VCS Appeal Advice

Sandybeach

Hello all,
My car had a windscreen PCN from VCS and would like some advice on appealing. From trawling the forum, it seems that the IPC appeals rarely go in the motorists favor, but just wondered if anyone thinks these circumstances are unusual:

There was no indication that the car was even IN a car park other than a number of signs along the wall (saying that "parking here means you agree to enter a contract" etc etc), but not above the car in question. The PCN is labeled as Contravention 81: restricted area of car park. The signs are regularly posted down this short road, but stop short of where a pub carpark (Free) begins, which is where the car was left.

Is the ambiguity of this situation any use, or am I just getting my hopes up? Should I appeal anyway? I'd love to find a flow-chart to make things a little clearer of what the steps are! I can supply photos/google maps if clarification is needed.

Sandy

Quentin

Appeal in line with the newbies FAQ thread and add in your assertion that the car was parked in the pub.


You can post up here your appeal and get it read before you send it.

Guys_Dad

I am going to suggest a new tack for VCS.

Appeal to them in the following manner. In addition to any "normal" appeal points, write

" As keeper, I am appealing this ticket as I am confused as to the basis for the charge.

You claim that the driver entered a contract with you where they agreed to pay £x for the privilege of parking. However, I have been reading a recent case between VCS and HMRC. VCS successfully overturned the original judgement on appeal that "there was a contract between VCS and the motorist; but that the parking and penalty charges were consideration payable under that contract, and hence within the scope of VAT." finding instead "I do not consider that it would be open to a motorist to deny that VCS has the right to do that which the contract says it can. In order to vindicate those rights, it is necessary for VCS to have the right to sue in trespass. If, instead of towing away a vehicle, VCS imposes a parking charge I see no impediment to regarding that as damages for trespass."

Since VCS have argued in court that the charge is not for the parking service and is, therefore, not liable for VAT, then any charge that may be sought from the keeper can only be for trespass and subject to some proof of genuine loss, which I look forward to receiving in due course.

Alternatively, if VCS now claim that the charge is contractual, despite the court case, then I will look forward to receiving a VAT compliant invoice and will have no alternative but to contact HMRC with the evidence that your charges are, in fact, for a service and, therefore liable to VAT.

(For reference - see http://www.bailii.org/ew/cases/EWCA/Civ/2013/186.html)

Ralph-y

make sure you have read the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822

wait for notice to keeper , then do the soft appeal to VCS who will reject it .....

then you are left with the IAS , or skippies kangaroo court!

they seem to reject on a % basis not on facts

80%+ are refused.

Only appeal with this knowledge,
if you feel you can put in a good sound appeal that would stand up to scrutiny ...... then consider doing so , it costs them a few ££

otherwise follow the normal, (some members do not agree with this) forum advice to not bother with the IAS and just ignore ....

Ralph