VCS Windscreen PCN - Left Car Park - Brook Retail Park Ruislip

[Aphrodite View]

Looking for advice please,

had a parking ticket issued whilst visiting Pets at home,

i have the receipt of purchase on the day.

4 days later receive the PCN with pictures of my car parked and the ticket on the windscreen.

Reason for the PCN "vehicle parked in a customer only car park/site and driver observed leaving the premises".

I did look into VW dealer which is adjacent for 10 mins.

I genuinely thought it was all under the same car park, there is only one entrance in from the main road.

Should i appeal or ignore it as other posters have suggested? 

[dx100uk]

please complete this:

 

do NOT APPEAL!!

 

there is no such thing as reverse trespass 

 

click this link and read the recent threads:

 

Programmable Search Engine

CSE.GOOGLE.COM

 

[dx100uk]

read those threads i posted

 

scan up all paperwork to date to one mass pdf read upload.

 

dx

[Aphrodite View]

The date of infringement? 09/09/21

2 Have you yet appealed to the parking company yet? [Y/N?] no

If you haven't appealed yet - .........DONT ! seek advice on your topic first.

Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes

What date is on it? 13/09/21

Did the NTK provide photographic evidence? yes of the parked vehicle, not the driver leaving premises

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]no

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]na

5 Who is the parking company? VCS

6. Where exactly [Carpark name and town] did you park? Brook Retail Car Park Ruislip HA4 0LN

 

 

2021-09-13 VCS PCN re privacy Notice to windscreen 2021-09-09.pdf

[FTMDave]

You're in a great position legally.

 

VCS haven't bothered to follow POFA to establish keeper liability so can only go after the driver - and they don't know who that is.

 

Rushing to start a court case when it could easily be avoided is not looked on kindly by judges.  VCS's bod could easily have told you you weren't supposed to leave the site.  You would therefore have moved your car and parked outside VW, avoiding the ticket and freeing up a parking space.  Instead there bod did nothing to "mitigate", giving you a ticket and deliberately allowing someone not using the retail park to remain parked which is the opposite of what he's supposed to be there for.

 

Well done on keeping the receipt.

 

Have a read of the cases dx mentioned, especially  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip/  which is identical to yours.

 

 

 

 

[Aphrodite View]

I will read the other posts, thank you for your time.

Should i just be not responding for now and see what they do next?

[honeybee13]

You should sit on your hands, but keep gathering evidence. You'll see why once you've read some threads.

 

HB

[dx100uk]

other than reading up a good few 10's of VCS threads too.....

you respond to nothing bar a letter of claim

and thats by scanning it up here for advice.

 

dx

 

[Aphrodite View]

ok that's great, thanks again.

[FTMDave]

I've had a look at the site on Google Maps and I'm damn sure I'd have made the same "mistake" as you.  There's nothing to show that the VW showroom isn't part of the retail site.

 

I put a link to EL21's thread.  Do you mind if I send EL21 a copy of your PCN?  In EL21's case VCS messed up what "offence" was supposed to have been committed and are lying to try to cover up the mistake.  Having a copy of your PCN which did at least contain the right "offence" would be very useful IMO to EL21.

[lookinforinfo]

Thank you for posting up the NTK again.  The NTK is an important notice for determining whether VCS have complied with the Protection of Freedoms Act which allows them to transfer liability from the driver to the keeper.

 

One of the ways is for the NK to arrive within  the correct times. Another way is that the wording at the end of the NTK complies with PoFA. Yours doesn't. It mentions extra charges will be added and it should also state that the transfer of liability will occur "providing VCS have complied with all the requirements of the Act".

 

Missing those few words alone means they cannot transfer liability to the keeper. Therefore yoi must not divulge who was driving as should it go to court they Court does not assume the driver and the keeper are the same person. It is up to VCS to prove who the driver was.

 

That is one of the reasons we advise not to appeal. It is all tooeasy when appealing and you were the driver to say something like "I did not see the sign" for example instead of "the driver did not see the sign".

 

Protection of Freedoms Act 2012

WWW.LEGISLATION.GOV.UK

You will see that either section 8 or 9 subsection [2] says the notice must

and then gives a list od further subsections that must be included and then

[f] [11] is the important one for you because it omits the wording

" the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;                                               "

 

 

[EL21]

Hello!

 

I'm a bit ahead of you in the timeline because the same thing happened in our case, so I'm now writing my Witness Statement.

 

They messed up and wrote that we parked in a 'restricted / prohibited area' but then said we walked off site.

 

Would I be able to get a copy of your unredacted Notice to Keeper to use as evidence that they made a mistake and are trying to contort it into an contravention?

 

As Dave said, would be helpful!

You can message me privately so it's off the public forum. 

Edited October 8, 2021 by dx100uk
spacing

[FTMDave]

I would suggest that when you get time you read EL21's thread, as this will give you an idea as to what is likely to happen to you.

 

EL21 is being taken to court by VCS and has prepared superbly for the court case.  If EL21 manages to smash VCS in front of a judge, then VCS will be unlikely to take you to court.  Any help given to EL21 therefore indirectly helps you.  Unless you object, I will pass on to EL21 an unredacted copy of your PCN.  Thanks.

[Aphrodite View]

Yes thats ok with me, any more correspondence I receive will post up straight away 

[Aphrodite View]

Hi again, i have just received this in the post , any advice for how i should handle this please.

Hope this is ok now, back side is blank. 

Thanks for your help.

 

PCN Reminder Notice.pdf

[FTMDave]

Have a look at the last page of EL21's thread.

 

Today EL21 won both of their cases against VCS for this car park.  Part of the reason for the successes was because you allowed EL21 to quote your PCN, so thanks for that.  Indirectly today's events will have helped you, as having taken two almighty kickings today Simon will think long and hard before issuing more claims for this site.

[Aphrodite View]

 next letter

 demand for payment.pdf

 

 

[FTMDave]

Not a Letter Before Claim.  Safe to ignore.

[Aphrodite View]

Hi

Just had this, do i need to do anything?

They don't give up do they, nor do i. 

 

Final Demand front.pdf

[dx100uk]

Std letter in many vcs threads here.

See el21 thread

Ignore

[Aphrodite View]

Hi 

Just had this, escalation from the previous letters

 

Any advice would be greatly appreciated

 

2021-12-14 letter before claim .pdf

[dx100uk]

snotty letter time but run it till near the 30days limit.

 

 

[Aphrodite View]

what should my reply be? 

[dx100uk]

On 19/12/2021 at 19:03, dx100uk said:

snotty letter time but run it till near the 30days limit.

^^^^^^

[Aphrodite View]

sorry i couldn't read your reply