Vcs pcn

Dualpost

Hi guys,

I know there has been hundreds of PCNs in private car parks but I'd like some advice specifically for mine as I used the advice from old posts and chose to ignore, since POFA has been introduced I should have done things differently.

The PCN goes through all the usual wording I have seen elsewhere
however there are no images of my vehicle being parked in the specified car park.

The letter does however say "The above photographic evidence and data is held on file to support this claim in accordance with the Data Protection Act 1998."

I initially tore up the first letter as I have not driven and parked the car in that car park,
I am however the registered owner.

I have then received another identical letter which I decided to ignore.

Since then I have received numerous letters from Rossendales Collect and then a couple from Newlyn.

I had ignored all of these too, there is a total of 7 in my possession (the torn up one went straight in the bin).

The final letter from Newlyn is saying I must pay within 14 days or a county court judgement
may be initiated which will be enforced by a court appointed bailiff.

Now VCS have not disclosed any photographic evidence,
I am the registered keeper but I was not the driver,
I cannot even recall the day of the alleged contravention.

The fine was initially £100 or £60 if paid early,
additions £33 have been add as per debt collectoricon resulting in the grand sum of £166.

How should I proceed? Can I still appeal and gain a POPLA code? What is the likelyhood of VCS taking this to court?

Coupon-mad

How should I proceed? Can I still appeal and gain a POPLA code? What is the likelyhood of VCS taking this to court?

The NEWBIES sticky thread has a whole post section on 'debt collector stage' which is where you are at. Unlikely you can appeal and get a POPLA code but you could write to VCS (and the debt collector) and name the driver if it was a postal PCN that was NOT Issued on Airport land. That means the registered keeper (you) is no longer 'liable' and that the driver would have to be sent their own Notice (VCS won't play ball but they'd be stuck if there was never a windscreen PCN at all). The driver would be entitled to their own Notice and appeal from scratch - if it wasn't a windscreen ticket case - and if VCS don't send the driver one then that's VCS' look out.

I have been brief because this is already explained in the NEWBIES thread. There's info about what to do 'if too late to appeal, you think?'. VCS are unlikely to try court but better to discharge your liability IF it was a postal PCN and NOT issued re Airport land.

Redx

Dualpost wrote: »

1) Since then I have received numerous letters from Rossendales Collect and then a couple from Newlyn.

I had ignored all of these too, there is a total of 7 in my possession (the torn up one went straight in the bin).

The final letter from Newlyn is saying I must pay within 14 days or a county court judgement
may be initiated which will be enforced by a court appointed bailiff.

Now VCS have not disclosed any photographic evidence,

2) I am the registered keeper but I was not the driver,
I cannot even recall the day of the alleged contravention.

3) The fine was initially £100 or £60 if paid early,
additions £33 have been add as per debt collector resulting in the grand sum of £166.

4) How should I proceed?

5) Can I still appeal and gain a POPLA code?

6) What is the likelyhood of VCS taking this to court?

1) you missed reading the NEWBIES sticky thread at the top of this forum, it has a whole section on all this debt collector stuff including those names

2) this may not help you although normally POFA 2012 doesnt apply at airports etc but may do so if its relevant land and if the pcn was issued after september 2012

3) its not a fine , its a speculative invoice , it wont say the f word anywhere on your paperwork

4) who says you can proceed ? other than to keep ignoring and hope VCS dont send you an LBC or an MCOL

5) no as its outside the 28 day appeal window , so they will refuse a popla code (you can still appeal, dont expect a popla code or any help from them though)

6) its certainly possible

so you can appeal at any time, but I dont believe it will help you other than to prove you tried to settle the matter if it goes further so is a good idea , of if no windscreen ticket was issued, name the driver and reset the pcn in their name

Dualpost

Thank you for the replies. I did ready the stickies but didn't get as far down as the posts.

Because it was nearly 4 months away, I cannot recall exactly who the driver was. I'll be sending a reply to VCS stating this and in the meantime I will try to pinpoint who the driver was.

This was a postal PCN and not a windscreen one.

Something that I picked up on my initial read was this:

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to) the Notice has to arrive by day 15 if there was no windscreen ticket, and between day 29 and day 56 if there was a windscreen ticket

Now they do state keeper liability under POFA but there was far more than 15 days between the date of contravention and date the NTK was issued, what effect can this have?

Umkomaas

Now they do state keeper liability under POFA but there was far more than 15 days between the date of contravention and date the NTK was issued, what effect can this have?

Marginal - but as you are past the point of POPLA appeal as the RK, it's pretty moot (and judges haven't got their heads around this for it to be a magic bullet defence point).

Find the driver or be ready to ride this out through the threatogram stages. But don't ignore anything headed 'Letter Before Action' (or similar) from VCS or solicitors acting on their behalf, or court papers from Northampton Court (national distribution centre) which most definitely should NOT be ignored. Rossendale/Newlyn can't take you to court.

Dualpost

Okay, I'll be sending an email requesting an appeal (it's very late I know but the sticky suggest this), if this doesn't work I'll hopefully have pinpointed the driver and get them to appeal to VCS and then through POPLA if it fails.

Dualpost

I have just noticed the PCN number from VCS DOES match the PCN on Rossendales Collect letters but it DOES NOT match the letters from newlyns, surely this is not correct?

Umkomaas

Dualpost wrote: »

Okay, I'll be sending an email requesting an appeal (it's very late I know but the sticky suggest this), if this doesn't work I'll hopefully have pinpointed the driver and get them to appeal to VCS and then through POPLA if it fails.

If you find the driver YOU must initiate the action by providing, as RK, his/her name and address for service to VCS, who should then issue to him/her a Notice to Driver, with then both appeal routes open to him/her.

This removes any potential liability from you, the RK. But don't expect an easy ride in switching VCS' attention away from you.

We'll help you along that route, should it become necessary.

Redx

ignore the debt collectors and use the vcs number with an appeal direct to vcs

as for pofa 2012, it also may or may not apply so check the car park to see if its relevant land or not

Coupon-mad

Dualpost wrote: »

Something that I picked up on my initial read was this:

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to) the Notice has to arrive by day 15 if there was no windscreen ticket, and between day 29 and day 56 if there was a windscreen ticket

Now they do state keeper liability under POFA but there was far more than 15 days between the date of contravention and date the NTK was issued, what effect can this have?

See post #6 of the sticky thread for email addies for the BPA and the DVLA. Send the offending NTK as an attachment and point out that you are now being sent threats by debt collectors even though the NTK was posted outside of the time limit for keeper liability. As VCS have not identified the driver and you have no reason to help them in this regard even if you could be sure (which you cannot), you wish to make a formal complaint about VCS. Basically, the NTK wording alleged 'keeper liability' and so do the debt collector letters, when there is no keeper liability possible in this case.

Remind the BPA and DVLA that firms were banned by the DVLA for alleging the keeper was liable when they were not. Ask for an outcome to their investigation to be sent to you because you consider this to be a clear case of unwarranted harassment of the wrong party and it should not be for the motorist to point out if a PPC has sent the NTK too late. VCS must not mislead people with their wording and nor can a debt collector chase the wrong party as if they are liable when they are not, in law.

Dualpost

Okay, I will let you know when I find the driver so I can appeal correctly as maximise my chances through POPLA.

The contravention date was 10/02/2014 but the issue date of this notice was 17/03/2014, over a month later when it should be 2 weeks, this gives me another angle of attack, thank you very much Coupon-mad for that post.

Redx how would I go about checking if the car park is relevant land or not? The letter states Privately operated car park on xxxxx street, I do not know which car park it is.