VCS parking ticket requiring log on at MyParkingCharge.co.uk

PrincipledPete

Spoke with the train station attendant ... apparently the land is owned by a local farmer!


Subsequently spoke with TFWM (Transport For WM); would not advise verbally who owns the land (need to email them for their legal team to answer it) and would not entertain how to cancel the PCN save for appealing to the parking company to get a "reference number". Seems like they want people to go through a long process costing time and money for all parties in order to resolve this, rather than a phone call to speedily resolve this. Albeit the person at TFWM said the parking co "operate on our behalf". Lol.

PrincipledPete

Brief update: I decided not to reply nor appeal so no comms whatsoever to them since their first notice.
As of today, no further correspondence received.
Let us hope it stays that way for the next few years

PrincipledPete

Well, here's an update after all this time!
Any ideas on how to proceed?
...Since land is operated under byelaws and only TOC can bring charges, ignore?


The RK received a "Demand For Payment" dated xx/2/2019, some 18 months after alleged contravention, contents as follows:


Outstanding Balance £xx (increased by about £100)
Deadline for action: xx + 14 days /02/2019


Your account has now been passed to our Debt Management Team for recovery of the outstanding charge amount. Any option to pay a reduced amount has now elapsed.


Debt collection costs of £x have now been added to the outstanding Charge making the total amount payable £x (this amount takes into account any payments previously received).


What To Do Now
In order to avoid further costs, you should pay the Outstanding Balance of £x no later than the Deadline For Action date specified above (ie within 14 days from the date of this Letter).


How to make payment
Full details of how you can make payment , along with the methods of payment, are set out on the reverse of this letter.


What Happens If You Do Not Settle The Outstanding Balance?
If he Outstanding Balance is not fully paid by the Deadline For Action date we may commence legal proceedings against you. In the event that County Court proceedings are issued, we will also be seeking recovery of the associated court fees, solicitor's costs, and statutory interest - the Outstanding Balance would therefore increase.


References
You may wish to reference the case of ParkingEye Limited v Beavis [2015] UKSC 67 in which the Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable.


What To Do If You Have Difficulties In Paying
You can discuss the matter with one of our helpful team on: 0114 231 7851


DO NOT IGNORE


page 2/
Methods of Payment
blah blah


You have received this notice because the company intends to take you to court in relation to this debt. This letter tells you what to do next, including how to avoid court action. Please read it carefully.


Seeking Debt Advice
blah blah ... note on organisations offering debt advice: CAB, Civil Legal Advice, National Debtline, Advice UK.
It is recommended that you get debt advice if you have any doubt about whether you owe the debt or whether you can pay it now.


IPC International Parking Company Membership No. VEH0011. We are an Accredited Operator and a member of the International Parking Community (IPC), www . IPC . info and operate in accordance with their Code of Practice.


Data Protection We are registered as a Data Controller with the Information Commissioners Office. ICO registration Z9662939

Coupon-mad

Since land is operated under byelaws and only TOC can bring charges, ignore?

No.

And it's not true to say only the TOC can 'bring charges'. The TOC had the right to issue a penalty charge notice and to then lay that before Magistrates within 6 months. That time has gone...

But this was not a 'penalty' charge notice, it was a Parking Charge and it's the same as all other VCS ones. They will say that contract law applies, not byelaws.

I am not saying that you can't use the byelaws in your favour to point out the land is not 'relevant land', in your defence. I am telling you what VCS will say in their court claim crap.

There is a bespoke defence for VCS /'no CN' cases in the NEWBIES thread, for you to copy & adapt, when they sue. As well as changing the name of the PPC, dates & details of location, you would just need to add a point about byelaws land not being relevant land under the POFA, and as such, the registered keeper cannot be held liable.

And no, at this stage, saying the above will not get VCS to stop.

See the NEWBIES thread for LBC stage and what to do (SAR). No repeating the sticky thread here and asking if it's right, though, as we cannot handle that on every thread.

PrincipledPete

Thanks, I'll have a look at the defence and draft a response.


Perhaps they waited 18 months so the interest accrues... a devious way of generating extra cash...

PrincipledPete

After another letter, and now a LBC, I haven't responded yet.
Will look at the newbies thread for the LBC stage advice...
Getting interesting

PrincipledPete

So, CC claim received. Worth defending given nature of incident?

Quentin

Of course

You have been spoonfed a defence in #15!

nosferatu1001

Newbies thread, post 2

You must first, and with zero delay, follow the instructions on post 2 to ACKNOWLEDGE the claim online. No other method. Just online.

Tell us the ISSUE date.

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.