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  • FIRST POST
    • loosegoose
    • By loosegoose 9th Jan 17, 8:44 PM
    • 16Posts
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    loosegoose
    HELP Vcs private land pcn derby
    • #1
    • 9th Jan 17, 8:44 PM
    HELP Vcs private land pcn derby 9th Jan 17 at 8:44 PM
    hi, I received a vcs pnc windscreen ticket yesterday for parking on private land, the driver was less than two minutes whilst delivering a parcel to one of the properties and returned to find a pcn with a £100 charge! iv read through some of the threads on here but would like some advice as where to start contesting this ticket, what do I have to do first? thanks

    Quick Reply
    Thanks
    Last edited by loosegoose; 09-01-2017 at 8:46 PM.
Page 2
    • loosegoose
    • By loosegoose 16th Feb 17, 8:41 PM
    • 16 Posts
    • 6 Thanks
    loosegoose
    ok , other than that its ready to submit?
    • Coupon-mad
    • By Coupon-mad 16th Feb 17, 9:06 PM
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    Coupon-mad
    Yes, as long as it now flows as one letter. The draft above looked like two because 'Dear VCS' was in the middle instead of at the start.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • loosegoose
    • By loosegoose 16th Feb 17, 9:36 PM
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    • 6 Thanks
    loosegoose
    on the appeal form its asking for my reason from a multiple choice menu, I have selected the contravention not occur with my selected reason being ," I did not park for the stated time", is this correct or would "my vehicle is permitted to park and is on a vehicle exemptions (white list) " be more suitable? thanks.
    Last edited by loosegoose; 16-02-2017 at 9:45 PM.
    • Coupon-mad
    • By Coupon-mad 16th Feb 17, 10:04 PM
    • 44,276 Posts
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    Coupon-mad
    Second one, I would say, in your case, because the vehicle was permitted to park to make a delivery, as the Jopson case proves, otherwise life in a block of flats/residences would be ''unworkable''.

    You've got that in your challenge letter, not that we expect the PPC to give up this early, but start as you mean to go on, you have the moral and legal high ground here, we would argue.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • The Deep
    • By The Deep 17th Feb 17, 7:28 AM
    • 6,164 Posts
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    The Deep
    Have you contacted the person whose parcel this was? Thet may well wish to take issue with the MA about the predatory practices of their agents, contrary to the wellbeing and best interests of the residents.

    Some delivery companies when faced with this nonsense may well refuse to deliver to this building.
    You never know how far you can go until you go too far.
    • loosegoose
    • By loosegoose 27th Feb 17, 8:37 PM
    • 16 Posts
    • 6 Thanks
    loosegoose
    hi no I don't know the person directly or have not met in person, was delivering for a fovour for friend of a friend so to speak, I get your point tho may be worth following up, il wait and see what the outcome of my appeal letter is first I think. thanks
    • loosegoose
    • By loosegoose 13th Mar 17, 7:52 PM
    • 16 Posts
    • 6 Thanks
    loosegoose
    ok after submitting my appeal letter to VCS this is the reply iv received from them. should I be giving them the details there asking for?


    Site: Shetland Close Residents Parking Spaces Issue date: 31/01/2017

    We refer to your correspondence received in connection with the above Parking Charge Notice (PCN).

    Please note that responsibility for this PCN lies with the driver of the vehicle at the time the parking contravention was observed. However, we are unable to ascertain who the driver was from the information given within your appeal.
    In order for us to process your appeal correctly, please follow the instructions below.

    The following options are available:

    1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.

    2. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming that you are authorised to appeal on his/her behalf. This statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS. This needs to be an original signature and not a photocopy or a stamp.

    3. Pay the PCN. Payments can be made online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If paying by Credit Card a surcharge of £1.00 will apply).

    At present, the required payment of £60 is outstanding and payment is to be made by 23 March 2017. If the payment is not received by this date the amount payable will revert to £100 payable. Failure to comply may result in the issue of court proceedings whereby further costs will be incurred.

    As a gesture of good-will, we have placed the case file on hold for an additional 14 Days to enable the above mentioned actions to be administered. If we receive either no payment or further communication by 23 March 2017 the right to appeal may be lost and the charge will revert to the original (nondiscounted) rate.
    Yours sincerely,




    Appeals Administration Team Central Processing Office
    • Coupon-mad
    • By Coupon-mad 13th Mar 17, 8:41 PM
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    Coupon-mad
    Dear VCS,

    Re: PCN xxxxxxx

    I have received your letter where you say: ''However, we are unable to ascertain who the driver was from the information given within your appeal.''

    Good.

    I am pleased to see you admit you have no evidence as to who you might have allegedly contracted with, let alone any cause of action. Moreover, you are refusing to consider an appeal without the appellant stating who the driver was - have you forgotten that the DVLA stated that insisting on being told who was driving in order to consider an appeal, is not allowed? I am minded to report VCS to Mr Dunford at the DVLA for this misleading response.

    I remind you that you have already been made aware that the driver was delivering a parcel. Such a short-term delivery is permitted unloading activity, not 'parking' (nor a breach of any parking terms). Such deliveries are undoubtedly covered by the lease. Clearly, life in a block of flats would be unworkable without such activity being safe from predatory practices such as undertaken by the likes of VCS. Modern residential leases include (either implied or express) easements and/or rights of access to the flats, which take precedence over any third party parking signs.

    The persuasive authority for this complete defence is covered by the decision as set out in Jopson v Home Guard Appeal case. I suggest you read the transcript to this case (helpfully hosted on the Parking Prankster site which you are no doubt familiar with). The case was heard at Oxford County Court in June 2016 and this was an Appeal case, decided by a Senior Circuit Judge; another master-stroke by the controlling minds at Gladstones in assisting motorists to defend utterly spurious charges like this one.

    As a gesture of goodwill, I will not pursue VCS for data misuse and will not report you to the DVLA or Information Commissioner, if you confirm the charge is cancelled within 14 days of this letter.

    yours faithfully,
    Last edited by Coupon-mad; 13-03-2017 at 9:05 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • loosegoose
    • By loosegoose 13th Mar 17, 8:48 PM
    • 16 Posts
    • 6 Thanks
    loosegoose
    much appreciated thankyou.
    • Ian011
    • By Ian011 14th Mar 17, 7:49 PM
    • 1,539 Posts
    • 848 Thanks
    Ian011
    3. Pay the PCN. Payments can be made online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If paying by Credit Card a surcharge of £1.00 will apply).
    Originally posted by loosegoose
    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 were published by BIS (now BEIS) in December 2013 and came into force on 13 June 2014.

    Regulation 41 does not permit the use of premium rate 084, 087 or 09 numbers for dealing with 'contracts entered into with a trader'.

    The sending of a PCN, effectively an invoice, assumes that just such a contract has been entered into.

    The usage of a premium rate 0845 number is therefore in breach of Regulation 41.


    Ofcom published regulations in December 2013 that came into force on 1 July 2015 and require all users of 084, 087, 09 and 118 numbers to publish call costs alongside the number wherever the number is advertised or promoted.

    Call costs are missing in the notice, and this is a breach of the Ofcom regulations.
    Last edited by Ian011; 14-03-2017 at 7:56 PM.
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