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Vehicle Control Services

Hi Guys,
I received a ticket through the post (ANPR) and wrote back. Long story short it is now in the County Court in Barnsley on Tuesday 26th Feb.

Apart from the fact I beat a Judge once over this, the company involved (VCS) have stated in the paperwork that they are ignoring the Protection of Freedoms Act 2012 which states rules about private compaines issuing tickets like this. One in particular is the fact that they must send the ticket not later than 14 days starting with the day after the car was parked. My ticket came through 34 days after which is way beyond the 14 days.

I was wondering if anyone else has had dealings with this company, I am intending to mount either a prosecution or group litigation order against the company for unlawful acts, including but not limited to actions that may cause harresment, alarm and distress.

I cannot believe that I am the only one lucky enough to be way outside the 14 day mark?
«1

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think you are misunderstanding POFA.

    If they are 'ignoring POFA', all that means is that they are not relying on transferring the driver's liability to the keeper.

    In other words, they are convinced that you were driving, so they do not need to rely on POFA to transfer liability anywhere.

    WIthout needing to rely on POFA, they have/had up to six months to send a PCN to you. They appeared to have done that.
  • Have you sent a Subject Access Request to VCS? Probably worth a shot to see what they have by way of evidence.
    Natwest OD - Start: £1,500 Current: £1,500 |  Creation Loan - Start: £2,152.33 Current: £2,082.90  |  Barclaycard CC - Start: £5,242.42 Current: £5,416.45  |  Novuna Loan - Start: £8,598.43 Current: £8,366.04  |  Tesco CC - Start: £9,420.22 Current: £9,885  |  Northridge Car - Start: £15,584 Current: £15,017

    Starting total on 02.07.2024 is: £42,497.40  |  Current total: £42,267.39 (0.5% paid off)
  • Oh we have 36 pages of evidence (in the latest bundle) - 18 pages of a paralegals thoughts and musings on the subject, photos of the carpark from various angles, photos of signage, copies of the contract between them and Scottish Widows who own the land, pictures of the car (but not the driver). They keep bleating on about how they are entitled to chase me because of the 'Law of Agency' which isn't an actual law at all its just a collection of thoughts and cases which allow someone seemingly unconnected to something to act on another persons behalf.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 22 February 2019 at 12:21AM
    there are plenty of threads on here about VCS and EXCEL and their court cases, just read a dozen or twenty
    sometimes they are done "in house" and sometimes via B W LEGAL, so read both

    especially read the ones by Lamilad where Jake Burgess was involved

    and this one https://forums.moneysavingexpert.com/discussion/5893158/urgent-help-please-vcs-claim-form-received

    and https://forums.moneysavingexpert.com/discussion/5907593/county-court-claim-form-vcs-limited-parking-fine

    also this new one posted today

    https://forums.moneysavingexpert.com/discussion/5968057/vcs-defence

    and this VCS Liverpool Business Park one

    https://forums.moneysavingexpert.com/discussion/5848936/liverpool-business-park-pcn-we-won

    and this Lamilad Excel one (sister company to VCS, same issues)

    https://forums.moneysavingexpert.com/discussion/5968089/court-report-the-ppcs-and-the-harm-they-do

    as mentioned above, they dont (or didnt) rely on POFA (it is not mandatory) and so what KeithP says is correct, so one defence point is the transfer of liability from driver to keeper (or lack of) , so they failed POFA and as keeper you have no liability

    then they will do what he said above and allege that YOU were the driver and so POFA isnt required, because they "have their man" (or woman) lol

    it is no coincidence that the letters VCS appear in the word ViCiouS
  • I'm sorry an Act of Parliament that specifically states it applies to all land, including above and below ground, applies where a relevant obligation to pay (and has not been paid), where there is no other legislation controlling it and the company is not one of the exempt persons is not mandatory? That cannot be right.
    The law was intended to make a level playing field for all persons so the rules could be brought under one statutory scheme. You cannot pick and choose which AOP's you do and do not want to follow otherwise laws would be suggestions rather than enforcable.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm sorry an Act of Parliament that specifically states it applies to all land, including above and below ground, applies where a relevant obligation to pay (and has not been paid), where there is no other legislation controlling it and the company is not one of the exempt persons is not mandatory? That cannot be right.
    The law was intended to make a level playing field for all persons so the rules could be brought under one statutory scheme. You cannot pick and choose which AOP's you do and do not want to follow otherwise laws would be suggestions rather than enforcable.
    Are you really saying that a company cannot choose whether or not they use the facilities offered by Schedule 4 of The Protection of Freedoms Act 2012?

    I said earlier I thought you misunderstood POFA. You have now confirmed it.

    Good luck.
  • Coupon-mad
    Coupon-mad Posts: 154,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 February 2019 at 1:26AM
    I'm sorry...
    {snip}
    The POFA ... is not mandatory? That cannot be right.

    It is right. You should have come here earlier and found that out:

    https://www.whatdotheyknow.com/request/410916/response/994145/attach/2/FOIR6098%20Guidance%20for%20Private%20Car%20Parking%20Operators%20INF273%20261016.pdf

    In that Guidance for Private Car Parking Operators, the DVLA say:
    Where the prescribed timeframes of PoFA cannot be met, cases can still be pursued, e.g. under contract law.
    It is however, important that any correspondence issued by the car park operator does not cite the intention to recover an unpaid charge from the vehicle’s keeper as there would be no legal basis to do so.

    So, they are pursuing you on the assumption you were driving and will throw CPS v AJH Films and the law of agency at it.

    OK, so what did your defence say?

    Are you an individual or a company Defendant?

    Have you filed and served your Witness Statement and evidence in time, as the letter telling you the court date, told all parties to do? What did you file & serve?

    Did you include Excel v Smith (on appeal) and VCS v Quayle, as exhibits, to debunk the agency argument? See link below to both transcripts, for people like you to use in good time, well before their hearing.

    http://www.parking-prankster.com/more-case-law.html

    Hope you don't think you can just rubbish their Witness Statement and evidence on the day without having filed anything after a defence. The fact they sent you pages of WS and evidence gave you a clue it was time to file & serve yours, as per your court's directions in the letter.

    Please tell us you did.

    We want people to beat these scams and 99% of people who come here in good time, do.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • So big do's and little do's ..... I won :j
    After carefully crafting legal arguments and studying case law that I was directed to on here I didn't use any of it in the end. Claimants claim was struck out on the day.
    Was a messy win but a win none the less. What I will say is it's always worth checking out who your opponent has sent to represent them. :T
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    So big do's and little do's ..... I won :j
    After carefully crafting legal arguments and studying case law that I was directed to on here I didn't use any of it in the end. Claimants claim was struck out on the day.
    Was a messy win but a win none the less. What I will say is it's always worth checking out who your opponent has sent to represent them. :T

    It's always good to see them lose. Well done. On what basis was the claim struck out. Useful to know.

    Nolite te bast--des carborundorum.
  • It's always good to see them lose. Well done. On what basis was the claim struck out. Useful to know.


    The guy they sent to represent them was not a legal professional. Although he did have several degrees to his name he was not a solicitor nor did he work for VCS.

    As they didn't turn up, they thought this guy showing up would do the job for them, they could not ask him to be a lay representative for them. Procedure rules only allow a Barrister, Solicitor or Legal Executive to conduct a case on behalf of a client.
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