VCS Fined outside flats on doubles

drewzle_2

I live in a flat where by it sits back from a main road and stupidly has a small off road with double yellow lines on!

Now couple of weeks ago i pulled up onto the front to unload shopping as to put the car in my parking spot (for which i have a permit for) would mean walking around 100 yards and going through several pull doors which is tricky when handling bags of heavy goods!

I was parked roughly 20mins to unload shopping, to find upon my return VCS had issued me a parking fine! The last time this happened my Dad was done in same spot by VCS, received threatening letters but never followed through the claim to court proceedings.

If i do the same would i get away with it?! Im bit nervous as the car is a company vehicle and to leave it unpaid would mean that I am liable of court charges (doubt it will get that far) then I would be screwed.

Can they legally enforce this charge? I read through previous threads and saw that only council, police and couple of other authorities can issue tickets that require payment. this still the case?
:mad:

ManxRed

No, they cannot legally enforce the charge.

However, if you ignore this, they will write to the Registered Keeper (I'm guessing this is either your employer, or a car lease company) and there is a danger that they will pay up and then try and force you into paying up.

You have two options:

1. Contact your employer / lease company to instruct them not to pay this, and not to issue any charges in connection with it as it represents an invoice for a penalty issued against a contract to which they are not even a party, and cannot possibly be legally liable. If they are OK with this, then all well and good. If they are not then:

2. Write to VCS and appeal the ticket. They will decline your appeal, but will then continue to write to you and you can then ignore everything they send, safe in the knowledge that they will not 'enforce' it!

AlexisV

You are allowed 20 minutes to unload on genuine double yellow lines.

If the double yellow lines are on private property, they are designed to mimic the double yellows on the public highway. A side effect of this is that they have no cause to ticket anyone loading or unloading for 20 minutes.

BASFORDLAD

I would actually ring vcs and tell you was the driver , this will be quicker and ensure you don't get any problems with your employer. Just tell vcs you will sort it in duq course

drewzle_2

irony is i know my employers are good with stuf like this and my Dad is the MD so there is no worries about that i just dont want them taking the company to court rather than myself as surely this is the car it belongs to?

I know my Dad when he got done was in the same situation as he uses the car through company etc.

Also just as i was writing, our secretary brought in a letter from VCS this time at Donny Airport capturing one of our vans stopping at the side of the road and has issued a fine via a CCTV pic of the back of the van!! surely they cannot do that?!

ManxRed

My God they'd be insane to take your company to court.

For starters the only party that can enter into their contract is the driver, a company couldn't do this, a company didn't park the car by one of their signs.

Your Dad got done? Who on earth by? Only a council issuing a ticket under traffic legislation could hold the Registered Keeper liable.

Also, VCS, by virtue of an upper tribunal case which they themselves lost, could not form a contract with a driver anyway, as they do not have sufficient rights in the land.

There's no way your company could possibly be 'done' over a civil dispute like this.

BASFORDLAD

Vcs patrol Donny airport. Seen it on Sheffield forum, nothing changes though

Coupon-mad

drewzle wrote: »

irony is i know my employers are good with stuf like this and my Dad is the MD so there is no worries about that i just dont want them taking the company to court rather than myself as surely this is the car it belongs to?

I know my Dad when he got done was in the same situation as he uses the car through company etc.

Also just as i was writing, our secretary brought in a letter from VCS this time at Donny Airport capturing one of our vans stopping at the side of the road and has issued a fine via a CCTV pic of the back of the van!! surely they cannot do that?!

You Fleet Manager (or your Dad and the secretaries and staff!) really need to wise up about this scam. I do hope no-one is going to be daft enough to take the Airport fake PCN seriously as well? Please don't let them send it to the driver or anything and certainly don't let them pay it!

The company has zero liability.

http://www.fleetnews.co.uk/news/2009/5/28/question-private-parking-fines-fleets-urged/30698/

Use the BVRLA (Lease firms' Trade Body) template letters if you would rather always reply, than just ignore these fake scam 'PCNs' whenever you get one (personally I recommend just ignoring it and saving your postage!). Go here and then put the word 'private' in the search box:

http://www.bvrla.co.uk/

When you search for the word 'private' it will take you to two template letters which are self explanatory.

See this as well:

http://www.justanswer.com/uk-law/5isk3-hi-overstayed-berkley-precinct-car-park-ecclesall-rd.html

QUOTE (BARRISTER):
''This is a private land fine. They are unenforceable. This is not a parking fine however it may look. These companies are private firms that have no more right to punish you for the manner of your parking than your neighbour does. Only the police or the local Council can do that.''
QUOTE

and this:

http://www.youtube.com/watch?v=XAIcdi9niHA

I do hope your firm hasn't been spending years paying these fake PCNs? Only the Police or Council (or rarely, a Train Operator in their own car parks) can issue a real parking ticket. It's easy to tell the difference as a real one has the word 'PENALTY' in it (e.g. a real Council ticket is a Penalty Charge Notice whereas a typical private speculative scam invoice version impersonating a parking ticket, is a 'Parking Charge Notice').

The latter should be ignored completely even if the driver did appear to overstay or whatever. It's all hogwash!

Kingdom7

Hi my friend and i have both been issued with parking tickets by the council.we were out of town attending a friends wedding and was issued with tickets when parked in an unmarked disabled bay/road.
In all honesty as we were in a different town we were not used to unmarked disabled bays and we didnt even know it was for disabled users until we received a ticket. We have both since appealed this as without unmarked bays it is difficult for anyone to determine which part of the road is for disabled users. They did have a sign up on a pole but that still didnt indicate specifically.

My friend has received a response yet i havn't and there response was
"I have now had the opportunity to consider the information provided by you and also investigate the matter further. I have established that the CEO issued the notice because your vehicle was parked in a parking bay that is marked for the use of disabled badge holders only. Parking bays/areas that are designated for this purpose are clearly signed"

The bays were not marked. Are the council able to enforce this without the bays marked?

Coupon-mad

This post has nothing to do with private parking tickets so please start your own thread, yours is a Council ticket so completely different than this subject. Post here on the forum using the blue 'new thread' button:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

HTH

Kingdom7

Ok thanks