rejection Letter from VCS

McOfson

Apols, I understand that I may have replicated a thread and apols as I know it must drive you all mad, but its just that there was conflicting advice as to whether or not to appeal to IAS and the more threads I read the more confused I got with all the different parking companies and different approaches. I'm sure thousands of people are going through the same thing right now!

Thanks for all your help so far. I'll just send the template letter salmosalaris suggested (which I know won't make a difference) and then just wait out the debt collectors letters/ threats as they come and store them. 6 years will seem like a long time to wait lol!

I can see why people end up paying these things, just get them off their back and get piece of mind back!

salmosalaris

Ok if sitting, ignoring and waiting bothers you
Add at the end
If you fail to answer these questions and provide the requested information within 14 days it is on the understanding that the matter is closed and your demand cancelled .

Redx

McOfson wrote: »

Apols, I understand that I may have replicated a thread and apols as I know it must drive you all mad, but its just that there was conflicting advice as to whether or not to appeal to IAS and the more threads I read the more confused I got with all the different parking companies and different approaches. I'm sure thousands of people are going through the same thing right now!

Thanks for all your help so far. I'll just send the template letter salmosalaris suggested (which I know won't make a difference) and then just wait out the debt collectors letters/ threats as they come and store them. 6 years will seem like a long time to wait lol!

I can see why people end up paying these things, just get them off their back and get piece of mind back!

there is no easy answer, or else you would have found it or been given it, its either pay up or ignore

VCS have sent you a speculative invoice for payment for parking outside the rules on private land

under the Small Claims Court procedures they have 6 years to take you to court to try to enforce this alleged debt. you have the right to defend yourself and to question the legal claims they are making, in court if necessary, in front of a judge

this SCC has been in force since 1973 so its nothing new, a plumber could take you to court if he fitted a new boiler in your house and you failed to pay for it

this is why you are told to only come back if court papers arrive (or an official LBC) - the rest is all smoke and mirrors and by design is meant to entrap and deceive, because they want you to break the rules so they have you on the hook for £100 for 6 years, usually harassing you for that period with debt collector letters

you fell for it, so are now playing in a game that you dont want to participate in, dont understand the nuances or rules and dont like the pressure you will be put under to try to give them their money (the alleged debt they want paying - their end goal at full time) - its entrapment , its highway robbery, you are a sitting duck, like the ant that falls near a trapdoor spider and is scrambling unsuccessfully to climb back up the sandy walls of the trap

McOfson

Thanks all!
I'm assuming that the hit rate in general for taking people to court isn't very high so thanks again for the responses.
Best wishes

pappa_golf

McOfson wrote: »

Thanks all!
I'm assuming that the hit rate in general for taking people to court isn't very high so thanks again for the responses.
Best wishes

read


https://bmpa.zendesk.com/hc/en-us/articles/203550272-Vehicle-Control-Services-Ltd


http://www.bmpa.eu/companydata/Vehicle_Control_Services.html


most of the appeal replies (especially airport ones) are so flawed that they will not like a judge to see them , however if yours does not fall into a "flawed appeal" reply , they may attempt court


its a game of numbers , with a lot of people just paying up

McOfson

Thanks for this papa golf. oooh! Ive just re read the original PCN and it says that the contravention date was 08 Nov. but the issue date of the notice was 24 Nov.. so are they out of the 14 day NTK period and so its void??

pappa_golf

correct , but what do the IPC care , another thing they have got wrong , and another reason why thay and their sister company made so many request to the DVLA , but produce so little court appearances , sisters: http://www.bmpa.eu/companydata/Excel_Parking_Services.html


they begged the government for "keeper liability" (POFa2012) , on proviso that they got the paperwork correct , but now realise that they have hired a shambles of staff that cannot add up (or speel) so are ditching KL and going for the "it must have been you ,, you own the car"


however , this does not stand well with the courts


read
http://parking-prankster.blogspot.co.uk/2015/12/keeper-liability-impact-assessment-due.html


so its a game of poker , keep a straight face and be careful what you write


including editing your original post to read "the driver parked" and not "I parked"


please edit your posts

McOfson

Thanks. done.
Ok so ill just send a letter saying..

The notice to keeper MUST arrive within 14 days at the Keeper's address, if it does not, the Keeper can't be held liable, therefore you must to refer it to the driver as I as the Keeper are not liable.

In my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to those, so to involve another firm would be a failure to mitigate your alleged loss. In any case, the addition of any debt collector 'costs' is not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

This letter it is on the understanding that the matter is closed and your demand cancelled .

???
blimey this is tense stuff ;-(

pappa_golf

do not get into conversations with them , long letters might be twisted.


PCN No




I am the registered keeper of vehicle XXXX , you have issued a PCN for an offence supposedly committed on the XXXXX at XXXXXXXXXXX


however you seem to have fallen foul of the POFa2012 , by not sending the required paperwork within the correct timescale.


as such you must now pursue the driver. I am unable to assist in naming them.




this will only work if the car is registered to your CORRECT address and , is not a lease /hire type car




expand (not a lot) edit, of do what you wish , whatever you write , be it one line or war and peace will be declined , so why waste ink

salmosalaris

pappa_golf wrote: »

do not get into conversations with them , long letters might be twisted.


PCN No




I am the registered keeper of vehicle XXXX , you have issued a PCN for an offence supposedly committed on the XXXXX at XXXXXXXXXXX


however you seem to have fallen foul of the POFa2012 , by not sending the required paperwork within the correct timescale.


as such you must now pursue the driver. I am unable to assist in naming them.




this will only work if the car is registered to your CORRECT address and , is not a lease /hire type car




expand (not a lot) edit, of do what you wish , whatever you write , be it one line or war and peace will be declined , so why waste ink

IMO this is the wrong approach , VCS don't rely on POFA . All their correspondence is non compliant anyway regardless of dates