Received a Letter Before Claim from Vehicle Control Services - help

Chucky1234

Hi all,

The keeper of a vehicle has received a letter before claim from Vehicle Control Services in relation to a parking offence from November 2017.

The situation is this; the driver parked at a park and ride at a local train station. The driver parked outside of a bay as there were no spaces available, and there were other cars also parked outside of a bay.

To date, the keeper has ignored every letter received from both Vehicle Control Services and other debt enforcement companies. The keeper hasn’t done anything so far.

Now the keeper has received a letter before claim he realises there is a strong chance of them taking it to court.

The keeper has read the newbies thread post 2 and knows that he needs to place a SAR with the company. It also advised to start a new thread.

The keeper thinks he should also complain to the land owner. I don't know what to complain about though? The driver did park outside the bay, and there is a small sign advising of the rules of the car park. There is tiny small print on the bottom of the sign saying failing to adhere to the rules mean the driver agree to pay £100.

I really need some help and I am grateful for all help received.

Redx

firstly , remove any idea of who did what by editing your post above

what happened on the day happened to the DRIVER

what has happened SINCE that day happened to the KEEPER

only use those 2 words , no "MY , ME , MYSELF & I"

if this was a train station car park, then the TOC will lease it and railway land is not relevant under POFA so the keeper is not liable, nor would they be if VCS did not follow POFA

and anything covered by bylaws "times out" after 6 months , so check if bylaws apply on that site, or is it a private car park ?

get pictures of signs too

email the SAR to the DPO at VCS to get all their DATA and copies of the NTK etc

any signs on site apply to the driver, not necessarily a keeper, so hopefully you have not revealed who the driver was, hence why you edit your post above here and learn to speak in ambiguity as a third party

D_P_Dance

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Chucky1234

Thanks both, so to clarify, the keeper should do this...

1: Send a SAR to the PPC
2: Send a letter to my MP and the land owner, stating the keeper has no knowledge of the contract and that the keeper doesn't remember parking there nor entering a contact.

At what stage should the keeper mention that the keeper hasn't entered into a contract with them and they should instead be speaking to the driver? (which they would then have to prove...)

Coupon-mad

If the landowner is Centro, ask them if VCS are operating under the byelaws or on what basis at this site.

Don't mention putting VCS to proof who was driving at this stage.

Chucky1234

I have just seen an email to Centro asking if VCS are operating under the railway byelaws or on what basis.

I have also sent an SAR to VCS, via email.

I have also contacted VCS by the 'contact us' form, advising them of the SAR request and I request a restriction of my data during this time, and for the case to be put on hold.

I will write to my local MP tomorrow complaining about the harassment etc.

Is it just a case of waiting now? Is there anything else somebody would recommend I do?

Coupon-mad

That's all you can do, except I would Google search for Centro VCS parking and see what you can find on forums (here and pepipoo) as I recall one where quite a lot of info was attached and the person ended up settling it, without going to a hearing.

Good if you read other forum posts about Centro/VCS cases, as it will highlight the issues.

Chucky1234

Hi all, to update this... I have followed all the advice given to me on here.

The only thing to update is the SAR element. I sent a SAR to Vehicle Control Services Ltd on 24th March, and I received a response yesterday on the 25th April, so just over a month.

In my SAR, I said this
"I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO)."

This is a day over a month, is there any action I should take in relation to this?

The SAR contained a PDF attachment with all correspondence they have sent to me, and a sheet with my personal details on. In the body of the email, this is what they said;

Dear ........
With reference to your request for a copy of your personal data held on our system in-line with GDPR legislation; please find attached a copy of the information held.

Photographic evidence and data is held on file in accordance with the Data Protection Act 2018 and is used for the sole purpose of pursuing settlement of a Parking Charge. We comply with the requirements of the Data Protection Act 2018 and the General Data Protection Regulations to uphold your rights to Privacy. Our Privacy Notice gives clear reasons for why, from where, and how we obtain and use your Personal Data, under what circumstances we may retain and share your data with third parties and for how long that data may be retained.

Please refer to: http://www.vehiclecontrolservices.co.uk and follow the links for our Privacy Notices in respect of any questions you may have and your rights in respect of your data.

The information sent is contained in a PDF document and/or zip file. It is your responsibility to ensure that you are able to both receive and open the files and to check your spam/junk folders at regular intervals, in case the attachment(s) has been filtered out by your mail server.

Yours Sincerely



Data Protection Team


Is there anything else I should do at this stage? Anything they have missed in their SAR that I should request?

Appreciate everyones help.

Coupon-mad

This is a day over a month, is there any action I should take in relation to this?

No. They'd blame the Bank Holidays this weekend and the ICO won't turn a hair.

The situation is this; the driver parked at a park and ride at a local train station.

Have VCS shown all the photos taken as far as you know?

Not much to do now except to await a court claim and prepare well, with research. Don;t wait till you are stressed by seeing a Claim form!

Read up on why most railway car parks are not 'relevant land' under the POFA due to railway byelaws applying (see the Centro threads on here and on pepipoo forum).

Chucky1234

Today I have received a claim form.

I have followed advice on here and have been reading up, however, I feel a bit overwhelmed.

On my claim form, I take it I have to defend my claim in full and then write my defence in the defence box? I guess my defence is that railway byelaws apply on that land as it is on a train station, and as I don't know who the driver is, they are not allowed to come after the registered keeper?

I sent an email to the landowner over a month back asking if railway byelaws apply on that site, and they didn't respond. How else would I check if railway byelaws apply? It was the Sandwell and Dudley Park and Ride car park if that helps anyone?

Advice on my next steps would be greatly appreciated.

KeithP

Chucky1234 wrote: »

Today I have received a claim form.

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?