PCN - appeal to IAS

dr_jones

Drafted this complaint to the landowner - difficult to know which points to push when it's a private owner rather than the retailer. Any feedback welcome...

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OFFICIAL COMPLAINT ABOUT VEHICLE CONTROL SERVICES LTD, AS AGENTS FOR ST ANDREWS RETAIL PARK, HULL

I am forced to make an official complaint to you because the actions of your agent, Vehicle Control Services Ltd (VCS), are upsetting and intimidating.

I received a letter purporting to mimic a 'parking ticket' - yet knew nothing about any issues at the time of using the retail park. It was across the busy Christmas period and I remember clearly having to drive around for some time waiting for a parking space to become available. Likewise, queuing up to leave the car park took a lot longer than normal. This retail park is notoriously difficult to exit as demonstrated by the fact that our local councillor is attempting to agree development for a separate exit after a lady was unfortunately killed in 2013 while crossing the road.

Out of the blue I was sent a ‘supposed’ parking ticket by your agents for apparently 'overstaying' the 2 hour time limit by 16 minutes. I am now expected to enter into correspondence with this third party private company who I had no dealings with, no contract with, and who are demanding a lot of money and threatening me with potential court proceedings - this is totally unacceptable.

Apparently their ANPR camera system records vehicles at the point of entering and leaving the carpark and does not take into consideration delays such as those described above - the amount of time actually ‘parked’ is not recorded.

I am very upset and increasingly angry about this entire episode. I am a regular customer at the retail park and spend a lot of money there over the course of the year but to now be harassed in this manner has left a very nasty taste in the mouth.

I have researched the matter and have escalated my challenge against VCS to the Independent Appeals Service and am fully prepared to go beyond if necessary. However, I am asking you as the land owner to cancel this PCN l because I feel you need to know that the behaviour of your agents is alienating genuine customers which could have a serious affect on the prosperity of the retail park. Having a friend who works for the local newspaper I know for a fact they are receiving hundreds of complaints about this very thing.

The demand for £100 is completely unjustified, it is for an alleged ‘breach of contract’ which means legally it has to be based on a genuine loss to either you or to VCS as a direct result of the 16 minute ‘overstay’ - which is ludicrous because the car park is free of charge.

VCS claim to be bound by the IPC Code of Practice but you may be interested to know their management of your land is in clear breach of it. At the time of this alleged ‘offence’ I have evidence that there was no sign at the entrance to the car park which is required to inform the driver they are bound by parking terms and conditions and there was also an inadequate number of signs within the site itself leaving drivers unaware that they have (according to VCS) ‘entered into a contract’. VCS have acknowledged this failure by recently taking steps to replace these ‘missing’ signs.

I would welcome your own view on this harassment and hope you see fit to ensure that VCS cancel the 'ticket' forthwith. I believe you are fully authorised to do this because VCS are acting on your behalf – during my research I have read about many instances in which the land owner has seen fit to intervene in situations whereby valued customers are being aggressively and unjustly harassed.

DoaM

That looks really good to me.

dr_jones

Struggling to find the actual landowner for this. Have paid £3 to land registry for one of the units on the retail park - it's a tricky document to follow, the registered owner *is* the retailer but it also alludes to a lease agreement between the retailer and 'Mccaul Investments Ltd'. Anyone heard of them?

I can get company address and names of the directors but would like to be sure this is the relevant company.

I've spammed all of the shops on the retail park to put me in touch with the person responsible for parking facilities so will see if anything comes of that...

eddy1

what gets me is, how can a company (IAS) who are a trading name of the IPC, be truly independent, with no scrutiny like popla have.
it is absolutely beyond belief. it is worse than Wonga sending out fake solicitors letters, because these cowboys are making decisions with a potential financial consequence. A freedom of information request regarding who the "solicitors" are making these decisions is warranted as well as % of appeals found in favour of drivers
eddy

Fergie76

Except you can only FOI public bodies and the IPC is not a public body.

Captain_Leaky

The one best way to shine unwelcome light upon these people is to keep picking away at em by asking awkward questions about their VAT status. If HMRC start poking, then others will follow.

Herzlos

Marktheshark wrote: »

They were set up by a PPC owner who was fed up with POPLA overturning invoices.
How can this be independent ?

It's independent of popla.

dr_jones

Was a ball ache but finally tracked them down after chasing a previous owner. They forwarded my complaint to their agents who manage the land - asking for a full investigation. A week later got a reply through saying they are cancelling the charge as a "gesture of goodwill".

Got letter of confirmation from VCS this morning :beer:

Massive thanks to all the regular posters on here. I know its frustrating at times but please keep going.

Umkomaas

What an appalling journey you've had to get a parking charge, which had no basis, cancelled.

Well done on having the resilience to pursue this - but you can see why so many motorists capitulate - and why PPCs get richer!

dr_jones

Yep, it's pretty unbelievable.

Can't stress enough to others in this situation the importance of badgering retailers / landowners. For IPC charges this is the best chance of getting it cancelled.