Vehicle Control Services NTK

bennjiboy

Hello - need some advice please on this one. I have received an NTK from VCS as can be seen on the link below

https://www.dropbox.com/sh/oyvkgt9oyid7rdx/AADyuMUL6Bwmd60OnxrXC-U9a?dl=0

the place this happened was pitch black, and no signs are visible as no lighting is in the area in question. Driver went back the next day and took pictures of the signs, which do state no parking on the blocked paved area. It also states that a valid ticket is required, but there is no ticket machine. The photos do not show if the car was parked on blocked paved area and it certainly is not an access road as there is metal fencing all down the side. (Edited - one wheel is on a block paved area measuring about 3mx1m)

The driver didn't drive past a sign where the car was parked, but there is one 15m away but not visible in the dark with no explicit lighting. If the driver hasnt passed a sign surely it is not enforceable? A video has been taken of this whilest driving into the site the next day.

The sign states ANPR, but this was handwritten and put on the windscreen and says this is not a Parking Charge Notice.

Is their letter POFA compliant?

More pictures are on their website but I don't want to log on to that...

So, i have to appeal via their website within 21 days, or within 14 days to get a very kind discount :-)

bennjiboy

question - should i log onto their portal to see the other photos or will it harm the case?

bennjiboy

hi - any advice please?

The_Deep

Have you read the stickies/FAQs? The ones which say "read this first".

bennjiboy

Yes thanks I have, will send the initial appeal letter template and expect to
Fail, but didn’t know if anyone had any particular thoughts on specifics to get this invoice withdrawn based on the situation?

Will post my appeal letter here shortly..

Umkomaas

bennjiboy wrote: »

hi - any advice please?

You seem a bit impatient in bumping your thread. It won't help. There is only a very small number of advisers on here - around 5 or 6 on the best of days, and don't forget it's holiday season, so even fewer. Yesterday we were dealing with 85 different cases.

This isn't like an online helpline, it's one of self help, with guidance at the margins from regulars alongside the best online FAQ advice in the NEWBIES FAQ sticky for posters to access any time 24/7.

I've looked at your photos, in particular the NtK you've received from VCS. Here's what you need to get your head around now - Keeper Liability.

With a date of alleged contravention of 18/12/2018, the PPC has just 14 calendar days from the day following the parking event (19/12) to issue and have the NtK received by you. That critical date is 1st January 2019 (oh dear, bank holiday, no postal deliveries - hard luck on the PPC!).

As the Issue Date of the NtK is 31/12/2018, it is impossible for VCS to comply with PoFA to transfer liability to the keeper. It doesn't make the charge void - it just means they can't pin it on the keeper provided the driver's identity hasn't been divulged to the PPC, so what you said in your initial appeal is critical.

There's your starter for ten, so if there has been no driver identified, start to learn about No Keeper Liability.

Redx

bennjiboy wrote: »

1) Yes thanks I have, will send the initial appeal letter template and expect to Fail,



2) but didn’t know if anyone had any particular thoughts on specifics to get this invoice withdrawn based on the situation?

1) correct, you send that blue text template and it will fail, because they will uphold the charge and refuse to cancel it (its what they do and nothing you can say will change that)


2) they will NOT withdraw it, its that simple, they have you on the hook and wont let you wriggle off it


the only 2 ways to get rid of this is a landowner cancellation (or a win in court)

Le_Kirk

bennjiboy wrote: »

Will post my appeal letter here shortly..

You don't need to post it here if you are sending the BLUE text appeal from the NEWBIE sticky. You are strongly advised to send as is without additions, deletions or modifications.

The_Deep

Read about this scam which you are caught up in here.

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

bennjiboy

Thanks to everyone.

Will send the blue text from the sticky and await next stage!

bennjiboy

Ok, so I went on their website to start the process, and there was more photos, a total of 8, including one showing 1 wheel of the car parked on a small part of block paving. The block paved area is about 3m x 1m thats all. There is another photo with the sign ahead of the car by about 15meters which the car would not have driven past and is not readable from the car.

Are either of these valid points of appeal?