Vehicle Control Services. I've NOT appealed and Ignored thus far

zakaria666

'd like to raise the possibility of there being two separate contracts here. This link shows that spaces at the location are rented out separately to all comers. And quite a common arrangement at VCS car parks


As the location is physically separate then the lease for the flat [IMHO] will have no bearing.

Also is this student accomodation on a license and not a lease?

The location of the car park is separate but the agency from which i went through to get parking added the charge for parking on top of my rent per month. So there was no contract I needed to sign for the parking except the contract that I had to sign for the apartment.

The accommodation I am staying is is short-term let. So a mix of professionals and student (different floors etc)

The issue as far as I see it is that there is a continuous contract and payment for it. The non-display was a reason for the ticket but the amounts will fail the Beavis test as explained in the link below. That is unless there was a failure by the OP to pay on time which would be a breach of contract.

Was there any break in the £40 being paid on time?

[/QUOTE]

No break in payment. Infact the first payment was made before I moved in (first months rent). The first months rent already included the parking costs. I am sorry i am a newb but i cant get my head around beavis. What do you mean it fails the test? You mean because i was already paying it (irrespective of the fact the permit wasn't displayed) and that the agency already had my registration number plate before I moved in as i had to provide it to them.that the judge will see this in my favour?

Yes I was given a ticket for failure to display a permit for 3 days. I clicked on that link you put in the post, it seems the defendant had to pay because he had already ignored letters and didn't appeal. I haven't ignored the letters, but i didn't appeal, so would you say i am in the same boat as them?

thanks

PS i had to delete the links in the quote as I couldn't post my reply

System

I am sorry i am a newb but i cant get my head around beavis.

If there has been no break in payment then the "out of date" permit is immaterial as it was beyond your control. You did everything to ensure you met your obligations and the failure is in being provided a valid permit on time. Beavis allows £100 to be payable for those intentionally breaching a term - not an unintentional breach. So you have to make it clear why the permit was out of date.

I'd still argue 2 contracts even though there was one payment.

PS. £650 is a lot for that part of Newcastle unless the Council Tax is included. Two bed in Jesmond for that or a 4 bed in Killingworth

The_Deep

If you do get an LBC (summons), do not get stressed, the likihood of the PPC actually winning a claim in a residential parking case is very slim. They know this and often cave in at the last moment. You can then ask a judge to award you costs for their unreasonable behaviour.

Beavis was about an overstay in a shopping centre car park, it has nothing to do with residential parking.

Have you involved the MA and your MP yet?

zakaria666

IamEmanresu wrote: »

If there has been no break in payment then the "out of date" permit is immaterial as it was beyond your control. You did everything to ensure you met your obligations and the failure is in being provided a valid permit on time. Beavis allows £100 to be payable for those intentionally breaching a term - not an unintentional breach. So you have to make it clear why the permit was out of date.

I'd still argue 2 contracts even though there was one payment.

PS. £650 is a lot for that part of Newcastle unless the Council Tax is included. Two bed in Jesmond for that or a 4 bed in Killingworth

Hi

Seems like you're familiar with these neck of the woods . Yes it is pretty steep. But the apartment comes with bills included, has a onsite gym etc haha, and fibre optic broadband. So Im actually going to end up paying the same anyway. Council tax really bumps it up but irrespective of all that, it allows for short term tenancy which i needed for work as Im on contract and also to be able to go to hospital given my sons problems and family issues i have the moment.

How do i make it clear it wasn't intentional? I mean they could argue i forgot to put it on my dashboard. I mean what really riles me is I was paying for the parking anyway. Bradley hall said they any tickets issued there will be a check on the reg plate beforehand. Why take my registration plate before moving in if that's not what happens?

System

Bradley hall said they any tickets issued there will be a check on the reg plate beforehand. Why take my registration plate before moving in if that's not what happens

That is a very strong defence point too, if you can get written confirmation of the same. It's a whitelist so if they checked the whitelist and your car was on it, there are only two explanations. The first is that they are pushing their luck but the second is that the payment from BH to VCS did not go through in time and you were inadvertently a trespasser.

This is why you have to make it clear that if there was a problem with the permit validity, it was not your issue

zakaria666

The_Deep wrote: »

If you do get an LBC (summons), do not get stressed, the likihood of the PPC actually winning a claim in a residential parking case is very slim. They know this and often cave in at the last moment. You can then ask a judge to award you costs for their unreasonable behaviour.

Beavis was about an overstay in a shopping centre car park, it has nothing to do with residential parking.

Have you involved the MA and your MP yet?

thank you. I'll try not to as I hate these things. I've got so much more on my plate and this just adds to the stress. You mean VCS has a slim chance of winning? I'm sure they have an even slimmer chance given i was already paying for the parking but what i am super upset about is that i did not appeal and that really doesn't work in my favour does it.

No i haven't involved any MP. I have spoken to Bradleyhall and they told me to do one as I am not one of their tenants but speak to CRM housing instead. Chasing my own tail at the moment.

zakaria666

IamEmanresu wrote: »

That is a very strong defence point too, if you can get written confirmation of the same. It's a whitelist so if they checked the whitelist and your car was on it, there are only two explanations. The first is that they are pushing their luck but the second is that the payment from BH to VCS did not go through in time and you were inadvertently a trespasser.

This is why you have to make it clear that if there was a problem with the permit validity, it was not your issue

Hi. so when i spoke to them it was 3 months ago and it was because i was really worried due to the permit I was given not looking like a permit. It was just a printed paper and looked unprofessional. When i called BradleyHall they lady reassured me that its a valid permit even though its looks unprofessional and that like you said my car will be on the whitelist irrespective of permit or no permit. But i don't have this written, it was a phone call. Given it was 3 months ago, how do i convince them we had that conversation haha.

You're right, they are pushing their luck. Given the tickets I was given were HOURS apart. I mean 22.58 on the 4th of august (Friday) and then 9.00am on the 5th August (saturday) and then another one on the 6th around 6.30am. It's a joke

Le_Kirk

It was just a printed paper and looked unprofessional. When i called Bradley Hall they lady reassured me that its a valid permit......

What do other resident's permits look like? Did you or can you get it in writing from Bradley Hall that it's a valid permit - even by e-mail?

System

I have spoken to Bradleyhall and they told me to do one as I am not one of their tenants but speak to CRM housing instead

OK as this is student accommodation (even if you are not a student) you have a licence and not a lease. Less protection but as BH say, talk to CRM and confirm two things

1. Is there a whitelist and
2. Was a valid payment made for the period in question to cover the parking space

http://www.crm-students.com/crm-accommodation/newcastle/urban-study-melbourne/

CRM may also tell you to do one about the parking IF the parking is separate (AIUI) from the accomodation. Best to get to the facts early so you can get it documented and off to VCS so they have no reason to further hassle you.

zakaria666

Le_Kirk wrote: »

What do other resident's permits look like? Did you or can you get it in writing from Bradley Hall that it's a valid permit - even by e-mail?

Hi. So I'm not with Bradley Hall, but outside the parking complex, there is a massive poster with their number on it. CRM housing is who i am with and who I've been instructed to speak to. I