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Registered Keeper named the Driver

124

Comments

  • Umkomaas
    Umkomaas Posts: 44,330 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 March 2019 at 11:54AM
    What a mealy-mouthed (and incorrect, as pointed out by Castle) response from TS.

    You would have thought that as a minimum (given they should have some interest in the rights of consumers) they would be giving Excel/VCS some breath down their necks which might just then have them looking over their shoulders and thinking twice about confettiing these red cards everywhere!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • TS are truly a waste of your energy......overloaded, cuts etc...not worth the electrons to email them imo.
  • Umkomaas
    Umkomaas Posts: 44,330 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    TS are truly a waste of your energy......overloaded, cuts etc...not worth the electrons to email them imo.

    It seems to be the case that they no longer have many (any) teeth left. Their glory days have long gone with the demise of knock-off VHS videos and CDs.

    I remember that threatening a call to 'Weights and Measures' used to almost guarantee that any outfit trying to put one over on you would soon back off.

    Entering the W&M office once, I remember a big oak desk, the official sat behind it in his blazer, corduroys, checked shirt, and dickybow, puffing away on his Sherlock Holmes pipe with the custardy-scented smell of Holland House tobacco permeating the room ......

    Memory still good, but I digress ........ Nurse!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Has Trading Standards now delved into the mindset of the CAB or, does their memory take them back to Scotland and their extreme failure in the court.

    As I believe in the new CoP, they will have to use redesigned tickets so there is no confusion

    Maybe that's when we can nab VCS/EXCEL.
  • dekat
    dekat Posts: 12 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    I wrote a letter to VCS about their 'This is Not A Parking Charge' been highly misleading and will report them to Trading Standards'. Any views welcome. Thanks

    This is a response from VCS regarding the above:


    1. We have supplied a proof of the Red MPC Card left on the vehicle. As noted above the MPC card is a forewarning left on the vehicle to warn a potential contravention has been observed and to invite an appeal or payment if the motorist so wishes. It is not a formal Notice. This is subsequently issued by post as per procedures at sites monitored by ANPR.

    2. The MPC Card clearly and unambiguously informs motorists that: “The Car Park operator has reason to believe that this vehicle is parked in contravention of the advertised Terms & Conditions. As a result a Parking Charge Notice may be issued to the Registered Keeper through the post. You may view details of the recorded contravention, and take the appropriate action, by visiting the website address below using the Serial Number stated above along with your Vehicle Registration Mark.”

    3. As such it is our position that the process is not misleading as the appellant is clearly informed as to what the process in operation is. As noted above it is intended to help motorists avoid repeat contraventions of the contractual Terms and Conditions.

    4. We do not seek to impersonate local authorities. The MPC card refers to is as the Car Park Operator, and the signage in situ unambiguously states: “Vehicle Control Services Ltd Manage and Control this Private Property”.

    5. We would note our MPC Cards have been audited by the International Parking Community (IPC) and found to be suitable for use.

    6. The appellant's vehicle was parked without displaying a valid permit and therefore became liable for a Parking Charge Notice as per the displayed Terms and Conditions.

  • Le_Kirk
    Le_Kirk Posts: 26,163 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    2. The MPC Card clearly and unambiguously informs motorists that: “The Car Park operator has reason to believe that this vehicle is parked in contravention of the advertised Terms & Conditions. As a result a Parking Charge Notice may be issued to the Registered Keeper through the post.
    This sounds like they are going to be doing some further investigative work before issuing NTK. What are they going to do after you have left the car park? If they believe the driver/keeper/car has parked "in contravention" why not issue the NTD straight away? Sounds like a line in BS to me!
  • RobinofLoxley
    RobinofLoxley Posts: 297 Forumite
    Eighth Anniversary 100 Posts
    edited 21 March 2019 at 12:33PM
    Ha ha, that's a laugh from VCS.
    the MPC card is a forewarning left on the vehicle to warn a potential contravention has been observed and to invite an appeal or payment if the motorist so wishes.

    Rather like if a flyer is left on your windscreen from the Nigerian Diamond Mining Co., saying we have potentially found a new seam of diamonds, if you wish to send us a cheque for £xxxx it could be yours.

    I.E. a scam!
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Le_Kirk wrote: »
    This sounds like they are going to be doing some further investigative work before issuing NTK. What are they going to do after you have left the car park? If they believe the driver/keeper/car has parked "in contravention" why not issue the NTD straight away? Sounds like a line in BS to me!

    I agree. IMO, if they tried this on in court, they would be likely to crash and burn.
    You never know how far you can go until you go too far.
  • nigelbb
    nigelbb Posts: 3,821 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    D_P_Dance wrote: »
    I agree. IMO, if they tried this on in court, they would be likely to crash and burn.
    The argument if the RK is taken to court is that the windscreen ticket is indeed an NTD & therefore the NTK must arrive between days 29 & 56. Thenif the NTK arrives by day 14 it is invalid.
  • pysspd
    pysspd Posts: 28 Forumite
    There appear to be a lot of 'live' VCS cases about (and reported on here) that utilise the misleading nature of these fake 'My Parking Charge Notices' as a defence point. But, I have yet to see any outcomes reported in relation to how a judge might respond to them. I should say I have a personal interest (having had one of these notices). Perhaps it is just too early to expect any completed cases where this defence point has been properly examined by a judge.
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