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VCS DFS St Mary’s road retail park, sheffield


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Hi

We received a NTK on 22nd jan about overstaying on the car park whilst shopping in DFS ( we did buy). 


The alleged infringement was 31st December are they are out of the 14 days POFA guidelines.

We have not admitted who was driving as we are aware of the clause of the POFA.

They have replied stating that they haven’t cited POFA

( because they are out of date I assume) and want driver details. 


Unfortunately due to being a bit confused we can’t remember who was driving that day 😉.

Do we reply and ask them for photographic evidence of the driver to “ spark” our memories or ignore I'm all for sending a contemptuous email back but hubby wants to be reasonable. 


Advice please. We have contacted DFS but they haven’t been helpful. 

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please complete this:

 

Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

 

and scan up everything to date in/out to one multipage pdf after reading our upload guide carefully.

 

next time dont appeal...bang shot yourself in the foot. regardless to being careful upon wording.

they were out of time !! but that doesnt matter now as your appealed .

 

and never ever use email.

 

await until/if you get a letter of claim.

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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1 Date of the infringement

31/12/2020
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

19/01/2021 
 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received

22/01/2021
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

No
 

5 Is there any photographic evidence of the event?

In and out number plate images. 
 

6 Have you appealed? [Y/N?] post up your appeal]

Yes. Citing POFA keeper liability infringement and not naming driver. 
 

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

Yes. Denying stating POFA and asking us to name driver. 
 

7 Who is the parking company?

Vcs

 

8. Where exactly [carpark name and town]

St Mary’s retail park sheffield
 

For either option, does it say which appeals body they operate under.

No but it’s ICS. 
 

I have uploaded their response but the initial ntk takes it over the upload limit. 

convert-jpg-to-pdf.net_2021-02-02_18-08-47.pdf

 

convert-jpg-to-pdf.net_2021-02-02_18-10-46.pdf

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I dont believe the council granted permission to limit parking to2hrs

go find out..

 

Lots of threads here 

use our search top right

St marys retail park

Get reading them all

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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They are funny VCS. They don't rely on PoFA, they send you a NTK outside the statutory 14 days and then say that they will still pursue you, the keeper if the driver has not been identified.

 

They can only do that if they are using PoFA

Then they say the will assume you were the driver which is wrong in Law and should invalidate the PCN as it does not comply with the wording in the Act

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They have already said that the keeper is not liable and that it is the driver and want us to name them, which we won’t. So if they have already admitted that they have no keeper liability and we don’t say who was driving then is that our defence. 

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at present the keeper is not liable

but if you don't name the driver, (which you do not!) they then become liable.

 

its all silly simple simons mind games.

 

go action this

 

22 hours ago, dx100uk said:

I dont believe the council granted permission to limit parking to2hrs

go find out..

 

Lots of threads here 

use our search top right

St marys retail park

Get reading them all

 

stop worrying about silly semantics.

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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They will want to assume that the keeper is the driver so it is important that whoever the driver is, is not revealed and hopefully the keeper actually is not the driver. It would help if your insurance policy has more than just the two of you as named drivers.

 

But of course they also have to prove that a contract does exist between them and you as well.

One of the things that can screw up their contract is their signage.

 

So if you could please get photos that we can read of the entrance sign; the signs within the carpark especially where they say different things and the sign on the  [or near] the payment meter if there is one.

 

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  • 2 weeks later...

Update. After emailing the CEO of DFS with the situation we called customer services to cancel our order to be told that it is in the hands of senior management. The following day the temporary manager of the Sheffield store phoned to say the ticket had been recinded. Amazing what they can do when pressured from above. 

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Yes thats brilliant, just keep any proof safe in case Simple tries to resurrect it a year or so in the future, he isn't a fair person, just greedy.

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