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Retail park - Vehicle COntrol Services PCN

Becstar12345
Posts: 5 Forumite
Ok so basically my car was parked over the white lines of a parking bay on a retail park on the 26th Feb. No notice was on the screen of the car and the first I heard of this parking charge was a FINAL REMINDER that I received in the post on the 6th April stating that I owed VCS £100 and had no chance to appeal now as I'd not responded to the NTK that was apparently issued on the 2nd March. This was not received by myself.
The final reminder also stated that I had 7 days from issue of this notice to pay, which would have been the 7th April. Letter was only received the day before but 'assumed delivered 2 days after issue of notice.'
I appealed this via their online portal and received a response on the 22nd April (which I only found in my inbox yesterday as I'd forgot about it!). Obviously they have rejected my appeal and state the car wasn't parked inside the white lines and should I wish to appeal I must do so directly to the IAS.
In the first appeal I stated the drivers reasons for parking over the white lines as I was running out of time and panicked and couldn't find out how to work this forum properly. It was late at night by the time I got round to checking my mail.
Please can you help/suggest what I should do as the £60 'deadline' is today...?
I have read the NEWBIES thread and where it states about going to court DO RESPOND and remember, if it later goes to a hearing then the Judge will see the correspondence. So seize the moment to point out how the firm have been unreasonable and to ask for evidence, photos, a copy of the signage terms - and there is photos on the online service for the parking company...
Also I have written to the CEO's of both of the stores I visited and have had no response as yet so am sending out a follow letter today (including the original complaint letter) and posting recoded delivery this time.
The final reminder also stated that I had 7 days from issue of this notice to pay, which would have been the 7th April. Letter was only received the day before but 'assumed delivered 2 days after issue of notice.'
I appealed this via their online portal and received a response on the 22nd April (which I only found in my inbox yesterday as I'd forgot about it!). Obviously they have rejected my appeal and state the car wasn't parked inside the white lines and should I wish to appeal I must do so directly to the IAS.
In the first appeal I stated the drivers reasons for parking over the white lines as I was running out of time and panicked and couldn't find out how to work this forum properly. It was late at night by the time I got round to checking my mail.
Please can you help/suggest what I should do as the £60 'deadline' is today...?
I have read the NEWBIES thread and where it states about going to court DO RESPOND and remember, if it later goes to a hearing then the Judge will see the correspondence. So seize the moment to point out how the firm have been unreasonable and to ask for evidence, photos, a copy of the signage terms - and there is photos on the online service for the parking company...
Also I have written to the CEO's of both of the stores I visited and have had no response as yet so am sending out a follow letter today (including the original complaint letter) and posting recoded delivery this time.
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Comments
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You have your thread & answer here:
https://forums.moneysavingexpert.com/discussion/5645249
Keep to one thread all the time so the regulars can help and follow it all.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I don't know how that became a thread as you told me it was on somebody else's post. The only thread I have created is this one.
So what should I do now at this stage? Just ignore the appeal rejection, not complain to the IAS and wait for debt recovery letters to arrive and then write to that company?
Also if it was taken to court and I lost the case, would I then receive a CCJ on my credit file?0 -
Too late now to appeal to the IAS in any case (21 days after VCS rejection), but that's no loss. We advise 99% of cases not to appeal to the IAS - your case would fall into that category.wait for debt recovery letters to arrive and then write to that company?Also if it was taken to court and I lost the case, would I then receive a CCJ on my credit file?
The one issue to be aware of is that VCS have 6 years to pursue this to court. If you move house in that time you must inform VCS and any debt collector (the only time we really recommend contacting a debt collector) of your new address, because if they issue court papers to a former address and you are unaware of their issue, a default judgment against you is likely and a CCJ almost inevitable.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Becstar12345 wrote: »I don't know how that became a thread as you told me it was on somebody else's post. The only thread I have created is this one.
So what should I do now at this stage? Just ignore the appeal rejection, not complain to the IAS and wait for debt recovery letters to arrive and then write to that company?
Also if it was taken to court and I lost the case, would I then receive a CCJ on my credit file?
Relax, ignore - only contact them to tell them in writing your new address if you move house. Keep proof of that letter.
Come back if they try a claim, and win it.
No CCJ even if you lost a defended case and we haven't lost one v BW Legal (who VCS use).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you both. Sure I'll be back here one day.
Do you know if VCS are likely to proceed to court?0 -
Becstar12345 wrote: »Thank you both. Sure I'll be back here one day.
Do you know if VCS are likely to proceed to court?
Your guess is as good as ours. They have upped their court pursuits of late, but they can't possibly take everyone to court.
http://www.bmpa.eu/companydata/Vehicle_Control_Services.html
AFAIAA, we haven't lost a case to them where forum help has been provided.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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