the information commissioner as they have no reason to access keeper details after the 12 days allowed to create keeper liability under the POFA so they lied to the DVLA and broke that contract and cannot assume the keeper was the driver as the section of the Road Traffic Act they like to quote isn't applicable on private land

Edited by Andyorch
Typos

Share this post


Link to post
Share on other sites

"as you say, NTK issued too late so no keeper liability. How did she offer to pay? by phone? If so that wont have created a liability."

No. I meant now at this point so if they think its a losing case they'll just back off.

sorry for not being clear.

I guess not a good idea as that will confirm liability.

 

Brilliant.

Thank you so much.

I feel so much more confident.

You guys are very kind.

Thank you.

Ill be back soon!

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

Nothing in the planning applications pertaining to the car park,signage, anpr...200-202 Eyre Street (address of Deli Theatre and Office outlet , occupiers of the complex)

 

The only signage permission has been taken by Office which was previously staples.

 

The planning consent is for the elevation,floors etc but not act the car park.

first taken in 94 and then in 2008 by two separate entities

 

. I did a google search it seems like the retail park was advertised by Harry Spack Field.

 

I think i should ask them as the landowners?

who they gave the car management to?

and request the contract?

 

I hope I'm doing this right.

. Ive also asked a former council employee to help find out.

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

you can ask the Vlauations Agency or the local council, both have an interest by way of business rates.

you wont gte a response from the landowner because they will sense that you may try and bite their bum over this but it can nevrr hurt to ask

Share this post


Link to post
Share on other sites

Update:

Cpr 31.14- awaiting (recorded delivery)

DVLA data request- awaiting

Planning consent signage/contract for parking management info- awaiting

Found PCN NTK in junk mail- uploaded

Pictures of signage in car park- No signage in entire area of disabled parking

Need to prepare defence to submit by 17/09/18

Gone through the defence template and need advice.. will paste in next post shortly.

Share this post


Link to post
Share on other sites

Signage pictures of parking lot.

 

No signs anywhere near the disabled parking or near the entrance.

 

Seems like they want disabled badge holders to incur parking charge.

 

Valid file for viewing..

SIGNAGE.pdf

Share this post


Link to post
Share on other sites
just use the two line one

 

"It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 paragraph 9(5). The Notice to keeper failed to reach within 14 days of contravention date."

Is this enough?

Share this post


Link to post
Share on other sites

1.The Claimant’s claim is the sum of 150 being monies due from the Defendant to the Claimant in respect of a Charge Notice(CN) for a contravention on 07/10/17 at St Mary’s Gate Retail Park Car Park (Sheffield). The CN relates to a XXXX under registration xxxx.

 

2.The terms of the CN allowed the defendant 28 days from the Issue Date to pay the CN, but the Defendant failed to do so. Despite demand having being made the Defendant has failed to settle their outstanding liability.

 

3.The claimant seeks recovery of the CN and interest under section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up to the date of Judgment or earlier payment.

 

1. It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012, Para 9(5), the Notice to Keeper was issued 45 days after the date of contravention and not within the stipulated period of 14 days.

 

3. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all."

 

My last date for submission of defence is tomorrow 17.09.18. I hope to send this tonight.

Please advise me if the above is correct..

Thank you

Edited by dx100uk
poc added

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...