VCS PCN - Help Needed

AB_Express · 27 September 2014 at 2:33PM

Hi All, need some advice regarding a PCN from VCS. I have read through the sticky for the newbies and would like help with my situation.

The PCN was issued for 'stopping on a roadway where stopping is prohibited'. The piece of 'road' where the car had stopped on was pretty much a dirt track that is not much longer than a car that leads to wasteland. The car was pulled over to check an oil leak and the photos on the PCN show the driver bent over looking under the car.

I have ignored the letters. So far I have had 2 from VCS and have received 2 from DRP (second received today).

I would just like to know what my options are. Any advice will be much appreciated.

Thanks

Dee140157 · 27 September 2014 at 3:20PM

You should really have appealed the first letter.
However whack in a standard appeal from the newbie thread to VCS. (Ignore DRP letters) and see what happens.
Although mitigating circumstances are usually to be avoided at all costs, I would be tempted to add a final point:

It is my understanding as keeper, that the driver stopped car for safety reasons due to oil light appearing on car and wished to check. There was indeed an oil leak and driver felt it unsafe to continue until the situation had been dealt with. This is backed up by the photographic evidence you have provided me.

Wait though and see if anyone else agrees with me. This may be something better kept for POPLA if your are lucky enough to get issued a code.

Alternatively since you started down the ignore route, you could just continue this was unless you get an LBA.

All this is assuming you are in England or Wales, but if in Scotland continue to ignore anyway.

Coupon-mad · 27 September 2014 at 5:21PM

Boy you missed your chance by ignoring this (TWO year old advice and you followed it?!). As long as this was in England/Wales, why don't you just appeal to VCS anyway as keeper (NOT DRIVER, not talking about what happened unless you use the third person: 'the driver this, the driver that...'). The Newbies thread tells you to appeal anyway if 'you think you are too late to appeal' so not sure why you need to ask the same thing already covered there.

Don't write to the debt collectors; no-one tells you to contact them as it's pointless.

AB_Express · 27 September 2014 at 6:04PM

Do I go with the standard appeal? I have read the 'if you think you're too late' section and was unsure which letter template to use. Do I put a paragraph in about the circumstances in which the vehicle had to to stop?

I know I should have done things differently but what is the likely outcome?

Coupon-mad · 27 September 2014 at 6:08PM

circumstances in which I had to stop?

No - the bit in bold tells you why NOT to add anything...surely you have read not to imply who was driving? Just use the template but VCS won't stop the silly letters. Worst case scenario = you drown in junk mail (!) because VCS haven't gone near a courtroom since VCS v Ibbotson!*

* yep that's linked in the Newbies thread too, in post #5 'court cases won'.

P.S. alternatively, you could just carry on ignoring them now you've decided to follow that outdated tactic.

AB_Express · 30 October 2014 at 7:50AM

I sent the standard template to VCS and they replied saying my account had been forwarded to DRP due to no payment in 28days, all enquiries must be direct to them and VCS will not acknowledge or respond to any further correspondence.

I sent the template to DRP that said I will not be paying and refer my case back to the client. I received a letter from them yesterday. They got my name correct but then referred to me as Ms. In this letter they say as part of the BPA code of practice, Point 22.7 the time to challenge the charge has now expired and access to independent appeals is no linger available. They go on to say why my charge is valid, why using internet templates will not resolve the matter and I should seek professional legal advice.

If I don't pay then DRP will recommend court action to the client and they make reference to ParkingEye Ltd v Beavis & Wardley [2014]. They close the letter by saying although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.

Again, any help will be much appreciated.

Guys_Dad · 30 October 2014 at 11:03AM

Now is the time to ignore and keep the correspondence. They have stated in writing that they don't want any more correspondence without naming driver or offering more evidence so don't write again.

Coupon-mad · 30 October 2014 at 8:55PM

Same as here in a case where a person write a useless POPLA appeal v VCS - missing out on POPLA is the same thing:

http://forums.moneysavingexpert.com/showthread.php?t=5090714

Same advice applies to you, so read the answers as if they were for you. If the event was after 13th June then send a Notice of Cancellation and nothing more.

READ THIS BEFORE POSTING ABOUT ROSSENDALES or DEBT RECOVERY PLUS!

AB_Express · 1 November 2014 at 8:07AM

Thanks for the advice and links to other posts.

Just to clarify, my PCN was issued on the 9th June so looks like I can't send the Notice of Cancellation?

Thanks again for the help.

Coupon-mad · 1 November 2014 at 1:38PM

Nope you can't but you can certainly ignore them. VCS have recently moved to the IPC from the BPA and are busily having to change all their documents, their website and all their signs at every site, as well as learning how the IPC want them to argue their charges are suddenly 'consideration' not breach. So I can't see them rushing to backtrack and select your little old BPA case (one of tens of thousands) for a small claim all of a sudden!

Hope you read the link about debt collectors I gave you in blue above? Just ignore them. If you do get a very rare small claim from VCS then let us know as we can certainly help with defences, which we are very successful at! Haven't seen a claim from VCS for a while but they were useless in VCS v Ibbotson:

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231

Have a laugh at the 'toothbrush' moment and the way the Judge tears into VCS!

AB_Express · 1 November 2014 at 3:35PM

So just ignore any letters from VCS and DRP from now on and hope they will stop. I will of course keep an eye out for any small claims, court summons etc.

VCS PCN - Help Needed

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