What should I do next?

MarySpencer

Hi, I would really appreciate some help on this...

My mum visited a local retail park (regular customer), she spent over £230. She stayed 30 minutes over the permitted time. She was sent a charge of £100 (£40 reduction for early payment) by Vehicle Control Services Ltd. This initial letter has two photos (via ANPR system) of her car - arriving and leaving the carpark. Both photos have a time/date stamp. We are in England. We don't know whether the letter arrived within 14 days but have to presume it did as we can't prove otherwise.

Following advice from this and other sites I told her to ignore the letter. She has just had the follow up letter requesting £100.

Yesterday I read 'A Walk Through the Process' (sorry can't post links as I'm a newbie!) which is helpful, it's just that now I am uncertain as to what's best to do in our particular circumstance.

Today I went to the retail park with my mum and visited the three shops in which she had spent the money. We spoke to each manager and they all agreed to provide a letter indicating that she was a genuine customer and had spent money on that particular day. (she no longer has the receipts but seeing her bank statement was enough for the managers). They were all apalled at the charge but also indicated that the car park is a private car park not belonging to them. I am fairly sure the car park belongs to Excel Parking (excelparking dot co dot uk).

I have one of the managers letters already but awaiting the other two which should arrive in the next couple of days.

I have compared the postal PCN (NTK) to paragraph 8 or 9 of POFA 2012 as directed on the 'newbies' page. I see no errors or omissions. I am visiting the park again tomorrow and will take a picture of the signing and look for errors.

My next step?

I was planning on contacting the manager of the retail park to put my case to them in the hopes that they may have some compassion and help get this ticket cancelled if they have the power (although I don't yet know who owns the park and am struggling to find out!).

Am I on the right track or should I revert to an 'ignore' strategy?

I would really appreciate any help you guys can give me!

Half_way

As well as complaining to the parking company, about their unjust demands for your hard earned cash, you should also complain to whoever is responsible for the car park, as they are responsible for the actions of their agents - the parking company

MarySpencer

Hi Half_way, thanks for your reply. I am a little unclear, what's the difference between the 'parking company' and 'whoever is responsible for the car park'?
Probably a stupid question but I'm obviously new to all this

Redx

a landowner would be responsible for the car park, normally this is not the PPC (private parking company) as they are acting as agent to enforce parking on the private land

I very much doubt that anybody on this site told you to ignore any letters, as the law changed a year ago

read the sticky threads by coupon-mad, and any others that are relevant like the one giving you the guide to all the acronyms like NTK and PPC too

a lot of people are new to all this so the point is spend some time reading and dont rush

MarySpencer

Hi Redx, many thanks, I've read that sticky already it's very useful thank you. I've done some searching on this site but can't find how to determine the land owners. I'm sure this might be straight forward for the experienced but as I say I'm struggling a bit on that.

As mentioned in my original post the letters have been sent by Vehicle Control Services (VCS). The carpark in question I think is linked to Excel Parking, but having visited their site they seem to be doing pretty much the same thing as VCS (which in itself is confusing as I'd expect them to manage their own carpark)

Redx

yes , its all of a muddle and designed to be that way, especially as these companies may have several trading names

they are rarely if ever the landowner , usually just the PPC agent acting on behalf of somebody (legally or illegally)

so yes its a minefield, but if the PPC have sent the correct paperwork you would have had the name of the creditor . or you can try google or land searches or local councils or ask the shops , depends how proactive you are and even then in some cases its still almost impossible to find the landowner details

nobody said it was easy and they arent going to just roll over and make it easy as they just want their exorbitant charges to be paid, legal or otherwise

MarySpencer

Defo not easy! Having said that I've just found the following on this site

"Parking control is done by Vehicle Control Services, sister company of the discredited Excel."

So I guess that kind of resolves that.

Coupon-mad

Is this the Peel Centre? If so then the sticky thread 'successful complaints about PPCs' has the email address of the manager of the Centre, in one of the Excel links in post #2. Excel do not own ANY car parks that I know of - they are just a parasite company.

Is Mum elderly or disabled or has any longterm medical condition (even if no Blue Badge?). If so then she is actually protected by the Equality Act 2010 and they are breaking the law.

MarySpencer

No it's not the Peel Centre.

Unfortunately she isn't disabled or have any long-term medical conditions which is a shame.

I'm going to contact the head offices of the shops whose managers have written me letters to get the land owners / retail park manager contact details.

I was talking to a manager there today and was told that they got a ticket whilst parked there at midnight doing a stock check and 'had to' pay the charge - crazy.

Coupon-mad

Crazy that they were stupid enough to pay the fake PCN!

Don't forget to appeal as well as to complain, so that you have POPLA to fall back on with our help, which you would win.

MarySpencer

I will certainly appeal. Is there any chance that I will have to pay more then £100 as a result of a failed appeal?