Excel / Vehicle Control Services

Lammylad

Hi all,

Hope you can help. I've had a look at the newbies guide but couldn't see exactly what I was looking for.

We have received a Parking Charge Notice from Vehicle Control Services Ltd related to parking at an Excel site in Birmingham. The 'offence' occurred on 02/01/2014 and they claim that we were parked without displaying a valid ticket / permit. I know that it was displayed in the windcreen and fortunately I still have it!

No penalty ticket was stuck to the windscreen and this PCN received three months later is the first we have heard of a problem.

What do I do now? Do I appeal directly to Vehicle Control Services in writing? Presumably they will say that the ticket wasn't there - we say it was - no parking ticket was stuck on the windscreen and there evidence is entry and exit pictures which wouldn't have seen the ticket that we paid for anyway.

Is there grounds for appeal due to no notice being put on the vehicle at the time? Or the fact that it is 3 months since the alleged offence?

Cheers in advance.

Guys_Dad

When did you receive the Notice in the post? What date did it have and was it a Notice to Keeper or telling you that yopu had missed the discount period?

Lammylad

Hi,
Parking Charge Notice dated 4/4/2014 and received today. It doesn't say anything about Notice to Keeper though there is still the offer of a discount for payment within 14 days.

Incidentally, the car is leased through the NHS. Should we assume that Vehicle Control Services have been in touch with the leasing company as they will be the registered owners?

The notice is from Vehicle Control Services Ltd but the parking ticket that I paid for and still have is from Excel Parking Services Ltd - does anyone know if they are one and the same?

Redx

they are "sister" companies and often confuse themselves with their paperwork, as do their debt collectors too

I think its safe to assume they contacted the RK/owner (the leasing company) and they have named the keeper or driver , in other words , passed on your details discharging themselves from liability under POFA 2012

so now you appeal this NTK in the normal manner, as keeper or driver , using the details in the NEWBIES sticky thread, to whoever sent you this NTK , if you wish you can also include a scan or photocopy of the parking ticket that was bought at the time , by the driver

admit nothing at this stage, just use the template , adapt it and mention the attached scan of the actual ticket that was paid for by the driver (no names), meaning its their fault and their problem , then wait for their reply

if necessary , use a popla appeal from here to take it to popla if they reject your "soft-appeal"

bazster

Apart from anything else, you have a great lever against them in that by purchasing a ticket from Excel you entered into a contract with Excel, not VCS, so VCS has no business chasing you about anything.

They may be the same actual people but they are different legal entities, and that's what matters.

Furthermore, VCS had no "reasonable cause" to request your details from DVLA because it wasn't a VCS car park, it was an Excel car park. You should write a complaint to DVLA, enclosing a copy of the notice you have received from VCS and a copy of your ticket from Excel, drawing their attention to the different companies and demanding that VCS has it's access to the DVLA database terminated for this very serious breach of the KADOE contract and the DPA.

Redx

agreed, do exactly as it says above but still appeal it , if necessary pointing out the breaches and telling them you have reported them to the BPA and the DVLA too

the more the better

Guys_Dad

The leasing company seem to be on message and haven't paid the PPC anything.

I would contact them and tell them that you have received the NtK and that you are dealing with it and, if the PPC contact them further, that they should refer any correspondence to you.

Lammylad

Thanks for the replies all.

Redx - you note that I shouldn't mention the drivers name however the PCN has 'important notes' on the back regarding an appeal which states that the drivers name must be given - will they ignore the appeal if I don't give the name?

It's approximately 90 days since the alleged offence - isn't this a bit much of a time gap?

Stroma

There are various breaches here, it's basically a cluster f##k by them! So do as advised from Bazster , but ensure you include the wording saying that only the driver can appeal. We could have both of these companies suspended at the same time

Redx

Lammylad wrote: »

Thanks for the replies all.

1) Redx - you note that I shouldn't mention the drivers name however the PCN has 'important notes' on the back regarding an appeal which states that the drivers name must be given - will they ignore the appeal if I don't give the name?

2) It's approximately 90 days since the alleged offence - isn't this a bit much of a time gap?

1) breach of BPA rules , you do not have to name the driver at all as per POFA 2012 LAW , note the word LAW , not "rules"

2) so what ? its taken them 90 days to deal with the pcn , the leasing company and then get the NTK to you , the keeper (not owner)

the RK (owner) has obviously discharged their liability under POFA 2012 so the PPC can really only pursue the driver , if they knew who was driving , which they dont know unless somebody broke the DPA or unless you admitted it !

not complying with POFA 2012 is not relevant here, but the rules and laws governing this PCN are relevant , so in theory they could send you this invoice 12 months later than the initial date of the alleged rule breaking , or 2 years later, but only the driver can be actually pursued here , unless I missed something

either way, you still follow the advice here , because you asked for it and wanted help , not because you wanted to help them do their job for them lol