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

Mickey1051

Second page PCN hxxp://s280.photobucket.com/user/TonyR12_2008/media/img034v25.jpg.html?filters[user]=71257282&filters[recent]=1&sort=1&o=0

Mickey1051

Signage photos

hxxp://s280.photobucket.com/user/TonyR12_2008/media/20141130_155340_resized.jpg.html?sort=3&o=0

hxxp://s280.photobucket.com/user/TonyR12_2008/media/20141130_155332_resized.jpg.html?sort=3&o=1

hxxp://s280.photobucket.com/user/TonyR12_2008/media/20141130_155302_resized.jpg.html?sort=3&o=2

hxxp://s280.photobucket.com/user/TonyR12_2008/media/20141130_155248_resized.jpg.html?sort=3&o=3

hxxp://s280.photobucket.com/user/TonyR12_2008/media/20141130_155244_resized.jpg.html?sort=3&o=4

hxxp://s280.photobucket.com/user/TonyR12_2008/media/20141130_155153_resized.jpg.html?sort=3&o=5

Mickey1051

Hi coupon mad, nowhere in PCN can I see POFA 2012 mentioned. I did type in what I thought was relevant paragraph, but now you should be able to read PCN. Thanks again for everyones interest & advice.

Fruitcake

Signage photos

http://s280.photobucket.com/user/TonyR12_2008/media/20141130_155340_resized.jpg.html?sort=3&o=0

http://s280.photobucket.com/user/TonyR12_2008/media/20141130_155332_resized.jpg.html?sort=3&o=1

http://s280.photobucket.com/user/TonyR12_2008/media/20141130_155302_resized.jpg.html?sort=3&o=2

http://s280.photobucket.com/user/TonyR12_2008/media/20141130_155248_resized.jpg.html?sort=3&o=3

http://s280.photobucket.com/user/TonyR12_2008/media/20141130_155244_resized.jpg.html?sort=3&o=4

http://s280.photobucket.com/user/TonyR12_2008/media/20141130_155153_resized.jpg.html?sort=3&o=5

hoohoo

The signage says the contract is with Excel Parking Limited.

This therefore stinks.

Meanwhile the NtK does not have para 9(2)(f)

(f) warn the keeper that if, after the period of 28 days beginning with the
day after that on which the notice is given—
(i) the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a
current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule
are met) have the right to recover from the keeper so much of that
amount as remains unpaid;

Therefore, as you were not the driver, both POPLA or the IAS, whoever finally deal with this, should uphold the appeal. Even Mr Sarky from the IAS will have trouble with this one.

Coupon-mad

Agreed - even the IAS couldn't disagree about the signs being from another company (make sure you attach your signage pics before clicking submit on the IAS appeal). And firstly, show us the draft you intend to send.

Mickey1051

Hi hoohoo, I've got that section of POFA that you quote, but you will have to excuse me for being slow on this.

Are you saying that as NTK does not refer to POFA 2012 & specifically that section you mention, VCS cannot assume that the Registerd Keeper is the driver? (written in the NTK is ".... we may pursue the Registered Keeper for any Parking Charge amount that remains outstanding on the assumption that they were the driver.")

I'm sorry if I'm way off with that thought, perhaps when you have chance you could explain the implication of not having that in the NTK, in terms a 50 year-old could understand. I'm doing my best to keep up honestly! Thanks, Mickey.

Castle

Your contract is clearly with Excel Parking Ltd and at best VCS are only acting as an agent of Excel Parking Ltd. Since Excel are members of the BPA then VCS must also comply with the BPA Code under section 15.1.


I would be sending an appeal to Excel as well to request a POPLA code.

Coupon-mad

Mickey1051 wrote: »

Hi hoohoo, I've got that section of POFA that you quote, but you will have to excuse me for being slow on this.

Are you saying that as NTK does not refer to POFA 2012 & specifically that section you mention, VCS cannot assume that the Registerd Keeper is the driver? (written in the NTK is ".... we may pursue the Registered Keeper for any Parking Charge amount that remains outstanding on the assumption that they were the driver.")

I'm sorry if I'm way off with that thought, perhaps when you have chance you could explain the implication of not having that in the NTK, in terms a 50 year-old could understand. I'm doing my best to keep up honestly! Thanks, Mickey.

LOL! I too am around 50 and I believe that hoohoo is in that ball park as well!

I did tell you above, with a link, that your wording means they are not using the POFA. It's the fact they say 'we may pursue the Registered Keeper for any Parking Charge amount that remains outstanding on the assumption that they were the driver' instead of something like 'we may pursue the Registered Keeper who will have become liable under the POFA 2012'.

Have you seen the Parking Prankster has blogged about your amazing situation? He posts here too and has picked this up, this is sharp practice by Excel/VCS:

http://parking-prankster.blogspot.co.uk/2014/12/excel-parking-services-ltd-try-one-two.html

You should be sending an email complaint to the BPA and the IPC (the Trade bodies involved) and demand that they knock Excel and VCs' heads together which would be quite amusing, seeing as both are owned by this grinning chap (now much older looking though, he's well over 50 now too!):

http://www.dailymail.co.uk/news/article-542355/Judge-quashes-300-parking-fine--set-frighten-intimidate-driver.html

Simon Renshaw-Smith used to be known as 'Captain Clampit' - yep an ex clamper now stinking rich off the back of these fake PCNs.

The contact details for the BPA and IPC are in the NEWBIES thread I wrote, in post #6 of it. Email them both, you could just attach your PCN and the pictures of the sign, and a link to PP's blog and say - please knock Mr Renshaw-Smith's head together (!) ... I expect this spurious charge to be cancelled. Failing that, I require a POPLA appeal please, not IAS, seeing as the car park has Excel signage only and POPLA known to be the lesser of two evils, having the advantage of being transparent and (usually) fair.

Mickey1051

Hi all, that 4 letter word (work) has kept me busy lately, as well as some contact with the Prankster. He has been busy behind the scenes & I'm just waiting for any news or advice he may have.

Relative has visited car park twice this week for more / clearer photos and VCS are not mentioned anywhere on any signage. As you all agree the contract must be with Excel and VCS should not be involved, I'm getting it in the neck from my partner who told me this a week ago. It's ok though, I can take it.

Will be back when I hear from the Prankster - it should be interesting. Thanks for everyone's time. Mickey.