Fake PCN - Still confused. HELP

Dasdoolip

Hi

I have read the Newbie sticky's and am perparing to start my cahllenge to a fake PCN issued by Vehicle Control Services Ltd at 8:40pm on Sunday 3rd May, but am still a little confused.

Firstly I know the advice is not to include mitigating circumstances but in my case the notice clearly indicates the contravention as being No. 81 - ' parked in a restricted car park'. However, I was actually parked on the street, admittedly on double yellow lines wich were recently applied NOT by the local council or highways agency as the raod remains un-adopted to date, so I assume they were painted by either the land owner or VCS Ltd themselves. So my question is, is there any weight in arguing that the ticket is incorrectly issued? (by the way there is NO numbered contravention on the ticket for parking on a double yellow line although there is a No. 91 AO - Any Other, which requires further details to be added)

Secondly, my window notice says it is the responsibility of the driver only to pay the notice, so I assume no NTK will be issued and I therefore follow the advice for Lease/Hire/Company cars and appeal early? I am the registered keeper.

And finally, I am preparing my letter of complaint but am at a loss who to send it to. The estate was, until Feb 2015, a development site owned by Crest Nicholson and it was them that I claimed damages from when shoddy roadworks blew a tyre on my car 2 years ago. However, the last property was sold in Feb 2015 so it is no longer classed as a development site. The estate is a mix of privately owned and social houisng (through Circle Anglia) so I am at a loss as to who actually went into the contract with VCS Ltd and who I should therefore complain to. I have trawled the internet but get conflicting messages, one saying the road is managed by "a mixture of management companies and the social landlords" with another saying "it is now the responsibility of the South Essex Parking Partnership" (I have emailed SEPP to ask if it is them but have not yet received a reply, but as the road is not adopted by Brentwood Council I cannot see how the SEPP would be responsible at this stage. - Any advice on how I can locate who to write to - I am a resident of the Housing Association so should I start with them?)

The yellow lines were added following a consultation with residents and as far as I remember the only options on the consultation document were for restrictions to run 8am-6pm either Mon - Sat or Mon - Fri, or 11am - 12pm either Mon-Sat or Mon-Fri as they were only meant to be to deter commuter parking. However, the signs that VCS Ltd have put up say the restrictions are in force 24 hours a day which seems excessive on a private road and ridiculous to boot.

As an aside, residents (even those with permits for the car parks like me) regularly have to park on the double yellows at night and weekends due to there only being 0.8 car parking spaces available for each residence built and all roads around the estate being CPZ's controlled by the council and, until my ticket on Sunday none of my neighbours or myself have ever received a fake PCN despite the operators being on-site checking the car parks and none of the other vehicles parked on the double yellows further into the estate had been ticketed on Sunday either!!

Sorry for the long post but I am stuck and really want to get this sorted as I don't have the £60/£100 to pay this ticket.

Thanks in advance everyone.

Guys_Dad

If you read the sticky, then you would have known that you await the NtK but let any hire company know you are dealing with the invoice and not to pay it.

The NtK will also answer some of your questions.

Dasdoolip

Thanks Guys Dad

I assure you that I have read the sticky, but I am not writing as somone who has hired a car I am the registered keeper

The window ticket seems to indicate that no NTK will be issued as it says that the driver is solely responsible for paying the ticket, so I was asking if I was correct in thinking that I proceed along the same lines as someone who has hired a car i.e. do not wait 28 days (as no NTK will be forthcoming) but appeal within the 21 day period given on the window ticket?

Nodding_Donkey

If you are the registered keeper just wait for the NTK.

ColliesCarer

Das - would suggest you edit your post #3 above and remove the last three words of your 1st sentence.

The PPC's do trawl the forums

They like to use smoke and mirrors to confuse people into responding early and possibly outing the driver.
Their notice says it's the drivers responsibility to pay as the driver is the only person they have the right to pursue at present - but they don't know who that is unless you decide to tell them.

To gain the right to pursue the keeper they must send out an Ntk and comply with POFA 2012 Schedule 4 so it's better to wait and appeal as the registered keeper only.

Dasdoolip

Thanks Guys

I have edited the posts.... thanks ColliesCarer.

I will await the NTK before doing anything further with the PCC.

In the meantime I have emailed the developer to ask if they still have responsibility for the road (as I believe it is) and if so was it them who entered into the contract with the PCC.

The HA have responsibility for 4 of the blocks on the development and their attached carparks and it is they who instructed the PCC with regard to the HA blocks' car parks as it is only those car parks, and not the private ownership car parks further down the road that have a ticketing operation in place.

If it is the case that the developers still own the roads but the HA have instructed the PCC to operate on the roads outside their blocks without consent from the developers would the contract between the HA and the PCC even be legal?

Guys_Dad

Dasdoolip wrote: »

The HA have responsibility for 4 of the blocks on the development and their attached carparks and it is they who instructed the PCC with regard to the HA blocks' car parks as it is only those car parks, and not the private ownership car parks further down the road that have a ticketing operation in place.

If it is the case that the developers still own the roads but the HA have instructed the PCC to operate on the roads outside their blocks without consent from the developers would the contract between the HA and the PCC even be legal?

BVery, very good point. I applaud your attempt to just see if the PPC client has the authority over that bit of land. Not enough challenges on the client right to engage a PPC in my opinion. :beer: