VCS/BW PCN PAPLOC Now Claimform - no permit - Woodside Business Park, Peel Investments, Birkenhead

[Dave962]

Hi

 

I've received the usual letter off BW Legal now asking me to pay £154.

 

Obviously Im though to pay it as I feel there are mitigating circumstances to my case,

however at the same time I don't want my fees to keep rising and rising!

 

I parked at my usual place of work car park without a permit

- I was in a new car after I left my permit in my old car, which was at a car garage far away.

 

I did get in touch with them asking them to send it but it never arrived in time.

It happened during the early hours when the car park was empty.

 

I have full documented evidence and proof of my circumstances,

but after I appealed to the IAS, my case was unsuccessful

- however I still feel hard done by.

 

Please can you help guide me in my next actions,

as I don't want to risk paying more money than I already owe,

but at the same time, feel like these cretins are just abusing their powers of enforcement.

 

Thanks

[Dave962]

Hi Eric

 

Thanks for your reply.

 

However, as you can imagine it is still a bit worrying...how likely is it then that if I ignore it, it will continue to court.

 

Also, just to clear up, again if it does go to court, as the wording on the signage reads "may be liable for charges", does that mean even in the worst case of losing at court, i will only be instructed to pay a max of £100? And any further charges such as the £54 from BW will be written off?

 

Unfortunately, acting on the advice of the CAB, I contacted BW today, and they advised me if it went all the way, I would be expected to pay in the region of £280 in total if I lost, how likely is this??

 

Actually it states in their letter, "In the event of CC proceedings are issued you WILL be liable for court fees, further solicitor costs and statutory interest", so this implies my costs will keep rising!!

 

I'm mega confused

 

Thanks again

Edited May 18, 2016 by Dave962

[Dave962]

Ha thanks dx I know they never had a clue when they were talking to me really.

 

I can see all the questions, but who do I send it to? None of the other links on the page or attachments open for me.

 

Thanks

[Dave962]

Sorry apologies for my misunderstanding.

 

Ok I will do, but I need to go to bed now as I'm up in a few hours for work. Ill have a good look at your questions and have a close look at the small print on my PCN form, and get back to you asap tomorrow.

 

Many thanks, I really appreciate your help.

[Dave962]

HI Dx

 

Please find my response in Caps. Please let me know if you require anything else...

 

Firstly, please check whether this is a PENALTY charge or a parking chargeicon. If this is a PENALTY charge, please see below.

THIS IS A PARKING CHARGE DOES THIS STILL APPLY?

For windscreen tickets (NTD) please answer the following questions.

 

 

1 The date of infringement? 22nd NOV 15

 

2 Did you appeal to the parking company? YES

 

If yes, has there been any response?

YES, UNSUCCESSFUL. I FOLLOWED THIS UP BY APPEALING WITH IAS WHICH WHO WERE ALSO UNHELPFUL.

NOW THEY, OR BW ARE THREATENING ME WITH COURT ACTION.

If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)

NO MENTION OF THIS ANYWHERE, BUT NOT SURE I EVER RECEIVED A NTK

 

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

NEVER RECEIVED A NTK, HOWEVER THEY WERE CLEAR IN HOW I COULD APPEAL

 

5 Who is the parking company? VCS

 

5 Is there any photographic evidence of the event?

YES THEY HAVE TAKEN PICTURES

[Dave962]

Hi DX and Erics Brother et all

 

Many thanks for all your replies with my previous correspondence.

As you can imagine, the threat level has now raised to 'Final Notice' level.

 

If I don't pay the £154 by 18th June, CC proceedings will begin against me.

 

After my earlier lackadaisical approach, I have done everything you have asked of me since I got in touch with you,

and if you are able to assist me further, I would be enormously grateful for your support.

 

However,

do you require any further information on my case,

would you like me to send copies of my report to you in any way?

 

 

I feel since I wrote my initial report,

I might be able to bolster it in an extra way,

but I am also conscious that if I don't have a leg to stand on,

 

 

I might be better off coughing up now

- although this is not my intention as I feel like I was treated completely unfairly in this case.

 

Thanks and best regards

[Dave962]

Hi everyone, thanks for all your replies

 

I've tried to attach a photo of the letter, hope it works...

 

BW letter 2.pdf

[Dave962]

Here are some snaps I took at the car park overnight.

 

As you can see, they are before and after shots, with camera flash on, and off.

 

As you say, IAS said this was not a case of defence due to the fact I was a regular user of the car park, or words to that affect.

 

However the irony is lost on them

- totally ignoring the fact that because I am a regular user of the car park,

I am therefore a bona fide user and not a one off chancer taking advantage of it.

 

 

This was a one off honest mistake over off peak hours when the car park was completely empty

- the whole justice system regarding this case stinks

and I just get the impression the law (certainly IAS) is firmly now taking the side of these parasites.

