VCS Ltd PCN some advice please!

loulix45

What I'm finding confusing is the fact that the only written correspondence we've received is the following dated February 2nd and it's addressed to me and I wasn't driving! Help!

You have been named as the driver responsible when the above Parking Charge Notice (PCN) was incurred.

We have also received an appeal on your behalf in relation to the PCN which was received by e-mail on 1 1 January 2016. However, as we do not have your authority that someone else can act on your behalf, we are responding directly to you with our decision.

We have considered the points raised and our response is as follows:

The Terms and Conditions of parking at the SAI Car Park were displayed on numerous Information Boards situated throughout the area. It is the driver's responsibility to ensure that they adhere to the Terms and Conditions of parking before deciding to leave the area.

As per the statement made by our Patrol Officer, your vehicle was parked in a restricted area. Specifically, he stated "Parked in a restricted area of the car park, no parking or waiting at anytime". The signs on site clearly state, "No Parking Or Waiting At Anytime". It is not unreasonable to expect motorists to check signs in situ before leaving their vehicle.
We note comments regarding your condition and while we do sympathise with your situation, we must advise that this does not constitute grounds for parking in contravention of the Terms and Conditions displayed on site, which clearly advise that motorists must not park at any time. As a breach of the Terms and Conditions did occur, this Notice was issued correctly and the charge will stand. Alternative parking should have been sought in these circumstances.
When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is the motorist's responsibility to ensure that he or she abides by any clearly displayed conditions of parking. It is clear that the terms of parking stated that a motorist must not park in a restricted area, or the motorist would face liability for a parking charge. We would note that you had the opportunity to leave the car park if you could not comply with the terms of parking.

We are satisfied that the Parking Charge Notice has been issued correctly, and that sufficient attention was brought to the driver with regards to the Terms and Conditions enforced. In light of the aforementioned, your appeal is rejected. We will not accept any further appeals.

loulix45

This was my initial email challenging the fine

Dear Sir/Madam,

I am writing to challenge the issuing of Parking Charge Notice Serial Number VC0****** dated 10 January 2016 for the following reason:

Although I am the registered keeper of the vehicle, it was actually my husband **** ***** (who is a named driver on my insurance policy) who was driving that day. **** suffers from PTSD after serving in the military for 30 years and that day was a particularly bad one for him. I received a phone call at work from a member of the public using his phone asking if I could collect him from Swansea as he seemed confused. At the time **** couldn't even remember where he'd parked the car and as it was, we were unable to collect the car until later that day.

As you can see these were exceptional circumstances. I have attached a copy of his medical diagnosis if it should be needed.

Many thanks for your understanding.

As you can see, their reply doesn't make sense. I know I used his email address but I signed off with my name.

Umkomaas

They should now be corresponding with your husband as you have identified the driver. I suspect they won't, which plays more into your hands should they, in the very unlikely event, pursue this to litigation.

I wouldn't make any further contact with them.

Coupon-mad

Do you know what, this might even be winnable at IAS if they have chosen to reply ONLY to the keeper and have ignored the fact the driver has been named and details of the medical condition of that driver have been supplied. They've written to the wrong person.

They should have pursued the named driver after that point and written to him, allowing HIM to appeal and then offering him IAS.

Because they've offered YOU, the keeper who can't now be liable, IAS, it might well be worth having a pop at it in your name, with our help.

Question:

Did the proof of medical condition give your husbands name and postal address? Hope it did? If not, then you did not properly discharge your liability as you MUST name the driver and give their address to have done that (but please don't rush anything out to them now).

loulix45

Many thanks for the reply CM. The medical certificate which is issued by the MOD has his full name on there BUT the address on it is a previous one I did end the email with my full name and address though (but for obvious reasons didn't post it on here) What do you think should be the next step?

Coupon-mad

OK so you did give 'an address for service'. That's enough, actually. You discharged your liability.

So when they replied, did they actually use a salution in your name 'Dear Mrs {Loulix45}' then wrongly said 'you've been named as driver'?

I'm tempted to take this off forum to help you with a fun attempt at an IAS win. I don't accept pm's from everyone because someone here enjoys attacking me - guess who, regulars - but I'll add you. That means I will be able to receive a private message from you later if you want to send me a quick hello to start it off.

loulix45

Yes, that's absolutely how it's addressed - with my full name and address

I would be very grateful for any help you give. This has been stressful enough as it is. Speak later!

Coupon-mad

Yep, you are added so you can pm me now. I'll let you know what I need to see - I am a middle aged Mum and also used to work in Disability Advice so I know a bit about the condition you describe too.

Others can vouch that you can trust me to assist you and it'll be free help, of course.

Fruitcake

loulix45 wrote: »

Yes, that's absolutely how it's addressed - with my full name and address

I would be very grateful for any help you give. This has been stressful enough as it is. Speak later!

Coupon-mad wrote: »

Yep, you are added so you can pm me now. I'll let you know what I need to see - I am a middle aged Mum and also used to work in Disability Advice so I know a bit about the condition you describe too.

Others can vouch that you can trust me to assist you and it'll be free help, of course.

loulix, as a long time user of this website (look to your left to see my arrival date and post count) I can vouch for the fact that you can trust Coupon-Mad. She wrote the NEWBIE thread and also posts on pepipoo.com as schoolrunmum.
You could not be in better hands.

loulix45

Thank you Fruitcake - in a funny kind of way I'm looking forward to this!