Really confused PCN received. Help please!

Longfellow78

Hi,
Sorry if I'm not doing the right thing by posting by am a bit overwhelmed by all the information and don't know what to do. Have read the noob guide, but my situation is a little different to the examples given.

I was visiting an industrial estate (Calder Park, Wakefield) for work on the 03/08/15 and was about 30 metres from the client's car park and had an engine problem with my car. It's a recurring stall problem and the RAC man told me to stop the car if it happened again, otherwise the intercooler would be damaged and spill oil on the road, so I immediately pull over into a lay-by.
I stopped for between 30 seconds and a minute before restarting the car and driving to the client.

Then on the 12/8/15 a PCN was issued to me by VEHICLE CONTROL SERVICES. For £100, reducing to £60 if paid within 28 days.

I have not responded, nor contacted my client to ask them to speak to the owner of the industrial estate.

Clearly this charge is outrageous for the time I spent parked, which was in sight of my destination, and only done to avoid damaging my engine and spilling oil on the road, however I don't know how to proceed.

Should I just use the standard noob response letter? I am hesitant to mention the signs were not visible, as I don't remember and I can't check as it's hundreds of miles away.

Any guidance would be greatly appreciated.
thanks.

Redx

yes use the noob letter

dont overthink this

do not admit who was driving, so it was me not you

your story has little bearing on the matter, they rarely read them or care anyway, they just want your money

if the car had broken down, say so, plus say THE DRIVER has proof and will show it to a judge if it goes that far

so add an extra point that THE DRIVER SAYS THE CAR HAD TEMPORARILY BROKEN DOWN AND AS KEEPER YOU HAVE PROOF THAT WILL BE PUT BEFORE A JUDGE IF A COURT CASE WERE TO HAPPEN

your story is good before a judge, but useless until then unless they have pity and cancel the charge (yeah right)

be a good idea to contact the landowner and get the charge cancelled though, asap

enfield_freddy

was there not an airport case where the judge asked VCS what they would do if the car had broken down?

enfield_freddy

gotcha , http://parking-prankster.blogspot.co.uk/2014/01/vcs-spanked-in-court-as-motorist-and.html

Longfellow78

Thanks for the advice.

I will speak to my client and try and get them to talk to the owner of the site, and will also send them the noob letter. Some other questions if I may (thanks so much for the help everyone!).

- Is it just the standard letter or do I need to add the thing about POFA?

- I don't actually have proof I had broken down on that day, as once I restarted the car it seemed to work ok, but I did break down about 6 weeks ago for the same problem and had to call out the RAC, but again have no proof of that other than phone bills to RAC on the day.
I don't want to say I can "prove" something in court that I can't, unless I now take it to a mechanic to get it fixed to show there was a pre-existing problem. Should I do this?

- Just to be clear, is the fact that I was only parked there 30 seconds not enough evidence that the charge is unreasonable and represented no loss for the claimant, and hence a £100 fine is absurd, or does this need to wait for POPLA? Should I not say "the driver only stopped for less than a minute as the video would show, hence the amount, blah blah".

It's not even a fine for parking, but for "stopping/waiting". This seems absurd and not legal to me. It's like someone stepped on my driveway walking past and I run out and issue them with a fine for traspass.

Thanks a lot.

Redx

just use the template letter, only mention POFA 2012 if the NTK fails it in any way , or just stick to the template letter and add the point about the the driver saying the vehicle being undriveable for a few minutes due to a recurring problem , no need to elaborate at this stage (only to a judge if it went that far)

its not a fine either, its a speculative invoice, nothing more

popla dont accept mitigation , but its irrelevant as VCS are in the IPC so popla or the ombudsmen service is a no no (clearly you havent taken in this part, 2 ATA`s, VCS is in the IPC not the BPA , the second one, so no popla and no ombudsman services)

Vehicle Control Services Ltd - 29/09/2014 (date of joining the IPC , from the IPC website)

so any later appeal would go to the IAS , the kangaroo court with SKIPPY presiding

this sc@m isnt about parking, its about finding ways to send people an invoice and harass them for money for 6 years, its that simple

if they could send you a £100 invoice for wearing a blue coat on red coat day, they would do

Umkomaas

Looks like VCS have extended their 'no stopping where stopping is prohibited' racket beyond their airport portfolio.

@OP - is this a public road or a private one (check with local council)? Were there VCS signs along the route indicating the 'no stopping' condition?

Northlakes

Would the owners the Peel Group have anything to do with this?

hoohoo

It is a racket, as you guessed. In order for this to be legal, you would have had to agreed a contract with them, from their signage, but it is impossible and unsafe to read the signs at driving speed.

Umkomaas

The next thing some PPCs will be up to is issuing speeding charges. Maximum speed 3mph! And watch the DVLA still release RK data!

Northlakes

Would be a good idea to check with Wakefield Council Planning Department if Peel Group/VCS have any advertisement consent for signage on this site.