VCS Parking Charge Notice- Do i have a case

DanceGirl

Hello everyone! I need help I have spent the last 2 days reading all of the Newbie forums, the links to all of the BPA's and POFA's and checking to see if there are similar situations to my own, to see if any questions I may have can be answered in there and it is just too much of an information overload for me so I hope you don't mind I have started a new thread!


I received a parking ticket from VCS ltd ( I have checked they are a BPA approved creditor). They have a photo of my car entering the car park site and then a photo of my car leaving 27 minutes later (ANPR) to which they say I have breached the car park terms and conditions and the reason for the contravention is Parking without a valid ticket/ permit. I've read through the Newbie forum and all of their wording looks in accordance with the POFA link. I didn't receive a windscreen ticket, the Notice came straight to my house 11 days later after the contravention date, after being posted by them 9 days after the contravention date. So I think they have abided by all the rules I can seem to get a grasp of. I have not replied anything to them yet.


The main problem I have is that it was mitigating circumstances as to why I didn't get a ticket. I didn't even park up! I went to park, realised I had no coins and tried to call my bf to come give me some coins as he was already in the centre waiting for me. After several unanswered calls I went to leave the car park- to which my bf then called me back and I said can you come pay for my parking. He said yes and I re-parked in another space. He came with his debit card and no change thinking he could do those phone pay and displays on his card and it was coins only. Anyway we then promptly left, I thought because it was pay and display we would be ok because there was no traffic warden and didn't realise ANPR even existed! Is this my own fault- and therefore do I not even have a case for an appeal to the £60 fine (reduced from 100)?


I checked and it only costs £1.20 for an hours park there so £60 seems really high for a genuine mistake by 2 forgetful and unprepared idiots (me and my bf) trying to park to grab lunch. However I see from the forums that mitigating circumstances are not a reason for POPLA to vote in favour of your appeal.


Any help would be great, I would rather pay the fine before next Friday when the price goes up if I am genuinely in the wrong otherwise any help in my appeal would be greatly appreciated!!!


thanks

Hot_Bring

Everything you need is actually in the Newbie thread but the condensed version is :

1. Send a simple appeal to VCS saying you do not believe they have the authority to issue charges and that the charge is not a genuine pre-estimate of losses, please cancel the ticket or provide a POPLA code.

2. When you get the VCS rejection appeal to POPLA with this boards help.

Two points - it's not a fine and PPCs and POPLA do not accept mitigating circumstances.

Big_Bad_Dad

Hello Dancegirl.

Based on the overload you have encountered, here are the condensed facts that apply to you:

1) You have not received a fine, or a penalty; use of such terms is not legal for a private enterprise. Only authorities can issue these. What you have is an invoice for what the parking company claim is a breach of contract to which you tacitly entered upon driving onto their client's property.

2) The BPA is the parking companies' trade body, created by, maintained by and serving the interests of the benefactor parking companies. Do not be hoodwinked into believing that the BPA is a government-funded regulatory body or watchdog akin to the Information Commission or OFFCOM.

3) Insofar are a parking company may convince YOU that they abide by BPA guidelines (for what little standing the BPA has in real terms), NOT ONE parking company is fully compliant - it is just that it is only noticeable to those better versed in the BPA Code of Practice.

4) Exactly as in point 3 with regards POFA which is the only legislation.


5) NO SINGLE CHARGE demanded by ANY PARKING COMPANY from ANY INDIVIDUAL has ANY LEGAL SUBSTANCE and is 100% UNENFORCEABLE. NO EXCEPTIONS.

6) The parking companies are bloodthirsty scam-mongers, they are NOT authorities, and human needs are not their concern; their only interest is that they have evidence that their target breached the terms on display and that the target owes them what they demand. They do not take mitigating circumstances into consideration. To this end you must never be disheartened if they reject your representation nor must you succumb to the false propaganda contained in their reasoning to believe that their decision is final. YOUR decision is final.

7) You need only write to VSC to deny their demand (don't use the word "appeal" because you don't want them thinking to accede to their authority). Ensure you specify that the demand does not reflect losses to the landowner.

8) When they refuse this, they should give you a POPLA authorisation code. You then repeat the grounds of your challenge to POPLA (not a genuine pre-estimate of loss) and it should be cancelled. POPLA have the power to cancel parking company demands, but should they side with the parking company, the decision is not binding for you. In this case, the parking company would need to sue.

Now by the time you may find yourself dealing with POPLA, it would be a good idea to return to this thread so that the other users can help you build a solid statement. The non-compliance by ALL parking companies of both POFA legislation and the BPA CoP runs wild. VCS have no hope in this world in enforcing their demand.

Chin up! Happy New Year!

kirkbyinfurnesslad_2

Don't even think of paying. Vcs will most likely reject your appeal but that doesn't matter.

Put what ever you want in your appeal but when they reject your appeal come back here and we will help you with your popla appeal

kirkbyinfurnesslad_2

Big_Bad_Dad wrote: »

Hello Dancegirl.

Based on the overload you have encountered, here are the condensed facts that apply to you:

1) You have not received a fine, or a penalty; use of such terms is not legal for a private enterprise. Only authorities can issue these. What you have is an invoice for what the parking company claim is a breach of contract to which you tacitly entered upon driving onto their client's property.

2) The BPA is the parking companies' trade body, created by, maintained by and serving the interests of the benefactor parking companies. Do not be hoodwinked into believing that the BPA is a government-funded regulatory body or watchdog akin to the Information Commission or OFFCOM.

