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VCS Vs Defendant- Albert Street car park

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Comments

  • Umkomaas
    Umkomaas Posts: 44,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have tried to attach pics of all letters I have received but as a newbie, I am simply not allowed
    NEWBIES - HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

    To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.
    Can anyone confirm, please, that once a company is acting in accordance with PoFA2012, it has to carry on this way all the way through the whole process?
    Once a PoFA compliant NtK is served there's no more to comply with. What did you have in mind?
    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
  • Madaschi
    Madaschi Posts: 47 Forumite
    beamerguy, yes it does ring a bell, but they have changed that. Yes, there still is (was, as this car park is disused) Excel at the entry and Excel logo on tariff and t&c board but with small letters right underneath that contract is between driver and VCS. I will argue that Excel managed that site and initial if not all correspondence should be from them, and VCS is a stranger. Do you think it is the right way?

    Umkomaas thanks, will post these in a second.
    "...ask, what you can do for your country?" Stay sane!
  • Madaschi
    Madaschi Posts: 47 Forumite
    edited 10 March 2019 at 12:05PM
    Hopefully this will work:
    hxxp://i68.tinypic.com/300clld.jpg
    hxxp://i67.tinypic.com/miko3p.jpg
    hxxp://i63.tinypic.com/25s63p2.jpg
    hxxp://i68.tinypic.com/eqv0xx.jpg
    hxxp://i68.tinypic.com/2modnif.jpg
    hxxp://i66.tinypic.com/muj2t.jpg
    hxxp://i65.tinypic.com/jf9fcw.jpg
    hxxp://i64.tinypic.com/308hzmb.jpg
    hxxp://i66.tinypic.com/9k0bc8.jpg
    [IMG]hxxp://i63.tinypic.com/n2d3eh.jpg[/IMG]
    "...ask, what you can do for your country?" Stay sane!
  • Umkomaas
    Umkomaas Posts: 44,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    http://i68.tinypic.com/300clld.jpg

    That NtK is not PoFA compliant. The PoFA warning given near the foot of the NtK does not meet the requirements of Schedule 4.

    You've redacted a bit too much of the NtK for further confirmation of its (non) compliance. Can you confirm the date of the 'parking contravention' and the Issue Date shown on the NtK please.
    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
  • Madaschi
    Madaschi Posts: 47 Forumite
    Umkomaas, I am trying to limit the possibility of identification, as you never know, who might follow this forum and this thread.

    The issue date was on 17/04/18 and "parking contravention" on 06/04/18.

    If relevant, there is also missing grace period allowed at this site.

    I am reading now government Guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges and in section 2 you can read:

    2. Accredited Trade Associations
    2.1 Landholders who are members of a Government Accredited Trade
    Association (ATA) may ask the Driver and Vehicle Licensing Agency
    (DVLA) for details of the vehicle keeper. DVLA decide whether to release
    data under reasonable cause provisions. Currently the only DVLA accredited
    trade association for parking companies is the British Parking
    Association’s Approved Operator Scheme (AOS).

    Please correct me, if I am wrong, VCS is not a member of the BPA and consequently is not listed in their AOS. Can it be of any use?

    Thank you for your help.
    "...ask, what you can do for your country?" Stay sane!
  • Umkomaas
    Umkomaas Posts: 44,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The issue date was on 17/04/18 and "parking contravention" on 06/04/18.
    That's within PoFA tolerance for Keeper Liability (but my comments above re the PoFA warning still apply).
    Currently the only DVLA accredited
    trade association for parking companies is the British Parking
    Association’s Approved Operator Scheme (AOS).

    Please correct me, if I am wrong, VCS is not a member of the BPA and consequently is not listed in their AOS. Can it be of any use?
    This must be an old document, as the International Parking Community (IPC) has also been a DVLA accredited association since late 2013. VCS are members of the IPC AOS.
    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
  • Madaschi
    Madaschi Posts: 47 Forumite
    edited 10 March 2019 at 2:00PM
    Yes, you are right, Ukomaas, this document is from September 2012 and it is available on a government website without any updates since. I have just checked that in June 2014 IPC is indeed the accredited by DVLA parking association. Wrong lead, though... :)
    Umkomaas wrote: »

    That NtK is not PoFA compliant. The PoFA warning given near the foot of the NtK does not meet the requirements of Schedule 4.

    In what way?
    "...ask, what you can do for your country?" Stay sane!
  • Your NTK is slightly different to the one I received from their scumbag sister company Excel BUT definitely not POFA compliant.


    I got my Scamvoice cancelled by sending a well worded email to the Landowner AND the same to the Scammers pointing out that their NTK was NOT POFA compliant and it was a futile exercise to take me to Court!


    It did the trick and I had email confirmation from Landowner that the Scamvoice had been cancelled as a gesture of goodwill too (lucky me eh haha)
  • Madaschi
    Madaschi Posts: 47 Forumite
    edited 10 March 2019 at 2:16PM
    Your NTK is slightly different to the one I received from their scumbag sister company Excel BUT definitely not POFA compliant.


    I got my Scamvoice cancelled by sending a well worded email to the Landowner AND the same to the Scammers pointing out that their NTK was NOT POFA compliant and it was a futile exercise to take me to Court!


    It did the trick and I had email confirmation from Landowner that the Scamvoice had been cancelled as a gesture of goodwill too (lucky me eh haha)


    Thanks. Where did it happen? How did you find the landowner?
    Can you please tell more details how this NTK is not PoFA compliant?

    Thank you
    "...ask, what you can do for your country?" Stay sane!
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