 

 

 

 

 

[Dave962]

Thanks DX will do.

 

 

Although Im not back in work for another week so doubt I'll be able to get snaps of them in daylight unless its urgent.

 

However, in the meantime, I have attached the two pdf's VCS used when handling my case.

 

Although not the exact spot were my car was parked, I think they give you a good idea of what they are all about.

 

Also, for your info, I had the pleasure of a call off BW earlier today.

I missed it, however they left a message on my answer phone.

This is the first time I've had a call off them.

 

If they call again, shall I ignore, or is it better I answer and state my intentions to them?

 

Thanks

pics .pdf

sign.pdf

[Dave962]

Thanks DX, will do

 

The weirdo stalkers

[Dave962]

Thanks Ericsbrother for your replies.

 

Just to keep you updated I've now had a txt message to remind me if I'd like to pay BW off.

[Dave962]

Hi everyone

 

Just by way of an update, the latest love letter off BW, costs have now risen again...

 

Principle Dept, and initial legal costs £154.00

Est. Interest £5.06

Est Court Fees £25.00

Est Solicitor Costs £50.00

Est Total £234.06

 

I've got till 27t July to avoid proceedings being commenced.

 

The tossers have also tried calling me again.

 

Any advice you can offer will as always be appreciated.

 

Thanks

Dave

[Dave962]

Thanks as always for your replies.

 

I will now send out a brief letter to BW, with the quote mentioned above.

 

Cheers

[Dave962]

Hi

 

VCS have just sent out a Letter Before Claim to me, 3 years after their last correspondence!

 

June 16 was the last time I was on this message board and I received some great advice, and I thought that was going to be the end of it. I am unable to respond to my original thread now as it is so dated, so will anyone else still be able to view it?

 

If somebody could please offer some advice on how to respond it would be much appreciated, and if you require further details of course I will provide them.

 

Many thanks

Dave

[Dave962]

Thanks Gick that’s a great start  Ericsbrother gets back or DX seemed to be helpful also.

[Dave962]

Thanks gents looking forward to seeing one of Ericsbrothers snotty replies and sending it on to them.

[Dave962]

Thanks Ericsbrother, looks good to me. I’ll send such a letter back to them and they can take it from there.

 

Thanks DX for replying again also. I’ll look into the background of these things further like you say. However not sure where that last part of your message come from, it was you that made the original silly remark wasn’t it? Or have I missed something there??

 

Cheers

[Dave962]

Thanks Ericsbrother.

 

I’m just amazed that 3 years down the road these people are still at it.

 

Is this a new tactic or an old chestnut? 

Thankfully Ive still got a record of all my previous correspondence with them.

 

It seems a lot to take in looking at historical cases and not all of it is easy to find.

Obviously I have my old records to back me up should it go any further, but if it did end up in court would I require the services of a solicitor or do I fight off my own back.

Apologies for my ignorance.

 

in the meantime I’ll fire off that letter back to VCS and if I do hear any more I’ll let you know.

 

Thanks again for your help though I really appreciate it and it’s amazing you and DX etc offer your support.

[Dave962]

Thanks DX.

 

Letter sent now. Ive also had a look at the cases EB mentioned earlier, which is all very interesting reading like you said. It’s reassuring to know cases have been won against them, and its amazing what lengths they seem to go to, to try and reel you in.

[Dave962]

Hi all

I have some further updates regarding 'VCS/BW PCN - Letter Before Claim', which was a thread I started back in 2016, and gave further updates last year.

 

Ive had a new letter through from VCS recently which I would wish to hear yours and others advice, but I am unable to reply to your last post.

 

Are you able to help me re-visit my thread please?

 

The latest letter is re. Intention to start court proceedings.

 

Thanks

Dave

[Dave962]

Thanks for helping.

 

Does this help...

 

let.pdf

[Dave962]

Hi DX

 

Thanks again for getting back.

 

Sorry to be a pain but have I not already answered these questions back in 2016?

 

If not then I can answer these questions absolutely no problem at all.

 

[Dave962]

HI DX

 

I'm really sorry about that oversight I've no idea why I omitted that first time.

 

The location is Woodside Business Park Peel Investments in Birkenhead.

 

I took some pictures first time round which can be found on the first page.

 

Do you require any other info?

[Dave962]

Thanks DX EB

 

I've penned a suitable letter now based on your advice which I will pop off in the post tomorrow morning. You're help with this matter is appreciated as always.

 

I'll let you know if I hear any more back off them.

[Dave962]

Thanks EB BN as always. 

 

The letter was amazing and really appreciated as always, I only tweaked a couple of words as I'm a wimp. However other than that the letter was word for word and should hopefully be with them tomorrow.