Rejection of appeal by VCS took longer than 28 days - What next?

Mickey1051

Hi all, relative got PCN in Excel car park from Vehicle Control Services. Using info from off here, relative appealed to VCS and predictably VCS rejected the appeal BUT their rejection letter was only dated on day 28 and didn't arrive till day 30!

On the PCN, VCS state they have to respond within 28 days or if it is going to take longer then they will notify of delay. As neither of these happened what's next?

Does relative simply say to VCS - your rejection letter was out of time limits and therefore void. Please cancel / withdraw the PCN and let me know by return of post that the matter is closed, or does something specific have to be quoted. All advice welcomed. Mickey.

bod1467

What was the date of the alleged "parking" event? (i.e. is this VCS as BPA members, or VCS as IPC members? I think they switched 1st October).

hoohoo

Your relly can raise this as a breach of the code of practice with the ATA (BPA or IPC) but they won't really care.

Its not a winning appeal point.

Mickey1051

Date of 'parking offence' was 11 October. PCN dated 21 October has VCS as 'Accredited IPC Operator'. Rejection letter from VCS dated 24 November has both BPA and IPC logos on bottom of page.

I asked about time limit being exceeded because if it was my relative failing to get appeal in within 21 days of PCN (time limit stated on PCN), then I'm positive VCS would disregard the appeal purely because it was out of time. VCS state that "Late appeals will not be accepted unless there are exceptional mitigating circumstances AND at the company's discretion".

Surely the process should work both ways, so that VCS do not have an 'unfair' advantage over the other side.

Coupon-mad

Mickey1051 wrote: »

Hi all, relative got PCN in Excel car park from Vehicle Control Services. Using info from off here, relative appealed to VCS and predictably VCS rejected the appeal BUT their rejection letter was only dated on day 28 and didn't arrive till day 30!

On the PCN, VCS state they have to respond within 28 days or if it is going to take longer then they will notify of delay. As neither of these happened what's next?

Does relative simply say to VCS - your rejection letter was out of time limits and therefore void. Please cancel / withdraw the PCN and let me know by return of post that the matter is closed, or does something specific have to be quoted. All advice welcomed. Mickey.

Forget it, not important and won't win an IAS appeal. More important would be for you to read other recent VCS threads from this week and see the issues discussed recently and to compare the signs and the NTK (if the PCN was postal) to those shown in those recent threads.

For example it's clear from 2 threads that VCS are now using a NTK which doesn't say they will pursue the registered keeper under the POFA 2012. Instead where it talks about the keeper (if the driver isn't named) it says 'we will pursue you on the balance of probabilities that you were also the driver' or words to that effect.

So is this a NTK where they aren't using the POFA?

Or was there only a windscreen ticket, not a postal NTK?

Has the driver already given away who was driving, in the appeal?

Was this a retail car park or where? Have they complained to the Store Manager or owner?

Do the signs say Excel or VCS - they are 2 different companies so they can't mix and match?

Please show us pictures of the signs because the wording can determine whether to bother with an IAS appeal or not. Some posters here consider the IAS to be allegedly, a kangaroo court, and many are not proceeding thru' the second stage because they don't trust it not to be biased in favour of the IPC member (I couldn't possibly comment on whether it is or isn't!).

If you can't post a URL yet, change the http to hxxp so the link is 'broken'.

Do read other VCS threads first - put 'VCS IAS' into 'search this forum' above the sticky threads.

hoohoo

You are mistaken in that the process is required to be fair. Deadlines are only enforced if the motorist fails to keep to them.

The IPC will show your evidence to the operator, but not the other way round, will let them make representations on your evidence, but not the other way round, and will choose an anonymous assessor using a process open to abuse.

VCS are members of the BPA for one thing, and of the IAS to get access to the IAS appeals system.

Mickey1051

Coupon-mad wrote: »

So is this a NTK where they aren't using the POFA?

Postal NTK

Coupon-mad wrote: »

Has the driver already given away who was driving, in the appeal?

Truth is relative is registered keeper and was not driving at time. Driver's details not revealed

Coupon-mad wrote: »

Was this a retail car park or where? Have they complained to the Store Manager or owner?

Non retail, just open air car park location Albert Street Birmingham, handy for city centre.

Coupon-mad wrote: »

Do the signs say Excel or VCS - they are 2 different companies so they can't mix and match?

Signs say Excel, PCN from VCS. My partner says this cannot be correct as VCS do not 'introduce themselves as sister company of Excel or acting for Excel' and should be told to go away:p

Coupon-mad wrote: »

Please show us pictures of the signs because the wording can determine whether to bother with an IAS appeal or not.

Sign pictures aren't best. Will try & upload PCN first & signs later. Thanks. Tried adding link but cannot do it even putting hxxp. Have tried adding image but both result in following message:

"Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue."

Is this the section of PCN you want to see - "Should the Registered Keeper either provide an unserviceable name and address of the driver OR the named driver denies they were the driver, we may pursue the Registered Keeper for any Parking Charge amount that remains outstanding on the assumption that they were the driver."?

If not I'll have to try and add an image later.

bod1467

Just put the link in with hxxp. DON'T try to wrap IMG tags around it.

hoohoo

Very interesting because Excel use POPLA, where they lose on GPEOL and VCS use the IPC, where there is not a robust independent appeal system.

If Excel are trying to sneak their tickets through the IPC, this stinks.

Coupon-mad

Signs say Excel, PCN from VCS. My partner says this cannot be correct as VCS do not 'introduce themselves as sister company of Excel or acting for Excel' and should be told to go away.

We agree. THis is a VERY valid point.

Also you haven't answered whether the NTK is one where they are NOT using the POFA (I explained what to look for above, and I did also explain how to post a broken link but I guess it was too much information!). So is the VCS NTK one where they say the keeper is being pursued under the POFA or 'as if they were the driver'?

Mickey1051

Hi all, I'm grateful for all the info but having trouble following your instructions. I've tried hxxp & couldn't post because got message "Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue."

Will try first page of PCN again here hxxp://s280.photobucket.com/user/TonyR12_2008/media/img032v25.jpg.html?filters[user]=71257282&filters[recent]=1&sort=1&o=0