Simple bullet point instructions please :-)

A-mac_3

I'm new to this forum and I have spent some time reading the Stickies and other threads. However I'm also new to this parking ticket lark and it seems that most of the threads are dealing with issues further down the track in terms of process than I am at – such POPLA appeal results, et al.

So that everything is done in the correct order and in a timely manner, I wonder if someone could clarify in simple bullet points what the correct order of action is.

Firstly here is information regarding the Notice I received...

1) The PCN was issued by Vehicle Control Services Ltd, and is addressed to the registered keeper. As the keeper wasn't the driver, it was passed to the driver. However VCS Ltd haven't been informed as to who was driving as yet. If they need to be, how is that done, and by whom?

2) The PCN is dated 23 March 2016. The 'contravention’ date is 12 Feb.

3) The car park related to the PCN is Nicol Street Car Park, Kirkcaldy which is interesting as firstly, the driver's view is that the car was parked closer to the sea front than that car park, and secondly it is on the list of Fife council car parks so why would VCS Ktd being patrolling it? Anyway, as it's hundreds of miles from where the driver lives, nothing can be checked.

4) It didn't look like a retail site car park and was much more like an ordinary town car park that the Fife regional authority would have been controlling, so no complaint can be made to a specific retailer.

5) The Notice states that the driver parked without displaying a valid ticket / permit. Something was paid for parking that day, so does this mean the driver overstayed or that the ticket wasn't visible in the car?

6) The Notice states that they were unable to affix the PCN to the vehicle whilst it was stationary as the driver drove off. Now when the driver returned to the carpark, there was no evidence of any traffic/parking warden in the car park, there was no need to 'escape' from anyone and nothing was stuck to the car's windscreen. The driver just returned to the car and left.

7) The Notice has a Parking Charge Notice stapled to it which has a box ticked entitled 'Filmed'. There is no photograph, blurry or otherwise attached to or included in the PCN.

8) The notice states that the Ts & Cs to which the driver agrees to be contractually bound are clearly placed at the car park entrance. I am aware that there is some stuff on the forum about contracts, but I think it related to airport surrounding roads, etc.

So what is the correct order of actions now that a PCN has been issued?

Should the registered keeper be involved in any way?

Should the driver be asking for the alleged filmed evidence? I thought that filmed evidence, such as a photo, had to accompany the Notice.

I thought a parking ticket handwritten in a car park had to be handed to the driver or placed on the windscreen. They have clearly stated in the Notice that this did not happen.

A simple action list put in the order of what should be done, would be great. Also if there is anything that should NOT be done at this point. Not being legally minded or savvy, using jargon will be lost on me I’m afraid :-/

Ralph-y

bulletin point 1 : ignore


please re read the newbies thread

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

you only need to look down 4/5 paragraphs

unless you have moved to England

good luck

Ralph:cool:

Coupon-mad

Could have just searched the forum for the single word 'Scotland' ten times quicker than posting a thread!

No next steps needed except a landowner complaint to try to get the silly letters cancelled.

pogofish

What part of IGNORE isn't simple?

The advice for Scotland and Scottish residents ticketed in England in the Newbies Sticky is exceptionally clear!

Ralph-y

unless you have not seen it

Ralph:cool:

A-mac_3

OK so I re-read it. Same thoughts as before. To me it isn't clear as there is so much info there that I found it confusing. Thank you for putting it together, but for me, it didn't help.

1) The driver is not the keeper but a family member is.
2) They already have the keeper's address as the notice was posted to it using DVLA info.
3) Yes, the PCN was issued in Scotland where the driver was parked. It was posted to the keeper in England where the keeper lives, and where the driver lives so which rules govern the notice - Scottish or English? The company operates in Scotland but is based in England.
4) There is no retailer to complain to. As previously stated, it wasn't a retail car park. It's a public car park on a road with no shops.
5) How does one know if the notice is fake?
6) Old youtube videos (Ann Robinson) have been superceded by new ones with new advice. One BBC video has recent coverage of changes in the way judgments are going, eg Barry Beavis.

