VCS ANPR PCN - No ticket - Nicol street car park Kirkcaldy Scotland )

[Karenslad]

I have  received a letter issuing me with a PCN ( PARKING CHARGE NOTICE )  for parking in a private car park in Kirkcaldy, Fife , Scotland .

This car park is private which i was unaware off.

 

All Council  car parks in Kirkcaldy as far as i am aware  are free of charge during this coronavirus pandemic.

 

At the time of using this car park i was out shopping for my elderly vulnerable parents where i had to queue to get into the pharmacy for their medications . 

 

I did not pay at the ticket machine as i thought the parking was free in here ,

i have used this car park possibly three times from the date of the first incident but still not been issued with anymore PCN`s .

 

My penalty for the first incident was £100 or £60  if i paid by today 3/6/20, I have not paid this as yet , I was wondering if anyone else has been in the same situation or anyone that has any other advice , many thanks .

[dx100uk]

who from if its a private parking company??

you are safe to ignore them

there is no such thing as trespass in Scotland.

 

 

[Gick]

Provided that you do not identify yourself as the driver, you are safe to ignore and carry on with your life, as the legislation for creating a keeper liability (The Protection of Freedom Act 2012) does not apply in Scotland.

It is important that you do not get tempted to appeal the parking charge notice to avoid unwittingly so identifying the driver.

[Karenslad]

Many thanks for the replies , much appreciated 

[dx100uk]

tps at Dunelm car park??

 

dx

 

[Karenslad]

 

Hi

it was Nicol street car park opposite Dunelm ,

it was VCS that sent out the ticket ,

no ticket on car ,

just letter to home address,

 

letter said parked without payment of the parking tariff which was correct as i assumed it was part of the other Nicol street car park further up the road . 

[ericsbrother]

Scotland doesnt have the POFA to allow the parking co's to create keeper liability and they also dont have the laws of trespass so basically you cant owe them anything.

 

That is the simple version, the parking co is still entitled to offer and create contracts to park and that means they are entitled to chase the driver for payment if that contract is broken

 

Where that goes wrong for them is they dont know the name and address of the driver at the time so they ask the DVLA.

this is unlawful as it is a fishing expedition, not a reasonable cause and they know it but the DVLA doesnt care and the parking co's are greedy liars so you end up where you are now.

 

Now despite the fact they have no right to ask for anything from you as the keeper I would still recommend that you follow our normal routine fo getting

pictures of the entrance to the car aprk and any signage there,

any signs inside the car park that are different to the entrance sign and

also a piccie of the blurb on the ticket machine if different to the wording on the signs.

 

Post up here and we will advise you on whether they can create a contract in the first place,

VCS dont bother trying to get the wording of the NTK right to create a keeper liability,

they just lie on their court forms and other paperwork, aided and abetted by the owners of the IPC

[Karenslad]

Many thanks for this

[Gick]

Karenslad, just a point with your posting, you do not need to quote a previous post unless you are commenting on multiple aspects of it i.e. bullet pointing. All it does is unnecessarily lengthen the thread. Just addressing the poster will suffice. 

[Karenslad]

 

pix

pix.pdf

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/391825-private-parking-tps-dunelm-car-park-in-kirkcaldy-fife-scotland/

who was your PCN from VCS or excel?

 

dx

 

[Karenslad]

Was from vcs

 

[dx100uk]

and that sign says?

 

dx

[Karenslad]

Sorry im not sure how this works

I cant upload the pictures i have taken

[dx100uk]

I've put them back as pdf now 

go look 

who name is on the sign......

[Karenslad]

Cant see the pics now , the name is Excel parking services ltd

[dx100uk]

sorry pixs are back up.

 

so

not only are you in scotland

not only do the signs state a different company than the PCN you got...

 

i'd be telling everyone they are being had blind...

[Karenslad]

I still cant see the pixs lol, the pcn doesnt even mention Excel. It has a 

PCN ref no VCS ********

Would you say just totally ignore this then

Also says on paperwork  the creditor is vehicle control services ltd

[dx100uk]

1 hour ago, Karenslad said:

 

pix

pix.pdf 354.83 kB · 0 downloads

 

you ignore them regardless

you are in SCOTLAND..!!

 

 

 

 

[Karenslad]

Ahh got them now, many thanks for your help dx much appreciated, i did have more pics which i  (Hopefully )managed to convert but it wont allow me to upload

[dx100uk]

Carefully read upload

[Karenslad]

Well here i go again , have received  Final Reminder - Do Not Ignore 

Amount charge of £100

Top paragraph is telling me the driver of the above vehicle is liable for the parking charge which is now overdue, and the  4th paragraph saying as im the registered keeper  im now invited  to either pay the parking charge or notify them with the drivers full name and address , kind of baffling , do i just ignore ?

Edited June 26, 2020 by Karenslad

[FTMDave]

Yes, it's just a begging letter.

 

Come back here through if you receive a Letter Before Action.

[Homer67]

Be prepared for a load of threatening letters from their pet Debt Collector (the teaboy sat at the next desk) telling you that your 'debt' will escalate and they've added on all sorts of charges for the Unicorn food etc.

 

Ignore it all, DCA's are powerless, you only need to respond to a letter before action and you're in Scotland, so no POFA and the signs are not compliant (Excel on the signs, charge issued by VCS) - they'd have to be mental to try this one in court.

[ericsbrother]

I have had a look at the sign, it say Excel parking and later on the site is operated by VCS.

As the 2 companies are not linked according to companies House register then the sign can be siad to be confusing as it isnt clear who is offering what.

It also says you agree to pay a charge if you breach the terms but dont say what that charge is as the terms printed below this part of the notice has no charge.

Much later on down the sign there is a box of various things that are unreadable without an electron microscope and the first 2 of those are unlawful so that scuppers the rest. These are not the parking terms so the threat of charging you for breaching those conditions makes it an unlawful penalty and not a contractual sum.

This is something we tend to forget about whan arguing with these companies because other arguments usually have more clout

 

The meter ifself offers no terms so that means you must rely on a defective sign to decide whether you pay to park or not and my opinion is that you are not obliged to pay because the tariff is part fo the defective contract and so you cant be forced to accept any of it. This is covered by the Unfair Contracts  regs of the Consumer Rights Act

 

 

The bad news is VCS are crooks so expect to hear more from them. Keep us informed and we will continue to help you but in the meanwhile read up on their chicanery so you know what to expect

Edited June 26, 2020 by ericsbrother