Hire Vehicle PCN (NTK) VCS Ltd

hepher11

Hello

Having read other threads along with the newbies thread I find myself in a very similar situation to others regarding hire vehicles and i'm looking for further guidance if possible. I have already put quite some time in to this and i am now wondering whether to appeal further or just pay up,

I am the hirer of a company car from Lex Autolease. The first correspondence i received regarding this PCN was an admin charge of £10 received from Lex, as i had not received anything through the post I contacted Lex and requested a copy of the NTK. Issue Date 08/06/18 (Please note VCS are an IPC Member according to their correspondence)

While speaking to Lex they also informed me of the date they provided VCS with the details of our companies hire contract with them, this date was 26/06/18

The next correspondence received was an NTK from VCS addressed to the company, Issue Date 13/07/2018

Having read alot of threads in particular those of Edna Basher i then made an appeal online using their myparkingcharge online process This appeal was made on 26/07/18 and it was as follows;

Parking Charge Notice Ref No:[######]: Vehicle Registration [######]

I refer to the above-detailed Parking Charge Notice “PCN” issued to me by Vehicle Control Services Ltd “VCS” as a Notice to Keeper. I confirm that I am the hirer of this vehicle. The Hire Company inform me that they have provided VCS with the details of the hire agreement on 26/06/18.

I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Vehicle Control Services Ltd’s Notice to Keeper did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 of POFA in particular.
In addition to this, the vehicle was not parked illegally it was used to make a delivery. This area is a known and regularly used loading area to make deliveries to numerous shops and businesses. There is no other way of making deliveries to these shops and businesses via transport. The Parking notices are also poorly displayed, they were not noticed at the time of the delivery being made and having viewed the images it is clear to see that they are not very noticeable.
Given that Vehicle Control Services Ltd has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

Following the appeal i made i have now received a letter form VCS via my personal email that i registered with the my parking charge online process. This letter is as follows;

17 August 2018

Dear Mr,

Re: Parking Charge Notice Number ###### (Vehicle:######)
Site: Castle Walk Car Park Issue date: 13/07/2018

We refer to correspondence received from you concerning the above numbered Charge Notice.
Please note that responsibility for this Charge lies with the driver of the vehicle at the time the parking contravention was observed. However, we are unable to ascertain who the driver was on the date in questions from the information given within your appeal.
In order for us to process your appeal correctly, please follow the instructions below:

1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.

2. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming that you are authorised to appeal on his/her behalf; this needs to be an original signature and not a photocopy or a stamp. The statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS.
Please ensure that correspondence is submitted through the portal myparkingcharge.co.uk in order to correctly adhere with the appeals process.
OR

3. Pay the PCN. Payments can be made online at myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 and using a valid Credit or Debit Card to make payment. It is your responsibility to ensure that payment is received within our office by the date specified.
As a gesture of goodwill we have placed the charge on hold for an additional period of 14 Days to enable one of the above actions to be complied with.
We are willing to re-offer you the original discounted charge of £60 as full and final settlement of this Notice, if payment is received within our office on or before the 31 August 2018. If payment is not received by this date, the amount payable will revert to £100. Failure to pay this charge within the stated times, may result in Debt Recovery Action being taken and further costs up to an additional £60 being incurred.
Yours sincerely,
Appeals Administration Team CENTRAL PROCESSING OFFICE

Apologies for my long winded post I just wanted to include everything in order to try and obtain opinions as to what I should do next, continue to appeal or just pay up.

Any guidance will be much appreciated, thanks in advance.

Redx

VCS are IPC AOS members, not BPA AOS members , so they do not adhere to the BPA CoP , nor do they offer POPLA either (that other thread about TOPHER that you posted in was also an IPC member)

if VCS have refused the appeal (which they will do), then the IPC advice in the NEWBIES FAQ sticky thread applies. meaning there is no further appeal , so definitely no POPLA

IF you have told them who was driving the vehicle, then POFA2012 is irrelevant

ps:- hepher , you need to edit out the VCS reference and the VRM details in your post above and in the other thread you incorrectly posted in, plus remove any hint of who was driving

hepher11

Thanks for the advice, this has helped, I've also edited out specifics as advised.

