Personal Lease car - PCN - stopping on a road - S!!!!horpe

The_Deep

A medical emergency would be very difficult to counter in court, and it would need a judge with a heart of stone not to take account of it.

Mctodo

Thanks all.

So my final question if anyone can be so kind.

I have taken on board the below (or above).

Coupon-mad - I will not send it signed for, but I presume I still need to email just saying I will not be paying is this correct?

I will email highlighting:

- the circumstances, as already stated, medical emergency.

then:

breach of contract? no contract can be in place. What is the consideration?
contractual charge? no contract can be in place. What is the consideration?

That leaves trespass. What is the cost to the landowner? which the PCN issued is not a genuine pre-estimate of loss.

Do I put on the email I give them x days to reply with their final outcome? can i also mention not to even bother with the next set of threatening letters / debt recovery letters as this PCN is not court enforced and therefore a waste of both of time?

Just struggling on the email and what t should certainly say (again as the template son the newbie stickies are all geared towards car parks, and not a road they have chosen to mark as restricted access.

thanks again in advance! Great to know there is a place where you can get help & advice on issues such as these so there 12 million profit (as of 2012) can be reduced slightly!

Coupon-mad

EMAIL TODAY.

Say at the start that the Notice has been passed to you because the car is leased to you. So your challenge is something like this:



Dear VCS,

PCN REF: XXXXXX
I am writing with regards to your speculative invoice, sent initially to the vehicle owner. However, this Notice has now been properly passed to me because the owner is not liable - they are a lease company who are of course, not the day-to-day keepers of the car; I am. I meet the definition of 'keeper' in the POFA 2012 - I attach a copy of my lease agreement as proof of my right to reply as keeper.

However the driver has not been identified and will not be. As 'keeper' as defined in statute, I am entitled to appeal in my own right.

I require VCS to update your records with the actual keeper being noted as myself. Please take note that you cannot lawfully revert to the owner - if you do, I will complain immediately to the DVLA about the misuse of DVLA data and will hold you liable for any loss caused to myself.

So now let's go through the motions of a challenge for this 'PCN'. I require that you cancel the invoice on the following grounds:
1 - What are you alleging - breach of contract? no contract can be in place. What is the consideration? Contractual charge? no contract can be in place. What is the consideration?
2 - That leaves trespass. What is the cost to the landowner? The PCN issued is not a genuine pre-estimate of loss.
3 - There was a medical emergency and the driver had no option but to briefly stop, to check that the 12 week old passenger was safe. That was the sole reason for the driver stopping.

I have also complained to the landowner/retail park Managers and expect the charge to be cancelled.

Don't bother me with the spurious 'offer' of 'IAS' the not-seen-as-independent 'ADR' offered by the IPC, nor can you refer the matter to debt collectors because the alleged debt is disputed. If you think you have a case, issue court papers to me. If you have not done so by January 15th 2015 I will consider this matter closed.

Regards,

[Name]
The Keeper


(attach some sort of proof as to you being the keeper)


And complain in writing to the retail park, perhaps in your wife's name so that the complaint can come from the heart but without naming the driver.


And I would send a copy of both (complaint and challenge) to the lease firm with a covering note saying if VCS write again to them, they will have breached the DVLA rules and as such you want to be sure the lease company will not fall for the scam, and will send on to you without cost, any letter. You could even send them a copy of the Newspaper article as well to show good faith on your part (i.e. demonstrate to the lease firm that you have taken liability and you are not trying to 'get off' a real PCN).

Mctodo

Coupon-mad - wow, I cannot thank you enough!! I have actioned everything as you clearly advised. I will keep the post updated just in case anyone else has the same problem.

Thank you again, really great of you to take the time to help out, I would have been lost and/or slipped up and ended up paying without your help (and all that commented) in this forum.

Mctodo

Hi all,

Just an update..

I emailed them in Dec. No reply.
I have today received the official PCN through the post.

Would you recommend I re-send the email again, or just leave alone now.
Just concerned they may not have received it, you would at least expect an acknowledgement of the email would you not?

Coupon-mad

I have today received the official PCN through the post.

Would you recommend I re-send the email again, or just leave alone now.

Neither - appeal to the PCN then. You mean VCS have sent it to you? Appeal then AS KEEPER NOT DRIVER.

Mctodo

With it being a lease car, I was notified (form the lease company) well in advance about the charge.. without receiving anything from VCS..

So I emailed them (VCS) based on your post above in Dec.

Today I have received the PCN from VCS yes, advising me I have 28 days from 09/01/2015 to pay .. (the cctv images show the date of 21/11/2014)..

I have just double checked, the email on the form to appeal, is the exact email address I sent the above email too on Dec 22nd, so they will have it, just no acknowledgment..

Does it help anyone or would it help anyone in future if I scan and upload the actual letter?

thanks as always Coupon-mad.

Mctodo

HI all, another update..

Followed your advice again Coupon-Mad..

Finally had a reply from VCS, I have tried to attach below.. still unable to post links..

Again I hope your able to shed some more advice. Finding it difficult to find further information as all other threads seem to be parking related, rather than, in this case, a restricted road..

thanks in advance..

createdfor co uk /vcs-reply.pdf

Fergie76

http://createdfor.co.uk/vcs-reply.pdf

Fergie76

Why would they offer an appeal to the IAS if they are no replying on POFA12.

Up to you, but given that they are not relying on POFA12 and the IAS are a kangaroo court, I would just ignore, until you receive a LBCCC/court papers.