VCS ANPR PCN LBA Now claimform - Overstay of the 1hrs? - St Mary's Gate Retail Park, Sheffield

[FTMDave]

37 minutes ago, HelloDave said:

7 Who is the parking company?

VCS (From memory the NKT was sent from a different company)

 

Does the name "Excel" ring a bell?

 

I ask as both Excel & VCS are run by the same owner, and the thicko has previous for mixing them up when he sends out his demands, which of course is good news for you.

 

Normally we say never to correspond with the fleecers, apart from sticking two fingers up to them at the LBC stage.  However, methinks on this one occasion it might be worth sending them a polite letter saying you have mislaid the NTK and could they resend it.  If it really is Excel rather than VCS then you'd be home & dry.  Hang on though and see what other Caggers say this evening.   

[FTMDave]

An LBA/LBC is a formal notice of intention to start legal action and you need to reply.  If you don't, VCS's MO is to begin legal action, hoping for a default judgement or that the motorist will be terrified of the idea of court and will just cough up.

 

In the past a snotty letter showing VCS would have a fight on their hands in court has often had them scurrying back under their stone (not always, they seem to go through particularly litigious phases). 

 

The problem is knowing what to write, as the original NTK has been chucked.  Can you remember what the fleecers reckoned you'd done wrong?

 

Normally we would never recommend communicating with them (save for the snotty letter) but I'm thinking that if you phoned them this afternoon, all polite & apologetic, saying it was three years ago. and asked for a copy of the NTK, they might well cooperate thinking they're going to be paid.

 

You could SAR them, but that would take time.

 

Hold fire till this afternoon though and see what others have to say who have had years of dealings with this vile company.  

 

 

[FTMDave]

Daft question, but this is St Mary's Gate, Sheffield, isn't it?  I just assumed it was then saw there are other car parks with the same name elsewhere in the country!

 

Anyway, I've just had a read through old threads here regarding St Mary's Gate, Sheffield and yes, it's a one-hour parking limit.  Once the immediate problem of the LBA has been dealt with, do some digging and try to find out how long was stated in the original planning permission.  I bet it wasn't one hour.  Councils typically give three hours.

 

On the other threads one motorist - who beat VCS in court - mentioned the signs not being illuminated at night.

 

A recurring point is that VCS don't bother to send out their rubbish in time to create keeper liability, so once we get to see the NTK that'll probably be another string to your bow.

 

Can I ask why you went there in the evening?  I ask as the motorist above went to the theatre, and it's damn obvious that a theatre or cinema performance takes more than one hour!

 

Anyway, wait till say 3pm this afternoon to see if others disagree, then ring them.  Don't out yourself as the driver, just say you've got this letter and you can't remember anything about it after three years and can they send a copy of the PCN. 

 

 

[FTMDave]

The thread dx has put up a link to is the one I mentioned in post 6, the motorist was there in the evening and she saw VCS off in court.

 

At the moment you're on VCS's list of motorists who have received an LBC, you need to show them that they would have a fight on if they were stupid enough to take you to court.  Wait for EB to come on and okay a snotty letter, but I would suggest something like the below, addressed to Simon Renshaw-Smith at VCS's address

 

Dear Simple Simon,

 

cheers for your Letter Before Claim which I had a good chuckle at.

 

Your NTK is out of time and anyway no-one can read your silly signs in the dark as you're too tight to stick 50p in the meter.

 

Remember your hammering in court on 21 February last year?  If you want another thrashing then fine, go for it, I shall enjoy seeing you off, getting costs for unreasonable behaviour under CPR 27.14(2)(g) and spending the cash on a nice post-lockdown holiday while laughing at you.

 

 

 

[FTMDave]

Right then -

 

 

Dear Simple Simon,

 

cheers for your Letter Before Claim which I had a good chuckle at.

 

Your NTK is out of time and anyway no-one can read your silly signs in the dark as you're too tight to stick 50p in the meter.

 

Remember your hammering in court on 21 February last year?  If you want another thrashing then fine, go for it, I shall enjoy seeing you off, getting costs for unreasonable behaviour under CPR 27.14(2)(g) and spending the cash on a nice post-lockdown holiday while laughing at you the whole time.

 

When you have licked your sore bits I may well then sue you for breach of the DPA/GDPR.  Remember VCS v Phillip, Liverpool CC December 2016?

 

 

- send it off by normal post tomorrow from the post office and get a free Certificate of Posting.

 

The reason we say not to use e-mail is because the PPC can then send you court documents at one minute to the deadline and catch you out.  With snail mail they can't do this.

 

There are no guarantees of course, but letting Simon know he'd have a battle on his hands in court has often had him squirming back under his stone.

 

However, best to plan for the worst-case scenario and this does eventually get to court.  Is the car park local to you?  If so, it would be great to get photos of the carp signage in the dark. 

 

Also look up the planning permission that the council gave for the car park, it is highly unlikely to be for only one hour.

 

BTW, is the restaurant part of the retail park?  It would be ludicrous to give a limit of one hour for people eating in a restaurant. 

[FTMDave]

Well done the judge here.  He or she is obviously aware of Simon's roboclaims.

 

Yes, your deadline must be a typo.  You need to write to the court and point this out.  Refer to the case number and the judge, if the judge is named.