VCS PCN/Intended Court Proceedings

ItsAPain

Hi,

I've searched through the Newbies thread and followed the advice correctly I hope.

Anyway, I got issued an PCN/NTK back in December 2017 for a contravention which happened in June 2017 for pulling up on double yellows for approximately 20 seconds according to the CCTV images they sent. This is private land too.

They have included the note where they may pursue the keeper on assumption that they were the driver on the bottom of the original PCN.

I appealed and they rejected of course. The response says the responsibility of the charge lies with the driver of the vehicle, I haven't stated who was driving nor do they know who was driving. They then go on to ask about giving them the drivers details or paying the PCN. I did neither.

Another letter from them refusing my appeal stated that;

• they have not cited POFA 2012 nor stated that I am liable for the charge as the vehicle keeper.
• CCTV evidence showed my vehicle stopped for an unreasonable amount of time.
• that they are going to pursue this matter on the reasonable assumption that I were the driver.

Furthermore this got sent to BW Legal and I appealed stating that I don't know who was the driver was and deny liability to the charge etc, they then put my account on hold and sent me a letter with 'Your Outstanding Query' with all the letters/images of my car/repsonses between myself and VCS/BW Legal. Failure to contact within 14 days may lead to; further collections activity or further legal action.

I feel like this isn't going to go away and I may have messed up in a response as to why they are still pursuing me.

Sorry if this is just a lot of jibberish, it's my first charge and only being (22) it's all a bit legal and technical.

I feel like paying it just to get them off my back, or is there a way I can get out of this?

Thanks for any help.

Coupon-mad

Doesn't sound like you messed up! I would expect a claim anyway, and fully expect to win it.

Here's one I wrote earlier, for a BW Legal case where they called the contact a 'query':

https://forums.moneysavingexpert.com/discussion/comment/74046847#Comment_74046847

Copy & adapt that one and get geared up to win this in your local court this year!

ItsAPain

Great thank you!

The_Deep

They have included the note where they may pursue the keeper on assumption that they were the driver ...

A most unreasonable assumption, they know that this will not fly, they have lost several cases by relying on this criminal case. They are likely to fall flat o their face and open themselves to punitive costs if they go with Elliot v Loake, googlr CPR27.14(2)(g) unreasonable behaviour. and read these.

http://parking-prankster.blogspot.co.uk/2017/01/skipton-judge-rubbishes-elliot-v-loake.html

http://parking-prankster.blogspot.co.uk/2017/06/bw-legal-try-elliott-v-loake-and-cps-v.html

http://parking-prankster.blogspot.co.uk/2016/06/new-optical-illusion-sweeps-internet.html

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas. ter.blogspot.co.uk/2017/06/excel-lose-in-cardiff-judge-explains.html

ItsAPain

They did mention ParkingEye v Beavis (2015) UKSC 67 in one of their responses if this changes anything?

Coupon-mad

Nothing at all.

Ralph-y

was this an airport ?

Ralph:cool:

nosferatu1001

Yellow lines do not stop you from "stopping", they do restrict "waiting"

tell their lcient that they need to refer to TSGRD2016 to understand their error in communicaiton.