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Vcs pcn

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Hi Guys n Girls

My wife had a PCN from VCS in Leeds.
She appealed staing the following, she had not found this site unfortunately. She may have made it harder for herself! The appeal of course was refused.
theias.org does not recognise the PCN or Reg details??
What next?
Regards
Nygie

  • [FONT=&quot]There was insufficient light to view and read signage[/FONT]
[FONT=&quot]I was not aware that the parking area was private property, it is an unlit area and did not see the signage due to lack of lighting. [/FONT]
[FONT=&quot] [/FONT]
· [FONT=&quot]Mitigating circumstances [/FONT]
[FONT=&quot]I was collecting friends from the Hedley Verity on my way home from work as a nurse in Wakefield. The area I was told to come to was unlit and made me feel very vulnerable. The ticket person must have been there when I arrived. I was ticketed at 21:59, I did not leave Wakefield until 21:40. He must have been waiting for me to leave the car, when he would have had an opportunity to inform me it was a private car park.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
  • [FONT=&quot]Contract Null and Void[/FONT][FONT=&quot][/FONT]
[FONT=&quot]I returned with my husband in daylight to view the signage. Having read the signage I challenge the validity of the contract that I have alleged to have entered into. The signage was not read or seen at the time of the alleged parking contravention therefore no contract was entered into. [/FONT]
[FONT=&quot] [/FONT]
  • [FONT=&quot]Exorbitant charges and bullying tactics[/FONT]
[FONT=&quot]As this is a parking charge for not displaying the relevant ticket or permit for 14 minutes, I find your charges excessive and challengeable. On street parking meters away is free from 10pm! [/FONT]
[FONT=&quot]The fact the charge is increased to £100 if not paid within 28 days and the threat of court action is paramount to bullying.[/FONT]
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    complain to the IPC that no appeal can be entered into the IAS website, give them a copy of the rejection notice too
  • Nygie
    Nygie Posts: 19 Forumite
    Thanks for the reply.
    Do I just email them?

    Cheers
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    no idea , never contacted them, but I did see a contact us button on their website, did you not see it ? ;)

    and did you not read the NEWBIES thread, details in there too

    please do some research, dont leave it all to others, thanks
  • Nygie
    Nygie Posts: 19 Forumite
    Thanks for the reply again.
    Yes I saw the contact us button, just an email link.
    I read most of the noobs thread, but don't recall anything regards IAS not recognising details. I'll have another look!
    Cheers
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Complaints section ( post #6 )
  • Nygie
    Nygie Posts: 19 Forumite
    Wow I thought they had forgotten about us, silly me.
    The IAS was of course the previously stated court of the kangaroo!
    Today the wife received the Notice of Intended Court Procedings, she was going to pay it but I told her to hang fire whist I updated the thread.
    I was suprised it came through after so long, nearly a year! even knowing they have 6 years.
    It's the standard letter I have read in other threads stating pay by the 21st May or they may commence with debt recovery or legal proceedings.
    Could incur costs....CCJ blah blah.

    The wife wants it to go away and would begrudgingly pay the £100 if i hadn't told her to hold off.
    Is it now another waiting game to see wether they insruct BW Legal down the road or issue procedings?

    Her defence if it goes to court in my simple mind is she didn't see the sign, let alone read it. So there can be no contract as claimed by VCS! vastly more complicated than that I'm sure. It was also dark, signs unlit/high on the wall and cars parked in from of one of the lower ones. She was in an unfamiliar area and very vunerable due to earlier stangling at work leaving her with anxiety issues (not the same day, previous year).
    The court may/may not take any of that into account, just wondered what the knowledgable people think.
    Cheers
  • Castle
    Castle Posts: 4,736 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Even if the driver did see the signs, a private car park normally means the public can't park there as there's no contractual offer. At worst the driver was trespassing which would mean the landowner could only claim damages.

    So yes it's a waiting game; but keep the letter.
  • Nygie
    Nygie Posts: 19 Forumite
    Thanks for the reply.
  • Ralph-y
    Ralph-y Posts: 4,676 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    BW Legal are new kids on the block ......

    it appears that they want a cut in the PPC market ...

    yes just like gangs / mobsters / ........

    just keep an eye on the forum as BW Legal have tried their first court case's .......

    just for info ...

    http://parking-prankster.blogspot.co.uk/2016/05/bw-legalgo-legal.html

    Ralph:cool:
  • Nygie
    Nygie Posts: 19 Forumite
    Read that article although the circustances are different, the statement have a robust defence. Not sure if she has one. Maybe measuring the height of the signs and doing a scale diagram showing angles from the seated driving position and height to walking position etc.
    Hope it doesn't come to that.
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