Claim against VCS

TheMisterMan

Hi all,

I was wondering if you could provide me with some assistance.

The current standing is:

- They allege that my car was parked on land they manage without a permit
- They are pursuing me as the keeper on the assumption I was driving (no PoFA)
- I have told them they don't have landowner authority and gave them the Land Title for the relevant land so they could check
- They responded that they do indeed have authority (shocker!)
- No admission as to the identity of the driver has been given
- They have refused a request under the DPA to stop processing my data
- The have sent a LBC dated 10/10/2017 which didn't adhere to any protocol (past or present)
- I have replied stating this asking for a compliant LBC
- It has all fallen silent

Some facts:

- They don't own the land
- They have no contract with the landowner
- The land the car was parked on is near land they probably have a contract for
- I am employed by the landowner (so I know they have no contract )
- My employment contract grants me the right to park

I don't want to hang around for 6 years to see if they file a claim - it'd drive me mad. I think I have a case against them for breach of DPA. If I do I would like to see this through. My goal is to simply get them to admit they are wrong in writing, or at the very least have it cancelled in writing. If that doesn't happen I would like to take them to court in order to get this all resolved one way or the other.

Thanks in advance

EDIT: the landowner, sadly, doesn't want to get involved.

beamerguy

TheMisterMan wrote: »

Hi all,

I was wondering if you could provide me with some assistance.

The current standing is:

- They allege that my car was parked on land they manage without a permit
- They are pursuing me as the keeper on the assumption I was driving (no PoFA)
- I have told them they don't have landowner authority and gave them the Land Title for the relevant land so they could check
- They responded that they do indeed have authority (shocker!)
- No admission as to the identity of the driver has been given
- They have refused a request under the DPA to stop processing my data
- The have sent a LBC dated 10/10/2017 which didn't adhere to any protocol (past or present)
- I have replied stating this asking for a compliant LBC
- It has all fallen silent

Some facts:

- They don't own the land
- They have no contract with the landowner
- The land the car was parked on is near land they probably have a contract for
- I am employed by the landowner (so I know they have no contract )
- My employment contract grants me the right to park

I don't want to hang around for 6 years to see if they file a claim - it'd drive me mad. I think I have a case against them for breach of DPA. If I do I would like to see this through. My goal is to simply get them to admit they are wrong in writing, or at the very least have it cancelled in writing. If that doesn't happen I would like to take them to court in order to get this all resolved one way or the other.

Thanks in advance

EDIT: the landowner, sadly, doesn't want to get involved.

No surprise that VCS are not compliant

If you are certain that they have no rights, get a letter
from the landowner stating that.

Tell them with copy of landowners letter and warn them
that you will claim up to £750 for a data breach.
Even invoice them for £750 so they know you mean business

They ignore at their peril and the peril of their dodgy solicitors

TheMisterMan

beamerguy wrote: »

No surprise that VCS are not compliant

If you are certain that they have no rights, get a letter
from the landowner stating that.

Tell them with copy of landowners letter and warn them
that you will claim up to £750 for a data breach.
Even invoice them for £750 so they know you mean business

They ignore at their peril and the peril of their dodgy solicitors

The landowner is unwilling to get involved. I have the Registers of Title and the Title Plans (official copies) that show who the owner is and the boundaries of the land. The photographs provided by VCS (on my parking charge website, not the LBC... their LBC contained nothing useful) clearly show my car is on this land.

beamerguy

TheMisterMan wrote: »

The landowner is unwilling to get involved. I have the Registers of Title and the Title Plans (official copies) that show who the owner is and the boundaries of the land. The photographs provided by VCS (on my parking charge website, not the LBC... their LBC contained nothing useful) clearly show my car is on this land.

Why will the landowner not get involved if VCS are trying
to make money on his land without permission
OR, does the landowner know something that you don't ?

TheMisterMan

The situation is far from ideal.

VCS was brought in by one of the landowners (as far as I can gather). The other landowners on the site play along without actually having their own contracts. VCS gave permits to these companies for their employees to display. I have an email from our legal department that says they have no contract with VCS but agreed to allowing the other company contracting with them essentially on behalf of all the landowners.

beamerguy

TheMisterMan wrote: »

The situation is far from ideal.

VCS was brought in by one of the landowners (as far as I can gather). The other landowners on the site play along without actually having their own contracts. VCS gave permits to these companies for their employees to display. I have an email from our legal department that says they have no contract with VCS but agreed to allowing the other company contracting with them essentially on behalf of all the landowners.

The whole concept of the parking scammers is based
on a contract, if they have no contract that covers
your parking space, there is no contract.

TheMisterMan

beamerguy wrote: »

The whole concept of the parking scammers is based
on a contract, if they have no contract that covers
your parking space, there is no contract.

Thanks for confirming.

Should I wait for a time to see if they file a case and then counter-claim?

Or should send them a letter now stating that since they are continuing to use my data they are in breach and they must pay me £x?

Would I have to write my own (compliant!) LBC for this or would it just be an ordinary letter?

beamerguy

TheMisterMan wrote: »

Thanks for confirming.

Should I wait for a time to see if they file a case and then counter-claim?

Or should send them a letter now stating that since they are continuing to use my data they are in breach and they must pay me £x?

Would I have to write my own (compliant!) LBC for this or would it just be an ordinary letter?

Best to pinch this in the bud, if it goes to court, and they use
legals who appear not to understand, it's just hassle.
A judge would not be impressed and no doubt you will win
and that's when you can claim a data breach

They need to prove they have permission (not verbal)
ie .. a contract that allows them to issue tickets for
your parking space which is allowed by the landowner

If they issued parking permite to others on ajoining land
why did they not give you a permit if they have a contract

TheMisterMan

beamerguy wrote: »

Best to pinch this in the bud, if it goes to court, and they use
legals who appear not to understand, it's just hassle.
A judge would not be impressed and no doubt you will win
and that's when you can claim a data breach

They need to prove they have permission (not verbal)
ie .. a contract that allows them to issue tickets for
your parking space which is allowed by the landowner

If they issued parking permite to others on ajoining land
why did they not give you a permit if they have a contract

The driver at the time of the incident did not display a permit, regardless of whether they were in possession of one.

I'll draft a letter to VCS later today.

System

Before you go off on this adventure, be aware that though there is no written contract there could be an implied one if the site has VCS signs and permits.

Not all contracts are written or have express terms.

beamerguy

TheMisterMan wrote: »

The driver at the time of the incident did not display a permit, regardless of whether they were in possession of one.

I'll draft a letter to VCS later today.

So, you have a permit ?