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VCS Parking charge 'NOTICE'

HC77
HC77 Posts: 12 Forumite
Hi,

Hoping someone can offer some advice..

The driver returned clutching a parking notice that had been handed to him by an employee of VCS. The driver didn't open It at the time and returned home. Upon opening this 'notice' none of the details are accurate. It's for a completely different make/model/VRN - nothing relating to the vehicle. His friend also got one, (details accurate) they were parked in what they thought was a car park. It wasn't lit and they were only there for a few minutes. When they returned employees were waiting for them. The driver did then go for a wander round the car park and after sometime of hunting with the light on a phone found 3 signs that weren't 'clearly visible' - took a photo of one of them.

Any advice please?

Thanks in anticipation :-)
«13

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    a lot of inaccuracies there

    for a start , VCS dont use popla , they use the IAS from the IPC and have done for over a year , so no ida where you got the idea that popla was an option

    and if this is in ENGLAND or WALES, POFA 2012 may apply in which case they could go after the keeper, plus they will assume the keeper and driver are one and the same

    the IAS is a kangaroo court, so I doubt you will win there

    by all means appeal it using the info in the NEWBIES sticky thread , after that its up to you, with 6 years of hassle to look forward too, possibly a court case via small claims
  • Fruitcake
    Fruitcake Posts: 59,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 November 2015 at 11:59PM
    HC77 wrote: »
    Hi,

    Hoping someone can offer some advice..

    My son just returned clutching a parking notice that had been handed to him by an employee of VCS. He didn't open It at the time and returned home. Upon opening this 'notice' none of the details are accurate. It's for a completely different make/model/VRN - nothing relating to my sons vehicle. His friend also got one, (details accurate) they were parked in what they thought was a car park. It wasn't lit and they were only there for a few minutes unloading for a gig. When they returned 11 minutes later the employees were waiting for them. My son did then go for a wander round the car park and after sometime of hunting with the light on his phone found 3 signs that weren't 'clearly visible' - he took a photo of one of them.

    I've read all sorts about this 'company' and some advice on how to proceed would be much appreciated.
    i've read to simply ignore every letter they send, or wait for the NTK letter then appeal to VCS (which will of course be refused) then go down the POPLA route with the code. In this instance my sons ticket surely must be invalid? I know they have to know who was driving to pursue and not just the registered keeper.

    Also which way for his friend to proceed?

    Thanks in anticipation :-)

    HC


    Start by reading the Sticky thread for NEWBIES at the top off the page. This was written by one of the UK's top experts on private parking tickets.


    Basically it says, do not pay, do not ignore, do not reveal who was driving, appeal AS KEEPER using the template letter in the NEWBIES thread, do not miss the appeal deadline.


    You have contradicted yourself by saying you have read that you should ignore every letter you are sent (WRONG since 2012) and wait for an NTK, but any letter you get would be an NTK so shouldn't be ignored.


    There is a lot more detail in there than I have given you, and it will take several reads and re-reads to get your head round it.


    Never, ever 'phone a parking company.


    Often these parking scammers deliberately give out tickets with the wrong details in the hope some mug will contact them and tell them who was driving as a result. This immediately negates a very valuable appeal point should you need it later.


    This assumes the event happened in England or Wales and the vehicle isn't hired or leased.


    Start reading and learn how to beat this scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • HC77
    HC77 Posts: 12 Forumite
    Thanks for the reply..

    Yes, just noted that that company are IPC and POPLA won't be an option.

    The ticket is completely inaccurate. Wrong make/model/VRN etc. Nothing relates to my sons vehicle at all. ??

    So all In all you're saying if it's an IAS from IPC then you're stuffed?
  • Fruitcake
    Fruitcake Posts: 59,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    HC77 wrote: »
    Thanks for the reply..

    Yes, just noted that that company are IPC and POPLA won't be an option.

    The ticket is completely inaccurate. Wrong make/model/VRN etc. Nothing relates to my sons vehicle at all. ??

    So all In all you're saying if it's an IAS from IPC then you're stuffed?[/QUOTE]


    As usual, fast fingers Redx has beaten me to it again.


    No, Redx is saying you will probably lose the initial appeal. You then have the choice of ignoring for six years, or making an IAS appeal and then ignoring for six years.


