HELP Vcs private land pcn derby

Coupon-mad

I think with VCS I would wait for the NTK, so they have to get the data from the DVLA. I am intending to review and change the advice in the NEWBIES thread within a few weeks (maybe when I have time off at half term) and I reckon IPC cases should generally be left longer, to let them drop themselves in it by getting data from the DVLA in most cases now. Then 'challenge' a couple of weeks after the letter.

No rush to appeal a VCS/Excel one till a NTK arrives, IMHO.

Redx

IPC members are not privy to day 26 , that is BPA members (IPC is less)

the NTK cannot arrive until day 29 or later , in theory between day 29 and day 56 for POFA2012 to kick in

if CM says wait for an NTK, then wait for the NTK (in the post)

loosegoose

ok I have received the NTK in the last few days , it says on the letter I have until the 21/02/17 to register an appeal, whats the next step now ? I'm still worried I'm gonna end up with a big bill at the end of this process ie court costs debt recovery etc

Coupon-mad

Debt recovery letters cost nothing because no-one is daft enough to pay them. If you are thinking of bailiffs, this can't happen. Bailiffs only come round when people default on a court order; a parking firm can't just send the boys round.

If and when BW Legal take this to court, they would try to add another £100 but in fact could only claim (potentially) £100 plus court fees/interest, so a total of about £175, IF the defendant lost in court. Not a big bill, no CCJ if the person lost then paid what a Judge ordered in the end.

No big deal, no huge risk, no effect on credit rating, nothing.

You have been told what the ''next step'' is so no need to ask. Nothing has changed.

Where did this all too common 'what's the next step?' question come from, usually from newbies who have already been told what to do...

loosegoose

thanks, iv have used the template you advised in the newbies section for the ipc firms and mentioned the jopson homeguard case, is this suffice?

!
Dear VCS , !At the time you issued the vehicle with a PCN the driver of that vehicle!!was delivering a parcel , !Senior Circuit Judge Charles Harris QC qoutes in the!!Jopson v Home Guard !case !It was held in that persuasive Appeal case, that delivering or unloading at residential car parks is not parking and to prevent such normal activity as deliveries, makes living in flats 'unworkable' and a parking charge in such circumstances disregards rights of way and lawful access to the flats.! !
!
!
Re PCN number:VCS xxxxxxxx
!
I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:!
!
1. Who is the party that contracted with your company? !
2. Is your charge based on damages for breach of contract? Answer yes or no. !
3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver. !
4. Please provide all photographs taken of this vehicle.!
5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.!
!
Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data. !
!
Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. !
!
For the avoidance of doubt, I do not give you consent to process data relating to me or this vehicle, whether you have already obtained it or not. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.!
!
Yours faithfully, !
Mr D C*********!
16 ********* avenue!
etc!
!!

Coupon-mad

Yes, in fact the stuff about Jopson is MUCH better than the template so I would remove this:

I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.

and put this in the title, not buried in the middle (I have redacted the PCN number and so should you, if this is real!):

Re PCN number:VCS xxxxxx

You could add an explanation about the reason for the Section 10 notice, as Excel will rebut that.

So tell them up front, that receiving an unwarranted 'charge' from a notorious and litigious ex-clamper firm, when the vehicle was involved in a legitimate, brief delivery of a parcel and needed no permit (the authority being a persuasive Appeal case), is already causing significant distress. State that you are aware that VCS use BW Legal issuing robo-claims with no scrutiny of facts and the threat of a court claim for this unrecoverable charge is wholly unreasonable and vexatious, undoubtedly falling foul of the DPA Principles because there are no prospects of success at small claims in view of the Jopson Appeal case.

loosegoose

great thanks for the help! I will draft a new revision and post later see what you think

loosegoose

I have revised this draft hows this look? thanks.

!! !
Re PCN number:VCS xxxxxxxx!
I require the following information so that I can make an informed decision:!
!
1. Who is the party that contracted with your company? !
2. Is your charge based on damages for breach of contract? Answer yes or no. !
3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver. !
4. Please provide all photographs taken of this vehicle.!
5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.!
Dear VCS ,! At the time you issued the vehicle with a PCN the driver of that vehicle! was delivering a parcel ,! Senior Circuit Judge Charles Harris QC qoutes in the! Jopson v Home Guard! case! It was held in that persuasive Appeal case, that delivering or unloading at residential car parks is not parking and to prevent such normal activity as deliveries, makes living in flats 'unworkable' and a parking charge in such circumstances disregards rights of way and lawful access to the flats.! !
!
After receiving an unwarranted 'charge' from a notorious and litigious ex-clamper firm, when the vehicle was involved in a legitimate, brief delivery of a parcel and needed no permit (the authority being a persuasive Appeal case), is already causing significant distress.The driver is aware that VCS use BW Legal issuing robo-claims with no scrutiny of facts and the threat of a court claim for this unrecoverable charge is wholly unreasonable and vexatious, undoubtedly falling foul of the DPA Principles because there are no prospects of success at small claims in view of the Jopson Appeal case. !
!
Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data. !
!
Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. !
!
For the avoidance of doubt, I do not give you consent to process data relating to me or this vehicle, whether you have already obtained it or not. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.!
!
Yours faithfully,!!
Mr D C*********!
16 ********* avenue

Coupon-mad

Get rid of the questions altogether, as I suggested earlier. No point in them as it makes it look like a cut 'n' shut (2 letters merged).

loosegoose

ok , other than that its ready to submit?