I just want to get this right. If is really is IGNORE completely that's fine, but the whole process seems to be changing and when judges start ruling in favour of the private parking companies, what is the world coming to!

Fruitcake

A-mac wrote: »

OK so I re-read it. Same thoughts as before. To me it isn't clear as there is so much info there that I found it confusing. Thank you for putting it together, but for me, it didn't help.

1) I am not the keeper but a family member is.
2) They already an address as the notice was posted to us using DVLA info.
3) Yes, the PCN was issued in Scotland where I was parked. It was posted to me in England where I live so which rules govern the notice - Scottish or English? The company operates in Scotland but is based in England where I live
4) There is no retailer to complain to. As I stated, it wasn't a retail car park. It's a public car park on a road with no shops.
5) How do I know if the notice is fake?
5) Old youtube videos (Ann Robinson) have been superceded by new ones with new advice. One BBC video has recent coverage of changes in the way judgments are going, eg Barry Beavis.

I just want to get this right. If is really is IGNORE completely I'm fine with that, but the whole process seems to be changing and when judges start ruling in favour of the private parking companies, what is the world coming to!

Scotland = IGNORE.


That's all you need to know. If the event happened in Scotland or the Keeper lives in Scotland, the answer is still the same.


IGNORE.


If the event happened in England or Wales and the Keeper lives in England or Wales, then that is completely different. The advice then is, do not ignore but appeal. However, that is not the case here, so IGNORE really is the correct advice.


Forget youtube, the BBC, or anywhere else for that matter. The best place for advice is here in the Sticky thread for NEWBIES written by someone who has already posted on this thread and told you to ignore.

Umkomaas

• They are pursuing the keeper who, if I read this correctly, lives in Scotland.
  
• The infringement took place in Scotland.
  
• There is NO keeper liability in Scotland.
  
• They can only hold the DRIVER liable.
  
• If they don't know who the driver was, the keeper is under NO obligation to name. Any reference in this thread as to who the driver was MUST BE REMOVED.
  
• From here on - IGNORE, including debt collector letters. Only respond if a compliant Letter Before Action from VCS (not any Debt Collectors) and/or real court papers are received.
  
• Chances of court case in Scotland - virtually none.
  
• Final bullet point!

Coupon-mad

What is unclear about this section?

This is taken direct from the NEWBIES thread. Tell me why it is not clear, please? Why did this not help?

************************************************** ************************************************** *


If in Scotland/NI:

Apart from (of course!!) complaining to the landowner/retailer you should IGNORE your fake PCN unless you are not the registered keeper and that is a company (hire car or leased/company vehicle).*

You are safe to ignore because there is no worthwhile appeals process - do not believe what the fake PCN says! This Watchdog video still applies in Scotland and NI because a PPC has to know who was driving (unlike in England/Wales now):

http://www.youtube.com/watch?v=XAIcdi9niHA

WHEN IGNORING IN SCOTLAND/NI, KEEP ALL LETTERS. DO NOT THROW THEM AWAY EVEN IF YOU HAVE MADE A PAPER AEROPLANE FROM THEM!

A-mac_3

Coupon-mad: Prob because I'm a pensioner and not familar with the termonology and terms. It's easy to find things simple when words are familiar.

What makes a PCH fake? By fake is it meaning fraudulent or just invalid?

"If IN Scotland" meaning resident in or parking in? That isn't clear. That's why I asked.

Frruitcake: No. The keeper and the driver both live in England and NOT in Scotland. The only Scottish thing about this is the location of the car park.

There are no references that identify the driver anywhere on this thread.

yotmon

A-mac wrote: »

The keeper and the driver both live in England and NOT in Scotland. The only Scottish thing about this is the location of the car park.

As the infringement occurred in Scotland, the Protection of freedom act, which allows parking companies to chase the 'keeper' for payment, when the PC doesn't know who was the driver, cannot be used as it is not law in Scotland. Only the 'driver' is responsible for any debt, so as long as no one tells them who was driving, then they cannot continue with their threats. Well, they can, by issuing debt collectors letters which they will send on a regular basis to the keeper, but all these should as stated above, be ignored.
Hope this helps.