Illegal case from VCS Sheffield

j2012

Hi,

I've got an unusual case involving Vehicle Control Services for an alleged parking contravention in Sheffield earlier this year.

Here's the story:

I was on my way to Hillsborough Stadium to watch a Wednesday game when I stopped off at a Tesco store to pick up a friend. I entered the car park at 18:36 and left a few seconds later to continue my journey (bear in mind the car park affords you two hours free parking). After the game finished, I returned to drop off said friend in the same car park at approx 22:24 and left immediately after doing so.

On the PCN they have included a photograph of my first entry at 18:36, and my second exit at 22:24 and are claiming I spent 228 minutes in the car park of this small Tesco store, which is ridiculous in itself but especially considering there was free parking on an adjacent road after 18:30 had I so wished to spend that much time in the area.

The initial 'charge' was £60, which has since risen substantially with added costs after multiple letters from their so called 'solicitors' Graham White and the Roxburghe debt collectors. I've read a lot about all of these parties both online and on MSE and general advice is to ignore them and they'll go away.

Thing is it's wound me up so much how they have omitted two of the photographs (leaving the first time, returning the second time) in order to build a highly illegal and cheeky case against me that after receiving the 'Final Warning' threatening court action I would quite like to take them there and have them done myself.

I'm not going to, but I do have the aforementioned friend and another friend in the car with me at the time who also attended the game and are witnesses, willing to swear in court to testify in my favour. I also still have tickets from the match to prove my attendance there.

They have done what you expect from these private companies and dolled up the letters to look official and intimidating but in actual fact all they are doing is harassing me. They have no proof who was driving anyway.

Had I actually been guilty of the offence I would feel less inclined to contest the charge but fact of the matter is I am innocent, and they are breaking the law (surely?) not only in making this case against me, but also in intimidating me to give up my money when they have no more authority than you or I to demand it.

The point of this post is to just seek advice as to how I should take things from here. My research online suggests to continue ignoring them and they will go away, and should they actually end up taking me to court as they threaten, I feel I could do them myself for building this illegal case. Friends have suggested I contact them politely explaining this situation but I'm not sure of this as after reading online they seem to take a 'tough luck' approach once they have you hooked in correspondence with them.

Is it also advisable to contact Trading Standards and the Office of Fair Trading about this?

Thanks in advance.

Edit: I'll also add, I'm about to go out of the country for 6 weeks as of next week so this would also make any correspondence with them difficult.

trisontana

Just ignore. You are not "guilty" of any "offence" because you have not broken any laws, just some stupid "rules" dreamt up by the parking company

pogofish

j2012 wrote: »

I've got an unusual case involving Vehicle Control Services for an alleged parking contravention in Sheffield earlier this year.

So, what's unusual about this? There are many others here who have been hit in exactly the same way.

The solution however is exactly the same as all other PPC scam tickets - Ignore completely. Yo ucan check the forum sticky to see what VCS will send you next.

notts_phil

just ignore

nothing to worry about

The_Slithy_Tove

Don't enter into correspondence with VCS, but do complain to TS. First-in to last-out PCNs (conveniently ignoring goings and comings in between) is clearly a deliberate act by the PPCs (given the number of times this comes up), so the more evidence of it happening going to those who can do something, the better.

mentalmungo

Personally, i'd encourage them to take me to court....

A well presented case with the evidence you have, you'd shoot them down in flames. I'd be applying for costs and compensation for the undue stress they've caused...

ManxRed

What Slithy Tove said.

We see it all the time, far too much for it to be an error (even if it was a system or process error, you'd occasionally get incidences where they miss out the first entry, or the last exit, or something else. But its ALWAYS the first exit and second entry. A coincidence?

Maybe TS should ask them - again, the more people who raise this, the better.

j2012

Thanks for the replies. Sorry for the repeat thread, I've read a lot about VCS on here but hadn't yet come across a story like mine where they're deliberately omitting information in order to send a fine which is why I asked.

Tempting as it is to take them to court (especially as my friend's father is a solicitor), I'll continue to ignore them then, but should they decide to pursue it themselves then I will see them in court.

My only worry is how would I prove they have omitted the photographs. Would it be based on my and my witnesses accounts alone?

I will get in touch with TS also. They can't be allowed to get away with this, I dread to think how many people actually pay up!

trisontana

It's not a FINE!

j2012

Sorry, invoice!

LincolnshireYokel

j2012 wrote: »

Hi,

I've got an unusual case involving Vehicle Control Services for an alleged parking contravention in Sheffield earlier this year.

Here's the story: [snip]
Thanks in advance.

Edit: I'll also add, I'm about to go out of the country for 6 weeks as of next week so this would also make any correspondence with them difficult.

VCS just got thoroughly spanked in the Upper Tax Tribunal, a Court of Superior Record (ie the equivalent of the High Court)

The appeal tribunal held:

1. VCS did not have any right to occupy land or to pursue any action in trespass (which is what VCS had claimed they were doing).
2. Such payments they received by way of "Parking Charge Notices" were not therefore a payment by way of damages and were not therefore exempt from VAT.
3. That on the basis of their standard agreement with landowners there could have been no contract formed between VCS and the motorist because its limited rights to access to the land did not extend to being able to offer the right to park.
4. The signs used by VCS cannot have effect because they have no right in law to make any offer to park in the first instance.
5. Any contract to park could only be formed between the landowner and the motorist
6. Any parking charges collected by VCS would therefore be, in effective, damages in breach of contract or trespass but because they were retained by VCS they constituted a standard-rated consideration and VAT was therefore payable against them.

Heres the full ruling

http://www.tribunals.gov.uk/financeandtax/Documents/decisions/vehicle_control_services_v_hmrc.pdf

So, in short, all four wheels just fell off the VCS gravy train, and all the other PPC's, and went clattering off down the hill. Ignore them, or if you want to have some fun, print out the ruling and send them a copy with a letter asking if they forgot they just got told by a judge they have no legal authority to operate on other peoples land.

The point here is not to play there game. So far, you've played there game, and they have you dangling on a thread. There charge is illegal and unenforceable, so stop p*ssing about with them, and stop taking them seriously. This is not a normal, rational, legitimate business, its an Impersonation of Authority scam. They cant take you to court, and they cant take a red cent off you.

But now you've played there game, they'll harass you with there toothless unenforceable threatograms for up to a year. Just ignore it all, no matter what they write. They cant take it to court, read the ruling.