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VCS ANPR PCN Claimform - Berkeley Centre, Sheffield, S11 8PN - out of time?


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Hi,

 

I wonder if you could give me some advice about a PCN I have received today. Having seen one of your previous responses I have answered the same questions in order to assist below:

 

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 30/12/2018 @ 13:59 (Letter calls this contravention date)

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Issue Date 15/1/2019 (it says 'posted' ? in brackets at the side of issue date)

 

3 Date received 17/1/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No I cannot see this on the PCN

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up your appeal] NO I have not appealed at this stage.

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Vehicle Control Services, VCS. (I think the address is 2 Europa Court, Sheffield Business Park, Sheffield S9 1XE

 

8. Where exactly [carpark name and town] Berkeley Centre, Sheffield, S11 8PN

 

For either option, does it say which appeals body they operate under. It says on this PCN that any appeals would be handled by the IAS

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE- BPA

 

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

 

I have not received any other information but the letter does say that if payment is recieved within 14 days then I could pay £60 instead of th £100 they intend to charge. The letter also says that if I want to appeal I must do so within 14 days.

 

I am not sure whether or not I have any sort of recourse here, it would be great if you could please give me some advice.

 

Many Thanks,

John.

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They cannot transfer liability from the driver to the keeper as they have failed to deliver the Ntk within time in accordance with the Act (search for "The Protections of Freedoms Act 2012"). As long as the identity of the driver is never revealed they have nobody to hold liable. Although they may well try chasing the keeper they can't succeed, providing the keeper doesn't slip up or lose their nerve.

 

I suspect that they know that they are out of time which is why they have issued you a NtK that doesn't mention PoFA, since they usually do. They're just hoping you'll not notice. Let's make sure though - please post up a redacted copy of the Ntk (both sides) and the resident experts will be in to advise you shortly I'm sure.

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Theyre out of time with the NTK. The NTK has to be recieved by you within 14 days. Even allowing for new years, its still a day late.

 

also, see if you can grab some photos of the signage at the entrace and exit of the car park, and the car park itself. The signage has to be of specific size AND have specific wording and layout to be compliant.

 

Then theres the whole thing about planning permission for the signs which very few carparks ever have.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Many thanks for your comments.

 

I too thought that they had run out of time and it would be great to hear from anyone else who can confirm this? Attached is the actual letter from 'Vehicle Control Services Limited' hope this helps shed some light on the future steps I should take.

 

 

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thread title updated

forget about it unless or until your receive a letter of claim from their favourite fake/tame paperwork only solicitor.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That confirms, they are not relying on PoFA. They know they have timed-out so have sent their "non-PoFA" letter that states "we may pursue you (the keeper) on the assumption you were the driver". They may well pursue you, they usually do, but my dog used to chase cars too.

 

Reading between the lines - might the driver have input an incorrect registration when paying?

 

The experts will advise further....

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they may say they are pursuing you on an assumption but the law disagrees and that should be enough to go after the DVLA for allowing VCS to access the database on that presumption, it is not a reasonable cause and both parties know it.

However, for the moment just let VCS waste a few bob writing their taradiddles and when they threaten you with court action you write back in no uncertain temrs as to your determination to punish them for their behaviour

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Thanks once again for the replies.

I have now attached the doc as a PDF as was mentioned previously.

However I was not sure how to remove the old copies from the site, could someone please do this on my behalf.

 

From whats being said so far it would appear that they are probably in a weak position because of the fact that they have not adhered to the POFA guidelines, probably because they know they are out of time.

 

I will get a copy of the signage they have and post that up to see if there are any issues with the sign etc.

 

Best Regards,

John.

NTK PCN PDF.pdf

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More than a weak position. They have absolutely zero chance of doing ANYTHING.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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sign isnt a contract as it tells you the contract is on the parking meter.

 

The second image is contradictory, it says no need to display ticket but the little flow chart pictures shows a need to display.

 

Also there appears to be no way to pay the £1 fee for the second hour after or during the free period.

 

This makes the offer of free parking for an hour unture for half of the motorists using the site as it is actually £1 for 2 hours parking with the lack of this subsequent payment.

 

The font size and colour makes my eyes go funny so all in all the actual contract(if the second sign is next to the meter) is contracdictory, confusing and poorly displayed.

 

The real big killer though is the sign say EXCEL PARKING and the other sign referring to this one says VCS.

