Help with Vehichle Control Service PCN!!!!!

Ads88

Hi I am need to the forum and need some help with a PCN I recieved.

I recieved a PCN from VCS on the 8th of November 2014 for not displaying a permit in a permit holder only section (I did have a valid work permit that must have fallen off the dashboard as on returning to the car I found it had fallen down near my gear stick).

I did what the forum says and wait till the PCN came in the post but unfortunately I wasn't at home when it arrived ( was away) and a family member misplaced the letter. When I wrote an appeal they said it was too late after the appeal deadline. The charge is for £100 which I believe is unrealistic for parking in a section that was designated for my permit and which on the day was empty as have photo evidence, so I don't know how they justify £100 pound in losses.

I wrote back to VCS asking for a POPLA code under the advise in the forum that POPLA even first appeal was late. They wrote back saying that I would not be issues a POPLA number. The point I don't understand is that VCS is no longer with the BPA if I am correct, but display it on the signs in this car park. If so does this mean the sign and therefore the contract is out of date? If this is not the case under the BPA rules they should offer me a POPLA number for their other dispute route?
Also some of the signs in the car park are covered by objects and trees and in poor lit areas making them not clear ( have photo evidence).

Currently VCS have got back to me with a letter saying that as a gesture of goodwill I can pay the reduced fee of £60 or go through and appeal to the IAS ( although I don't want to go through that kangaroo court).

Any help on how to approach this would be greatly appreciated.
Thanks

Ads88

Also when asking them to justify and breakdown the loss of £100 they have not offered any insight. I have heard cases of POPLA numbers being able to be given at any time even if appeal was late.

enfield_freddy

"Currently VCS have got back to me with a letter saying that as a gesture of goodwill I can pay the reduced fee of £60 or go through and appeal to the IAS ( although I don't want to go through that kangaroo court).


no , you write back , and say "as a gesture of goodwill " I will give you 7 working days to send a POPLa code , after this time I will deem the matter closed.


you are under the understanding that I read and understood your signage , yes I did , and part of that gave me the security of the BPA and a appeal via POPLa.


either we both accept that you signage was correct and legal or we don,t


having taken Photo,s of said signage , they will be a small part of my defence should you decide to use the small claims court.




or you could just do it in a one liner ,


"I refer you to Arkell v. Pressdram (1971)"


http://www.nasw.org/users/nbauman/arkell.htm

Ads88

Thank you for your help. If they or no longer part of BPA (I thought I read something about them leaving near the end of 2014) and not letting me use their dispute route of POPLA the are breaching the terms of that contract formed. Or that the contract is outdated and no longer valid?

Ads88

Is there any point in appealing to the IAS or should I just keep at them to give me a POPLA code?

enfield_freddy

vcs left the BPA on Monday 29th September 2014 http://www.vehiclecontrol.co.uk/news-vcsjoinsipc.html




however you entered into a contract after reading and UNDERSTANDING it , mention was made of the BPA/POPLa appeals process , and you accepted this , had you have known they were a member of the IPC , you would have given your custom to another car park

Umkomaas

Sorry, but you've no prospect of taking this to POPLA as VCS joined the IPC on 29 September 2014.

There would have been a short period where signage would not have been changed - do you have date-stamped photos of the signs at the time of your PCN? They could be used as part of any appeal to the IAS, but prospects of a 'win' are remote with them.

VCS could still be members of the BPA (but no longer a member of their Approved Operator Scheme) and could still show the BPA membership logo (but not the AOS version).

If you feel you want to push an IAS appeal forward you could do so. If you 'lose', you're still in the position you are now. The IAS decision is only binding on the Operator. So you could just continue to ignore, weather the blizzard of debt collector letters (debt collectors are powerless) and just keep an eye out for a LBA or MCOL from VCS, which should not be ignored.

Ads88

Thank you for the replies. The photos are not stamp dated but I believe they have still got the same signs up as they have always had in the car park even after the change. If appealing to the IAS am I best stating about the signs not being in well lit areas and some of the signs being in bad places such as covered by objects and bushes. Or take about the £100 being an unreasonable fine. Or any other suggestions would be appreciated.

Ads88

Have photo evidence of some of these signs in the car park being blocked.

Ads88

Just checked the signs have been changed since and my original photos can not clearly see the bottom of the sign as I took it from distance to show the car park was empty

Ralph-y

people have won ......at the kangaroo court on signage (we think.... cos they never say why you win)

so if you think that you a prove a signage problem then try ...
if nothing else we all get to laugh at the dimmest (alleged) solicitors replies ......:rotfl:

Ralph:cool: