VCS Parking Charges (3) - Resulted In County Court Claim Form

KimmyHrunt

I will follow up my email with a direct phonecall tomorrow. I'm not sure exactly how best to word this, but i've started with a draft of:



Dear XXXXX,

I am writing to you to request a copy of the lease agreement between XXXXXX XXXX (whom i assume are considered the land-owner) & Vehicle Control Services Ltd with regards to the parking facilities in XXXXXXXX, XXXXXX.

As a result of VCS filing a claim at the court against myself (the registered keeper of the vehicle included in the court claim), I have a requirement to understand the contractual agreement between the land owner of XXXXXXXX and Vehicle Control Services Ltd.


Any issues/feedback on the above?

peter_the_piper

What about your friends lease for the flat? Does it give a dedicated parking space?

Coupon-mad

Dear XXXXX,

I am writing to you to request a copy of the lease agreement between XXXXXX XXXX (whom i assume are considered the land-owner) & Vehicle Control Services Ltd with regards to the parking facilities in XXXXXXXX, XXXXXX.

As a result of VCS filing a claim at the court against myself (the registered keeper of the vehicle included in the court claim), I have a requirement to understand the contractual agreement between the land owner of XXXXXXXX and Vehicle Control Services Ltd.

I also require you to show me where you contend that 'adequate notice' of the £100 parking charge featured (if at all) in the documents supplied with the permit and/or where residents are informed that any terms on signs are purportedly incorporated into the agreement, at the time of supplying the permits. Please show me copies of the documents that you believe warned residents of the onerous terms imposed by VCS.

I remind you that the whoever contracted VCS remains liable at all times for the actions of this agent and it is clear that VCS have failed to comply with the POFA 2012 and their own Trade Body Code of Practice. I reserve the right to add the named landowner and/or management company as joint parties in the ill-advised claim that VCS have begun.

When replying, please advise me of the name of the designated representative (from the landowner or management company) who will attend any court hearing and any dates when that person will not be available to attend. I will hold all parties liable for any loss and my full expenses in defending this spurious and aggressive attempt at litigation.

yours sincerely,

KimmyHrunt

Thanks Coupon-mad,



How do we know that VCS have failed to comply with the POFA 2012 and their own Trade Body Code of Practice?

Umkomaas

KimmyHrunt wrote: »

Thanks Coupon-mad,



How do we know that VCS have failed to comply with the POFA 2012 and their own Trade Body Code of Practice?

By reading the appropriate pieces and comparing how they have (not) complied with them in the context of your parking charge.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

https://www.theipc.info/uploads/tUwwdB3ZxRpMAQscIHr9U38Z4_JO2tXz-C5qLS11yzE/Code%20of%20Practice%20v4-V1.pdf

KimmyHrunt

I literally can't see the wood for the trees using those two documents

Umkomaas

KimmyHrunt wrote: »

I literally can't see the wood for the trees using those two documents

You need to take time to understand this stuff. There's no easy, no effort answer for you, but by the same token it's not rocket science.

Coming back after an hour after the advice to read and digest the documents and compare carefully and pedantically against what you've received/experienced, suggests little but a cursory glance-over, too hard, leave it to someone else to sort it out for me approach.

The more you understand the issues, the better you will handle your problem.

Coupon-mad

KimmyHrunt wrote: »

How do we know that VCS have failed to comply with the POFA 2012

Look at the 'Notice to Keeper', it is really really obviously not a POFA worded one, if newbies just calm down and read it!

It says the DRIVER is liable, it assumes the keeper was the driver. It does not state that the keeper will be liable as the KEEPER under the POFA 2012 and it does not use any of the statutory wording in Schedule 4 (which is NOT hard to read, it's a simple set of numbered bullet points, nothing to shy away from reading & comparing with the NTK). Far easier than you think.

and their own Trade Body Code of Practice?

Bound to be true! We've been doing this nearly ten years... The signs for a start, will have the sum in small print so fail to adequately warn drivers...blah blah... (we do not even need to see them to know that).

KimmyHrunt

Spoke to the management company today, they said they will send a copy of the agreement between themselves and VCS.

Today, i witnessed a VCS staff taking a picture of a vehicle which had a ticket on it, around 6.30pm today, when he moved on i looked at the ticket and the timestamp was 15:15 - 15:25, which made me raise an eyebrow slightly.

Also i noticed a car parked next to mine today in, lets say for example, bay 20, but the permit displayed bay 43......no ticket on that vehicle.


I also noticed another vehicle, which i believe has never moved since i've been here (looks like its abandoned in all honesty), looked at the permit and this is a totally different permit (not even a VCS one), which only displays the complex name and a number. No expiry date.....totally different to the permit which i have.

I have images of all the last 2 examples, if they are worth keeping.

Obviously, i'm still waiting on a copy of the mentioned agreement, and need to review the other 2 links supplied again, but does anyone think that these examples today are anything worth noting or touching on in my defence? i.e. inconsistency/lack of detail when reviewing permits etc.

KimmyHrunt

I've received a copy of the agreement, which i've had a look at. Its not even one full page of terms and conditions. I will review and report back.

Thanks everyone.