    You should still make the first appeal to the PPC though.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 November 2015 at 12:07AM
    thats how they would like you to think , yes

    the RK has the right to defending themselves in a court of law, like on Judge Rinder, that is the ultimate destiny, if you cannot get the landowner to cancel it

    seems to me its a notice to driver you have there, NTD , not an NTK

    its either challenge it a few days before day 21, as keeper , ignoring the NTD , or wait for the NTK (arrives between day 29 and day 56) in which case they will likely say you cannot challenge it anyway

    a judge would expect a reasonable person to challenge the invoice, hence the appeal to the PPC , as for ADR , READ THE PARKING PRANKSTER BLOG DATED 30 OCT 2015

    they try to operate the following scenario

    "heads we win , tails you lose"

    welcome to our world
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 November 2015 at 12:35AM
    there are no regulations covering private parking , so its not like they have to jump through hoops, its just an invoice, they can correct it later at NTK stage if they have the right details

    by law they cannot get RK details until after day 28 and before day 56 , so if they got them before day 21 they would be breaking their agreement with the DVLA and POFA 2012 too

    so that cannot happen

    the 21 days is FOR a response by the driver to the NTD

    wait for the NTK, see if it has correct details or not, then decide what to do

    keep the photos as useful evidence

    you seem to want this to be a straightforward process , it isnt and its deliberately meant to be that way, muddy waters and no clarity , that is why coupon-mad wrote that NEWBIES sticky thread, and constantly amends it

    it was such a short time frame that the "grace period" covers it, in theory, although skippy at the bush kangaroo court may think differently
  • HO87
    HO87 Posts: 4,296 Forumite
    I disagree with RedX for reasons that will become apparent.

    For goodness do not contact VCS regarding the inaccurate details. That is above all else the trump card in this case. There can be no argument that the Notice to Driver (which is the posh name for the windscreen ticket handed to your son - as described in the Protection of Freedoms Act 2012) is completely non-compliant and they are hamstrung. A Notice to Driver can only be given at the time - they cannot "replace" it by posting out a corrected one and their only other option would be to send a compliant Notice to Keeper (that included accurate details) but that would have to be served within 14 days. Hence the reason for you to not contact them - that is really most important at this stage.

    I recommend that a carefully worded appeal be sent to arrive with VCS on, say Day 20 - counting the day the ticket was issue as Day 0 - (so its within the IPC's 21-day appeal window), but beyond the 14-day window within in which they could have switched to the initial NtK option. (I'm not actually sure they can switch horses but that is an argument for another day and another thread).

    We can guide you on the wording of the appeal but in the interim make sure you study the Newbies thread well.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    So all In all you're saying if it's an IAS from IPC then you're stuffed?

    No, it is the PPC who is the Christmas turkey.

    If you appeal the ticket on the basis that the signs were poorly or unlit, the IAS will counter that they were well lit, (although they were not there), the decision will also be unsigned.

    This is not an acceptable form of ADR and they know it. They will not wish therefore for you to show it to a judge. All that that leaves them is scary letters and lots of red ink.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 23 November 2015 at 11:18AM
    HC77 wrote: »
    Hi,

    Thanks for all the replies..

    When I said to 'ignore' the letters and I'd read various things regarding which course to follow I didn't just mean this site.

    I absolutely won't be contacting VCS and I will advise my sons friend to do the same (details on his notice are accurate) My son did take a photo of a sign in the dark that he found when he went hunting after he'd been handed the notice in person. They were waiting holding a clutch of them.

    I would think once they've issued a NTD they can't rewrite it and change it? As for the worded appeal would it be advisable to send this via email? That is an option on their website?
    Do I do this on the 20th day regardless of not the fact I won't have received the NTK?

    I have read the sticky NEWBIE thread a few times, It was late when my son got home and handed me the ticket so I'll re read it all again today a few times. It appears as I can't go down the POPLA route with this company then it's more complicated.

    I don't intend paying this notice... I'm more than happy for them to take me to court. I won't be scared by duff bailiffs and solicitors letters either.

    My son being parked where he was on a street with no lighting for under 15 minutes did not cause the businesses to lose out on that revenue!

    There's always bloody something......

    Thanks again guys and your help Is really appreciated. I'd definitely like help with the worded appeal when it comes to that.

    HC

    All comments on this thread are correct. If the ticket (invoice) you have been given contains incorrect information and does not relate to you, then just sit and wait, DO NOT CONTACT THE PARKING COMPANY this is a bit of a phishing attempt.

    IPC are new boys jumping in on the money making scam.

    Look at this thread to see about IPC and their own appeals service, and then understand that it is also the home of a solicitor and debt collector, all rolled into one .... work it out for yourself
    https://forums.moneysavingexpert.com/discussion/5365235

    Whilst reading this, please sign the petition to government to get this scamming industry properly regulated.
    https://petition.parliament.uk/petitions/111925

    JUST SIT AND WAIT and let us know if the PPC contacts you
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    I wouldn't appeal it at all. They've handed your son a piece of paper that has no relevance to him whatsoever, it might as well be a sheet of bog paper for all the significance it has to him, so what's to appeal?

    Redx will tell you that it will look better in front of a judge if you appeal it, but in the highly unlikely eventuality of this ever appearing in front of a judge it would be perfectly reasonable to state that, given the entirely fallacious piece of paper, he presumed they were just scam artists.

    The likelihood is that they handed your son a ticket made out for someone else, and that someone else has got "his" ticket. What happens next depends on what "someone else" does, so let's wait and see.
    Je suis Charlie.
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