Redx I'm assuming I've made an error with my appeal not understanding the relevance of BPA and IPC etc. Having read the thread you pointed me towards I now realise i should have used the template below. I've not had a formal rejection letter just the letter requesting details of the driver as the responsibility of the charge falls with them. I assume it's now too late to send another appeal? We live and learn I suppose, I'll pay up on this occasion but I'll know for next time. Scammers!!!

Template I should have used.

PCN number:

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Formal note:

Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully,

Redx

the correct template to have used is a variation of the edna basher template , but adapted for IPC members and so no mention of the BPA CoP nor POPLA

the reply you have received is VCS phishing for driver details, especially if the drivers details were not disclosed in the original appeal

if VCS failed to follow POFA2012 , then the hirer isnt liable and can defend the case in a court of law

if VCS can prove that the keeper/hirer/lessee is the driver, then POFA2012 is irrelevant

your initial post # clearly states who the driver is, hence why we tell people to never say things like that , do what the yanks do and plead the 5th (aka , no comment)

if this went before a judge and the hirer is deemed to have only been delivering goods then it may well be that the judge would strike out the case (like the JOPSON case for example)

we would say FIGHT , not PAY, but its your choice


edna basher deals with these company issues all the time , which is why we defer to his experience in hire/lease matters

hepher11

Redx

Thank you for your insight on this it's helped me understand things far better, i didn't do enough research as i'm limited with time and the more time i spend on it the more i tend to think it's not worth all of this time for the sake of £60

So you're suggesting to pay or fight, but definetly do not ignore???

hepher11

I certainly wouldn't want it to end up in court for the same reasons either.

I have not provided details of the driver at any stage to VCS therefore it would be interesting to get an opinion from Edna Basher

Redx

if you IGNORE , they (VCS or their solicitors like B W LEGAL acting on their behalf ) have 6 years to try a court case using MCOL

then a judge will decide, if it gets as far as the courtroom , using the arguments like POFA2012 liability, landowner authority etc)

we cannot tell you what to do, that is your choice to make, even if its a financial one

if you wanted legal advice, it will likely cost you hundreds of pounds, if you can find a lawyer that understands this topic (most dont)


as its the small claims court, and a dispute over money, I dont know why you dont want it to go to court ? doesnt make sense , ie:- let a judge decide, if you lose , then pay the judgment in full within one month , to settle it


ps:- you still have not edited post #1 to remove any hint of who the driver is or was

Edna_Basher

Hi hepher

Unfortunately VCS are a very stubborn bunch and the only realistic chance for an early cancellation of this PCN will be through a complaint to the landowner.

It's not clear from your posts whether you "appealed" as an individual or on behalf of your company. Given that the lease agreement is between Lex and your company, it will be your company that is the "hirer" rather than you - although, if you are the vehicle's day-to-day keeper, you would be entitled to claim to be the vehicle's "keeper" according to the definition under Schedule 4 of POFA (i.e. the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper).

However, it's possible that VCS will continue to chase your company for payment. Although VCS may admit that they are not seeking to use POFA to hold the keeper or hirer liable, they will instead quote the case of Combined Parking Solutions Ltd v AJH Films Ltd (2015) as the reason why they will continue to hold your company liable for the charge.

CPS v AJH is a curious case. The judge had been satisfied that based upon the evidence, whoever had been driving had actual authority (as opposed to mere apparent authority) of the defendant (AJH Films Ltd) to drive the vehicle and also to enter into a contract with the parking company.

At the time that the parking charge was incurred, AJH Films Limited had only one employee - i.e. the director who represented the company in its unsuccessful defence of the claim. Having lost an appeal, the director applied for permission to bring a second appeal and having done so, then failed to turn up at the hearing. Unsurprisingly, his application was refused.

The judge made it clear that that the case involved a decision on the particular facts (perhaps this included the fact that the company's sole director was its only employee) and whilst VCS may claim that that AJH is applicable to all instances involving company vehicles, it is not.

However, I see that in your initial submission to VCS, you told them that the vehicle was being used to make a delivery - i.e. an indication that the driver was on company business at the time. VCS could seize upon this to claim that the driver had actual authority to enter into a parking contract on the company's behalf.

There's no point in "appealing" to the IAS and there's no point in writing anything more to VCS unless they send a Letter Before Claim. You just need to focus your efforts on trying to get the landowner to instruct VCS to cancel the charge - it seems like VCS's heavy-handed approach towards delivery vehicles could be having a detrimental effect on the local businesses that VCS were brought in to "protect".