PCN from Vehicle Control Services

LottyLadybird

Please help:(

I recently got a parking ticket on a private car park for an expired parking ticket. I arrived back at my car and the inspector was there, waiting to pounce. I couldn't believe it when he actually gave me a ticket. I may have been only minutes late and arrived back before he had issued his ticket. I was devastated when I realized this was going to cost me £80 for a £1 an hour car park.

So being very green in these matters I wrote to Vehicle Control Services, stating that I was not paying the ticket as it was unfair and extortionate.

I received a letter back saying that I was in breach of a contract I agreed to when parking there, and they were not cancelling the charge. They have given me until the end of January to pay or will add £40 to the charge and failure to comply may result in court proceedings where further costs could be incurred.

What shall I do next??? Shall I write back or simply ignore them (wishing I had done this from the start).

Does anyone know the likelyhood of them taking me to court and if so is it possible I could be made to pay costs too?

I would really appreciate some advice on this one!

Thank you!
Lotty

trisontana

You just ignore , it's as simple as that. A please don't call the employee of a parking company an "inspector" . He is not, he is just a low-paid lacky .

esmerobbo

If you ignore them from now on there is very little chance that they will take you to court. Because you contacted them they will be encouraged and send letters threatening all sorts of plagues be brought down upon you. Hold firm in 99.99% of cases they will go no further then threats.

Coupon-mad

LottyLadybird wrote: »

Please help:(

I recently got a parking ticket on a private car park for an expired parking ticket. I arrived back at my car and the inspector was there, waiting to pounce. I couldn't believe it when he actually gave me a ticket. I may have been only minutes late and arrived back before he had issued his ticket. I was devastated when I realized this was going to cost me £80 for a £1 an hour car park.

So being very green in these matters I wrote to Vehicle Control Services, stating that I was not paying the ticket as it was unfair and extortionate.

I received a letter back saying that I was in breach of a contract I agreed to when parking there, and they were not cancelling the charge. They have given me until the end of January to pay or will add £40 to the charge and failure to comply may result in court proceedings where further costs could be incurred.

What shall I do next??? Shall I write back or simply ignore them (wishing I had done this from the start).

Does anyone know the likelyhood of them taking me to court and if so is it possible I could be made to pay costs too?

I would really appreciate some advice on this one!

Thank you!
Lotty

Hmmm...not married to Loop Lotty are you? Slightly strange first post and username that's all.

Either way ignore the ticket and ignore LoopLotty.:p:D

If you are just a genuine newbie with a parking charge notice you will NOT be taken to Court at all. If you are connected to LoopLotty then I expect to see this thread take an interesting turn later if Perky can be bothered to try now I have sussed the possibility.

esmerobbo

Coupon-mad wrote: »

Hmmm...not married to Loop Lotty are you? Slightly strange first post and username that's all.

Either way ignore the ticket and ignore LoopLotty.:p:D

If you are just a genuine newbie with a parking charge notice you will NOT be taken to Court at all. If you are connected to LoopLotty then I expect to see this thread take an interesting turn later if Perky can be bothered to try now I have sussed the possibility.

Well spotted Sherlock!



I hope its not. If it isn't the OP will be confused!:D

Mustard_Dave

Personally I wouldn't ignore it now, having contacted them. I would send them a quid in an envelope to cover the overstay.

Ignoring letters is the best way in most cases as the first part of enforcing a contract is finding out who the driver is. They have no legal claim against the registered keeper and the registers keeper is under no obligation to name the driver.

As you have now identified yourself as the driver, your defence relies on either or both the following:

• Prove you didn't enter into a contract
• Demonstrate that the penalty is unfair

To enter into a contract, you do not have to sign anything, however, there needs to be an offer and acceptance. The offer is the sign displaying the terms and conditions. Acceptance is the act of parking. If you can demonstrate the terms and conditions were not provided, there is no offer and therefore no contract in place. To use this argument you would have to demonstrate there was insufficient signage. Take photos, mark sign positions on a plan, make a note of your route in and out of the car park.

Your best option in my opinion is to refuse to pay the £80 on grounds that it is an unfair penalty. Private companies cannot issue fines or penalties other than for actual loss. If you give them a quid, there is no loss and therefore no penalty can be charged. If the 'inspector' was there, why did he not allow you the option to buy another ticket?

Although I agree with other posters that it will not go to court, in the off-chance it did the judge would be more likely to side with the cowboys if you have ignored correspondence. If you send your quid and tell them to poke it on grounds of it being an unfair penalty and a payment of the actual hourly charge has been made, the judge would be on your side.

Out of interest, what did you say in your letter to them?

Coupon-mad

If I am right I think LottyLadybird might be busy eating pies right now.:p

LottyLadybird

A huge thank you to everyone for the reassuring replies it's much appreciated!

Erm, no I'm not married to LoopLotty ,whoever that is, and have no idea who Perky is either, sorry. My username is after one of my little girls toys which was sitting in front of me at the time I registered.

My letter to VCS was as follows:-

You issued me with a parking ticket on nth of Jan but I believe it was unfairly issued and I will not be paying your demand for the following reasons:-

The Fine is disproportionate
According to the Unfair Consumer Contract Regulations, parking fines on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case the £80 charge you are asking for far exceeds the cost to the landowner of £1 per hour.

Also, I returned to my vehicle and made the attendant aware of my presence before the ticket was issued. Therefore the time the ticket was issued does not reflect the time I returned to my vehicle.

If you choose to pursue me for this fine please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the points raised.

A much happier Lotty

robredz

LottyLadybird wrote: »

A huge thank you to everyone for the reassuring replies it's much appreciated!

Erm, no I'm not married to LoopLotty ,whoever that is, and have no idea who Perky is either, sorry. My username is after one of my little girls toys which was sitting in front of me at the time I registered.

My letter to VCS was as follows:-

You issued me with a parking ticket on nth of Jan but I believe it was unfairly issued and I will not be paying your demand for the following reasons:-

The Fine is disproportionate
According to the Unfair Consumer Contract Regulations, parking fines on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case the £80 charge you are asking for far exceeds the cost to the landowner of £1 per hour.

Also, I returned to my vehicle and made the attendant aware of my presence before the ticket was issued. Therefore the time the ticket was issued does not reflect the time I returned to my vehicle.

If you choose to pursue me for this fine please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the points raised.

A much happier Lotty

It would have been better if you had ignored them, writing to them with mitigating circumstances givrs them a laugh and only encoutages them to think they have hooked a prospect

trisontana

robredz wrote: »

It would have been better if you had ignored them, writing to them with mitigating circumstances givrs them a laugh and only encoutages them to think they have hooked a prospect

And you should not have called them "fines". To give these unenforceable demands that name confers on them legitimacy they don't deserve.

monkey_alan

For future reference don't buy a ticket from the P&D machine in the first place, as that completes the contractual element (see Mustard Dave's post above), i.e. because you bought a ticket you must have consciously read the signage and accepted their offer, and you're then into the muddy waters of whether the judge thinks the £80 is an agreed charge or an unlawful penalty. (although chances of it coming to court are miniscule)

(This approach of not buying a P&D ticket isn't the consensus on here BTW, just my take on it!)