Parking Charge Notice - VCS

bazster

They must have entrance signs. I would think this is fatal to them.

Coupon-mad

mib150 wrote: »

Just had another drive to the site and can confirm that there are no VCS signs up when you enter, however there are good few dotted around attached to the walls.
Also I previously said that there are no signs up in the Wickes part of the car park, actually there are, don't know if this will make a difference?
Cheers

If you haven't sent the first challenge yet (as you haven't got a postal notice yet have you??) just change the last line I suggested above, to:

'Secondly, there is no signage whatsoever at the entrance to this site so good luck with your so-called 'evidence' for POPLA if you choose to reject my challenge.'

Only send a challenge when the first letter arrives if you've only had a windscreen ticket so far.

Guys_Dad

Coupon-mad wrote: »

If you haven't sent the first challenge yet (as you haven't got a postal notice yet have you??) just change the last line I suggested above, to:

'Secondly, there is no signage whatsoever at the entrance to this site so good luck with your so-called 'evidence' for POPLA if you choose to reject my challenge.'

Only send a challenge when the first letter arrives if you've only had a windscreen ticket so far.

Take pictures first, though !

mib150

Guys_Dad wrote: »

Take pictures first, though !

Yep, got pictures of the entrance.

Orrin

mib150 wrote: »

Just had another drive to the site and can confirm that there are no VCS signs up when you enter, however there are good few dotted around attached to the walls.
Also I previously said that there are no signs up in the Wickes part of the car park, actually there are, don't know if this will make a difference?
Cheers

The sign is their offer and you parking your car is your acceptance of that offer. If you can enter and park without reasonably having seen the sign then there is no contract.

nigelbb

Orrin wrote: »

The sign is their offer and you parking your car is your acceptance of that offer.

Even if there are signs where is the consideration necessary to form a contract? Additionally the offer of parking is made by the landowner so how can a motorist form a contract with a PPC?

Orrin

nigelbb wrote: »

Even if there are signs where is the consideration necessary to form a contract? Additionally the offer of parking is made by the landowner so how can a motorist form a contract with a PPC?

Not relevant in this case as without an entrance sign they will likely fall at the first hurdle.

mib150

Just received the 'notice to keeper' letter today.
It states in the letter: the terms and conditions to which the driver agrees to be contractually bound upon entering the car park are clearly placed at the entrance to the car park and in prominent positions throughout.

As I stated before there are no signs at the entrance and I have photographs to prove.

So now I guess I use Stroma's template with the added line about no signs at the entrance (should I state that I have the photos to prove?) also is it best to post or email? And should I put car details/PCN number on the letter/email?

Many thanks

Guys_Dad

I would appeal saying that there are no signs at the entrance and enclose photos.

"Dear VCS,

The keeper denies that the driver owes anything. The reason is that, despite your NtK saying "the terms and conditions to which the driver agrees to be contractually bound upon entering the car park are clearly placed at the entrance to the car park " there are none. Please find photographs that show clearly this is not the case. This constitutes my appeal.

If you really want to push the point at POPLA and be shown up to have failed to meet the BPA requirements as well as committing a blatant untruth on the Notice to Keeper, send me a POPLA code by return and, as the saying goes, bring it on. The BPA will love this one too.

If you prefer, cancel the charge.

Your choice,

Yours faithfully,"

mib150

Guys_Dad wrote: »

I would appeal saying that there are no signs at the entrance and enclose photos.

"Dear VCS,

The keeper denies that the driver owes anything. The reason is that, despite your NtK saying "the terms and conditions to which the driver agrees to be contractually bound upon entering the car park are clearly placed at the entrance to the car park " there are none. Please find photographs that show clearly this is not the case. This constitutes my appeal.

If you really want to push the point at POPLA and be shown up to have failed to meet the BPA requirements as well as committing a blatant untruth on the Notice to Keeper, send me a POPLA code by return and, as the saying goes, bring it on. The BPA will love this one too.

If you prefer, cancel the charge.

Your choice,

Yours faithfully,"

I notice that many of the suggested challenges are rather sarcastic, does this not wind the companies up or is it irrelevant as they have no case and just rely on a percentage of people just paying up?

Cheers