3) Insofar are a parking company may convince YOU that they abide by BPA guidelines (for what little standing the BPA has in real terms), NOT ONE parking company is fully compliant - it is just that it is only noticeable to those better versed in the BPA Code of Practice.

4) Exactly as in point 3 with regards POFA which is the only legislation.


5) NO SINGLE CHARGE demanded by ANY PARKING COMPANY from ANY INDIVIDUAL has ANY LEGAL SUBSTANCE and is 100% UNENFORCEABLE. NO EXCEPTIONS.

6) The parking companies are bloodthirsty scam-mongers, they are NOT authorities, and human needs are not their concern; their only interest is that they have evidence that their target breached the terms on display and that the target owes them what they demand. They do not take mitigating circumstances into consideration. To this end you must never be disheartened if they reject your representation nor must you succumb to the false propaganda contained in their reasoning to believe that their decision is final. YOUR decision is final.

7) You need only write to VSC to deny their demand (don't use the word "appeal" because you don't want them thinking to accede to their authority). Ensure you specify that the demand does not reflect losses to the landowner.

8) When they refuse this, they should give you a POPLA authorisation code. You then repeat the grounds of your challenge to POPLA (not a genuine pre-estimate of loss) and it should be cancelled. POPLA have the power to cancel parking company demands, but should they side with the parking company, the decision is not binding for you. In this case, the parking company would need to sue.

Now by the time you may find yourself dealing with POPLA, it would be a good idea to return to this thread so that the other users can help you build a solid statement. The non-compliance by ALL parking companies of both POFA legislation and the BPA CoP runs wild. VCS have no hope in this world in enforcing their demand.

Chin up! Happy New Year!

That isnt actually true, in fact one parking company has worded their signs so they are easily enforceable. But thats another story

Computersaysno

kirkbyinfurnesslad wrote: »

That isnt actually true, in fact one parking company has worded their signs so they are easily enforceable. But thats another story

Now that sounds interesting!!!


GPEOL doesn't beat them??

kirkbyinfurnesslad_2

Computersaysno wrote: »

Now that sounds interesting!!!


GPEOL doesn't beat them??

Nope not at all.

Typical office/small business car parks etc, so those with permits.

They offer parking for a certain amount per 24 hour perioid

Computersaysno

kirkbyinfurnesslad wrote: »

Nope not at all.

Typical office/small business car parks etc, so those with permits.

They offer parking for a certain amount per 24 hour perioid

Ah.....I see!!!


Yeah that makes sense.


Although surely these firms only incur a 'loss' whenever a 'transgressor' takes the last parking space and deprives them of custom??


Or if it's a 'paid in advance permit' type of car park then it could be argued that the firm has had it's money from the permit holders so has not incurred any loss [unless they have to refund a permit holder because a 'transgressor' has parked in a space]??

nigelbb

Most of the car parks 'managed' by PPCs there is not even any question of a contract for parking e.g. store's free car park where the retailer offers parking as an incentive to shop i.e. gives permission or a licence in just the same way that they give permission to shoppers to enter their premises.

With pay & display car parks there is a contract for parking but any losses if a motorist overstays or doesn't buy a ticket are only ever going to be lost parking fee lis a small admin fee (the OFT thinks that £12 is a suitable sum).

Big_Bad_Dad

kirkbyinfurnesslad wrote: »

Nope not at all.

Typical office/small business car parks etc, so those with permits.

They offer parking for a certain amount per 24 hour perioid

I take it they don't issue fake charges then? Incidentally, who is this genuine company?

DanceGirl

Thanks for all your help everyone!!! I have sent them an email from your advice and from a template I found for first appeals using the Newbie forum. They sent me an automated reply immediately saying this:


Please be advised that we acknowledge receipt of your email, and will be responding directly to you in due course. However, prior to doing so we require the following information in advance to enable us to process your appeal/challenge. If you have not already done so, please forward the following information as a matter of urgency, as we are unable to process your appeal/challenge without it:

1) The PARKING NOTICE SERIAL NUMBER This can be found in the top right hand corner of the Notice and will be prefixed, SERIAL No. VC/____________.

2) A FULL POSTAL ADDRESS that we can correspond with, as all decisions are conveyed in a letter to the motorist.

3) The FULL NAME of the motorist.

If you are unable to locate the PARKING NOTICE SERIAL NUMBER we will require the full vehicle registration number of the vehicle to which the NOTICE was served.

Please be advised that Vehicle Control Services Ltd cannot accept any responsibility for any increase in the NOTICE CHARGE should YOU fail to provide us with the requested information within 7 (SEVEN) days from the date of this email.

Upon receipt of the required information we will place the NOTICE on hold while the circumstances surrounding the issue of the NOTICE are investigated and the Management team review the contents of your email. Once a decision has been reached, a letter will be issued to the motorist at the identified postal address conveying the outcome of the appeal/challenge. We will advise you in writing of any further course of action you should take, as deemed necessary to support your appeal/challenge.

Be advised – WE ARE UNABLE TO PROCESS YOUR APPEAL/CHALLENGE WITHOUT THE PROVISION OF THE ABOVE REQUESTED INFORMATION – A PARKING NOTICE SERIAL NUMBER AND THE FULL NAME AND ADDRESS OF THE MOTORIST.

If you have already provided all relevant information, then please accept our apologies and ignore this email, as we will be dealing with your appeal/challenge and notification of the outcome will be sent to you in due course.


Is this a standard? or are they trying to say that they will not process my appeal until I give them the name of whoever was driving? what should I do? In the appeal email i have only referred to myself as the registered keeper like told and have not mentioned who the driver was?


thanks