Demand before Court Action - Pollock Fairbridge and Schiavone

Inaspin

I received a letter from PFS Solicitors today.


It is a Demand Before Court Action for £160 relating to a PCN issued by Vehicle Control Services almost 2 years ago.



I have drafted an email as follows, any advice gratefully received.


Dear sirs,


Vehicle Control Services Ltd Ref:VC*******A



As registered keeper of the vehicle referred to I acknowledge your letter of 18 September 2018.


As registered keeper I am not liable for any debts incurred by the driver of the vehicle at the time of the issue of the Parking Charge Notice (PCN).



I ask that prior to the court case you provide all photographs taken of the vehicle and signs in the 'private' car park. I also ask that you provide evidence of the locus standi of Vehicle Control Services Ltd (VCS) at the time as they are not owners of the land in question. Finally I ask for the name and address of the driver of the vehicle at the time of the issue of the PCN so that I may pass on the information to the correct person.


I am also taking this opportunity to inform you that when I became aware that the PCN was issued I contacted the local authority, in this case Perth and Kinross Council, who provided me with unequivocal evidence that the location that the vehicle was parked is adopted public road, the date of adoption being 13 June 2012, this information was provided to VCS to indicated that the PCN was not valid. They have unfortunately chosen to ignore this information and pursue me, as registered keeper.


I trust you will give this your urgent attention and respond with all relevant information requested within 7 days of this email.


Yours faithfully,

onlyfoolsandparking

So you did get a PCN 2 years ago?

Redx

the other option is to IGNORE, with it being Scotland


as long as the driver is not identified, then either course of action is valid


as for the info, drop a free SAR onto VCS using the GDPR 2018

System

then I became aware that the PCN was issued I contacted the local authority, in this case Perth and Kinross Council, who provided me with unequivocal evidence that the location that the vehicle was parked is adopted public road,

Should be "no reasonable cause to have the information and should they not remove it, then you reserve the right to issue a claim for misuse of personal data should they contact you again."

... but you have to follow through.

beamerguy

Last time we saw Pollock Fairbridge and Schiavone was back
in March this year.

https://forums.moneysavingexpert.com/discussion/comment/74017326#Comment_74017326

For Scotland the advice is the same now as it was then

Don't get involved with them, they have added a fake
add-on of £60

As long as they don't know who was the driver, it makes
you wonder who do they think they are taking to court ?

Don't get confused with the famous Carl case in Dundee,
she told them she was the driver.

If you open up a conversation with them, they will think
you are a mug

Umkomaas

To whom does the letter tell you to pay? I wonder if DRP have purchased a ream of letterheads from north of the border?

£160 definitely looks like one of their stunts.

System

There seems to be a point missed here which is "the driver" was on the highway. VCS have f-all reason to have and process the personal information of the RK.

waamo

IamEmanresu wrote: »

There seems to be a point missed here which is "the driver" was on the highway. VCS have f-all reason to have and process the personal information of the RK.

That's certainly worthy of a complaint to the DVLA, ICO and both the local MP and MSP even if the op doesn't want to "get legal" on them.

Inaspin

Thanks everyone.



I should add, VCS no longer control the location, it was taken over by Horizon Parking who also issued 2 PCNs to the vehicle in the past year. With the help of the local authority these were cancelled as again the driver had parked on the public road and Horizon have also lost the contract as the residents have approached the local authority to install yellow lines to deter commuters parking there.

System

as the residents have approached the local authority to install yellow lines to deter commuters parking there.

Game, set and match. If the LA "installed" yellow lines then there is a TRO in place and it is not for VCS to issue tickets on the road. Make a Freedom of Information request to the council to confirm the same and the TRO that relates to it.

Follow up with either a claim or a complaint to the Scottish Information Commissioner's Office. or ask the council to take action against the parking company.

Inaspin

IamEmanresu wrote: »

Game, set and match. If the LA "installed" yellow lines then there is a TRO in place and it is not for VCS to issue tickets on the road. Make a Freedom of Information request to the council to confirm the same and the TRO that relates to it.

Follow up with either a claim or a complaint to the Scottish Information Commissioner's Office. or ask the council to take action against the parking company.

Thanks, I am going to refer to the outcome in my response to Pollock et al.