Please help: Urgent advice needed

tom_cahill

Hello all
Please can anyone what to do in this situation and hear me out.

VCS operate in the secure, gated car park of my apartment block. Back in Feb of this year they hit us with TWO invoices, 3 days apart. One was issued on the 20th (of which we were unaware as there was no PCN attached to the windscreen) then another on the 23rd which we did find on the windscreen. We received a letter in the post a week later and assumed it was for the only PCN of which we were aware (it wasn't, it was for the one issued on the 20th, which we didn't know about), I appealed it, thinking it was for the PCN we found, reduced to £20, and I paid (I know...). HOWEVER...a week after that we received another PCN in the post which was for the other PCN issued, demanding £100. I appealed but refused to pay anything more as I had already paid for one and argued that two fines 3 days apart (issued after 10pm at night) was unfair.

Anyway, since then I have ignored threatening letters from "debt collectors" using two different trading names before finally receiving the LBC from VCS today.

How shall I respond? My tenancy agreement makes no mention of a parking space but my landlord actually owns the parking space, has given me a copy of said lease which mentions right to quiet enjoyment and does not seem, to my untrained eye, to allow for unilateral adjustment of the lease. They do know that I was the driver of the vehicle however.

Thanks for any advice given.

Pirate_Parker

I need some information from you.

Ticket 1: Was there a ticket on your windscreen?
Ticket 1: What is the date of this ticket?
Ticket 1: Was this letter a "Notice to Keeper", did it mention ANPR or a window ticket was left, what was the date this letter was sent to you.

Ticket 2: Was this left on your windscreen?
Ticket 2: Was was the date of this ticket?
Ticket 2: Was the letter a "Notice to Keeper", did it mention ANPR or a window ticket was left, what was the date this letter was sent to you.

I ask this information as I have reason to believe they were issued illegally. You may be entitled to a refund of that ticket you paid.

Redx

seems to me that this is similar to the recent win by BARGEPOLE here

https://forums.moneysavingexpert.com/discussion/5927351

I am sure that a judge would see it that way and you can counter claim and get anything back you have paid if you win

as for an LBC, if it gives 30 days notice and financial forms were enclosed then you need to issue a rebuttal

I would also send a SAR to their DPO to get all their evidence etc too

the legal beagles one can be tweaked and is the recommended one at the moment


VCS lost this case too


https://www.dailymail.co.uk/news/article-4135638/Desperate-Scousewives-s-Elissa-Corrigan-beats-firm-VCS.html

twhitehousescat

"my landlord actually owns the parking space, has given me a copy of said lease "

who hired the parking co?

tom_cahill

tHANKS FOR THE REPLY.

Ticket 1: No
Ticket 1: 20/02/2018
Ticket 1: I believe so yes, it didn't mention ANPR, but had photgraphs taken by an attendant that I could access by logging into their website.

Ticket 2: Yes
Ticket 2: 23/02/18
Ticket 2: Same as above.

tom_cahill

The management company hired VCS I believe.

tom_cahill

Pirate_Parker wrote: »

I need some information from you.

Ticket 1: Was there a ticket on your windscreen?
Ticket 1: What is the date of this ticket?
Ticket 1: Was this letter a "Notice to Keeper", did it mention ANPR or a window ticket was left, what was the date this letter was sent to you.

Ticket 2: Was this left on your windscreen?
Ticket 2: Was was the date of this ticket?
Ticket 2: Was the letter a "Notice to Keeper", did it mention ANPR or a window ticket was left, what was the date this letter was sent to you.

I ask this information as I have reason to believe they were issued illegally. You may be entitled to a refund of that ticket you paid.

tHANKS FOR THE REPLY.

Ticket 1: No
Ticket 1: 20/02/2018
Ticket 1: I believe so yes, it didn't mention ANPR, but had photgraphs taken by an attendant that I could access by logging into their website.

Ticket 2: Yes
Ticket 2: 23/02/18
Ticket 2: Same as above.

Redx

tom_cahill wrote: »

Ticket 2: Yes
Ticket 2: 23/02/18
Ticket 2: Same as above.

this cannot be correct

if the windscreen ticket was left on 23 FEB 2018 then a NTK in the post would have arrived after 28 days, for POFA it would have been between day 29 and day 56 following the incident so in late march or april

tom_cahill

Redx wrote: »

this cannot be correct


if the windscreen ticket was left on 23 FEB 2018 then a NTK in the post would have arrived after 28 days, for POFA it would have been between day 29 and day 56 following the incident so in late march or april

All I know is that my GF, who is the vehicle owner, received one PCN in the post approx 27th and another one a few days later.

Redx

was the windscreen ticket a myparkingcharge notice ?

Pirate_Parker

A Notice to Keeper is not allowed to be sent earlier than 28 days and no later than 56 days of the parking event occurring. They may have illegally obtained and processed your information.

If the letter you have is clearly marked as NOTICE TO KEEPER and it contains a section asking you to name the driver or pay the ticket then I would inform the company that unless they refund the first ticket and cancel the second ticket you will seek compensation for unlawfully obtaining your information and processing it illegally TWICE without your consent which could amount to a figure in excess of £500 not including a potential claim for harassment.