 

That means if VCS are the managers of the site you cnat be offered a contract by Excel as they have no authority to enforce the conditions other than ask nicely for the quid VCS cnat enforce because of thei inadequate signage and lack of contract on said sign.

 

Typical Simon Renshaw Smith cock up.

Still Will and John at the IPC will have vetted this personally so it shows how unobservant and useless they are

Edited by dx100uk
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  • 4 weeks later...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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now the reason for the demand is very specific and allows you to question not only the supposed contractual condition but also the accuracy of their equipment which is known to be dodgy.

Edited by honeybee13
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  • 3 months later...

Hi,

 

I have to say the new site looks great :)

 

Regarding the parking issue, I have just received what looks like papers from a county court from these crooks. The papers look like the normal kangaroo courts you often see now in this country these days.

 

They say I have 14 days to reply but or the judgement may be taken in my absence, if I upload the images here will they be view able by everyone?, that of course is not a major problem I just really don't want to give these crooks any help at all in continuing to extort money from me.

 

Thanks,

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of the Claimant ?  Vehicle Control Services Limited, 2 Europa Court, Sheffield Business Park, Sheffield S9 1XE

 

Claimants Solicitors: None

 

Date of issue 13 May 2019

 

!The Claimants claim is  for the sum of £160 being monies due from the defendant to the Claimant in respect of a Charge Notice (CN) for a contravention on 30/12/2018 at Berkeley Centre Pay & Display. The CN relates to an (Make of Car)  under registration (Car Registration).

 

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 been made the Defendant has failed to settle their outstanding liability.

 

3.The Claimant seeks the 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 date of judgment or earlier payment

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is that exactly ALL the POC says bar you car reg being redacted ??

what about sols cost and sec 69 8% values

 

and what is the total of the claim please

you've missed a few questions off the bottom.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Big gap in the POC though - They don't say why the defendant is responsible for the CN - driver? keeper? If they say "keeper" then why £160 not £100? They can't claim the £60 from the keeper, only the driver. Oh yes, forgot for a moment there - they are ASS - U - ME ing that the driver and keeper are one and the same. Well if I see simple Simon buying lingerie in Victoria's Secret I'll assume that's for him to wear. Also looks like they have not complied with PAP and sent a proper LBC.

 

You'll need to go online and acknowledge but basically VCS will be very silly to proceed once they've seen your defence (draft here first please) and will get a good slapping if they do.

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Yes sorry here are the answers to the questions you are referring to:

 

What is the value of the claim? Amount claimed = £160 Plus Court fee £25, Total Amount £185

 

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 ? Yes the claim has been issued by Private Parking Company

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I am not sure?, I received a PCN which I attached to this article..

 

Thanks

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so you need to acknowledge the claim and the best way of doing that is online via moneyclaim dot gov dot uk.

 

Once you have acknowledged by ticking the box saying you are defending in full you tehn get an extra 14 days to file an outline of your defence. This must be done on time or you can lose by default.

Once the acknowledgement has been done you send VCS a CPR 31.14 request for documents and ask to see their contract with the landowner that assigns the right to enterinto contracts with the public and to make civil claims in their own name and for sight of the planning permission for their equipment and signage. they need 2 separate permissions for this.

 

The chances are they wont respond  and then you can take advantage of that. Give them 14 days to respond and if they dont you comment on their failure to show authority in your defence submission. Dont allow the time for filing to expire whilst waiting for this though, you have other points to make inc the rubbish POC.

 

 

as for your comments about a fake claims etc, it is a good thing you came back here otherwise you would have lost by default. There are websites that tell you that it isnt a real claim because it isnt signed of have a proper court stamp etc etc. Northants bulk centre is for all of the online claims  and is just as real as the other courts apart from you dont go there. Wigan also deals with a lot of online cases and I know Wigan exists as much as Northampton does.

 

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pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

Thanks for that.

 

I am now on the money claim website.

 

May I ask if I am able to answer the questions and then come back and add my case defense in full when I fully know what that will be?

 

I just want to be sure my intention to fight the case is made clear at this stage.

 

I have now gone through and filled in the questions on the Money claim site.

 

When I have completed the questions, it said that

 

A claim was issued against you on (Date)

Your Defense was submitted (Today's date)

 

I can still edit and add the full defense though within the time allowed right?

 

 

 

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read my post you DO NOT file a defence yet

simply complete AOS as advised

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to VCS ANPR PCN Claimform - Berkeley Centre, Sheffield, S11 8PN - out of time?
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