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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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TerraFirma

VCS Spycar photos PCN - no stopping - southend Airport

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Is there anything you can advise on this? 

 
We hired a car in Southend Airport in August and on return, with 89 yr old mother who is a blue badge holder, we could find no bay to drop her within walking distance to the terminal.   We stopped briefly in a bus stop to allow my mother/bags out while husband dropped the car back at the car rental depot some distance away.  This was for seconds and at just after 6am in the morning.  

Months after our visit, we received a VCS notice with a £100 penalty.  The notice was received AFTER the appeals deadline. We live in Ireland (i.e. non-UK) so we presume insufficient postage was put on this.     We had taken photos of my mother at the time, just in case.  The VCS photos from a white van that pulled up behind us, deliberately excluded her alighting from the vehicle with walking stick and only showed us with bags.  We even spoke to the driver to explain and he understood & said it was grand!
 
We went round in circles trying to speak to someone at VCS and eventually got through to a rep who told us to email the debt recovery email address.  We did this and have sent 3 emails with no reply.  Meantime, we have another nasty and threatening letter, the fine has inflated and we are being told we have to go to court (in the UK presumably).
 
Any ideas on how to deal with these people?  Online views seem to me that they are a bullying, unscrupulous crowd set up to trap people like us. 

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The parking experts will be along in the next day or so – (bank holidays are in the way). However, your problem is that the car is hired presumably from a UK rental company and also they will have your credit card details. Presumably the letter you have received is from the rental company not from VCS. It seems to me quite likely that the rental company will simply settle the bill because they don't want the headache of fighting this kind of stuff when they already have access to your credit card details and your deposit and can simply apply the debit.

As I say, people with better experience and better noise will be along at some point but that's my initial view.

I suppose that you could think about taking it up with the rental company but I'm afraid that they won't be interested. They just want to get on with their life and their business. Your characterisation of VCS and other private parking companies is pretty well spot on – but I'm afraid that the view I take is that when these bounty hunters managed to target rental vehicles, then they are dealing with easy pickings.

If I have it wrong and your correspondence is directly from VCS then please let us know. I have assumed that the correspondence has been passed on by the rental company.

 


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Its not a fine

Nor is it a penalty

Its a speculative invoice for breaking some imaginary contract.

 

Its airport land covered by byelaws that vcs cant trump nor enforce.

 

There are 100's of no stopping threads here to read.

 

Ignore until/unless you get a letter of claim


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi there

Thanks for the replies.  

Our car hire company (Europcar) initially wrote to us to say they were supplying our details to the issuing body of the "Penalty Charge Notice" and charged us £40 for the pleasure.  This was also months after and we could not take it up any further with Europcar as they handed to VCS who were now in touch directly.

 

I don't know anything about Bye-laws in Britain but thanks for that info, am hoping you are right to ignore it.

Although I have sent 3 emails to the email address given to me by VCS staff.  

 

The staff member I got to on the phone, acknowledged that we had no time to appeal due to the length of time taken and said the appeal would be acceptable by email (although he did say it's unlikely the charge would be waived).  

 

Had absolutely no email replies from them, just another letter received on 18 December, saying the company intends to take me to court for the "debt", which s now £160 and that my opportunity to appeal has already lapsed.  

That letter was dated 20th November (!) and had a "deadline for action" of 4th December !!

 

Regards, 

G

 

 

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well do a chargeback on that £40 admin fee?

they have no legal right to take it 

they can only do that for Penalty Charge Notices [fines] from a local authority 

 

as for the rest 

get reading up as advised 'PCN no stopping'.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Please read our customer services guide before doing anything else on the telephone


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oh god yes

never phone or email these fleecing private parking companies.

 

for ref

heres a few threads worthy of a read regarding private parking tickets at airports and alike that are covered by byelaws.

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=no stopping PCN&oq=no stopping PCN&gs_l=partner-generic.12...126982.135515.0.137224.15.15.0.0.0.0.154.1196.14j1.15.0.gsnos%2Cn%3D13...0.8713j21126757j16...1.34.partner-generic..15.0.0._eNOmX0p4cE


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks Guys.  

 

I'm reading through threads and will desist any further communication/email with them as advised.  

 

Just noticed a post by Honey Bee in one of the threads on "PCN No stopping" that Southend Airport had an article in the 'Evening Echo' with a new scheme  https://www.echo-news.co.uk/news/17725996.drivers-stopping-in-airport-roads-could-be-given-100-fine/

Hopefully this isn't making it justifiable.  

 

Thanks for all your help.  

Am sure ye have better things to be doing on NYE so have a good one and here's to 2020 giving a lesson to VCS et al !!

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typical useless press

call it a fine!!

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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the airport may have a need to manage their roads but they are constrained by the laws and cant just hand it all over to some bandits to make a profit from non- breaches.

 

what it needs is for everyone who beats VCS at court to sue the airport owners for breach of the GDPR and they will soon be looking at their arrangements.

 

Laziness through and through. Same as govt outsourcing almost everything to Crapita a company that is like the banks, too big to fail so we will all be baling them out in due course

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