Vehicle control services LBC

Maurizie

Hello, just created this account after reading through the newbie thread and I can't find a situation that's the same as mine!

I received a PCN on 11th September 2015 while parked in my space in a residential car park - unfortunately my pass had slipped down my dashboard and was obscured.

I back then followed the advice of ignore (probably wasn't a great idea in hindsight) and got the usual string of letters from BW Legal threatening to ruin my future and take all my belongings. Yesterday I received a Letter Before Claim from Vehicle Control Services.

I don't particularly want to go to court, but I also don't want to pay the extortionate £160 they want off me. I've read that it's possible to make a without prejudice offer to them to avoid court, which I'm probably going to attempt to but if that is denied and I have a reasonable chance of winning then I probably would go through with the case.

Any advise?
Thanks!

Maurizie

Bumping this, I today received a letter from another debt collect company acting on behalf of VCS for another ticket I received in May 16 on my motorcycle in the same spot (My pass had blown off in the wind and was literally on the floor next to the bike, that one really infuriated me!).


I'm I understand correctly if they want to take me to court they need to take me for both of those tickets at once? In the LBC it only mentions the original one.

Coupon-mad

I've read that it's possible to make a without prejudice offer to them to avoid court, which I'm probably going to attempt to

No chance with VCS.

See all the other VCS LBC reply (and SAR stage) threads on the forum today - I've just replied on one that's also about a 2015 PCN.

I'm I understand correctly if they want to take me to court they need to take me for both of those tickets at once? In the LBC it only mentions the original one.

The SAR will flush that out - see the NEWBIES thread post #2 about LBCs.

The_Deep

Have you read this?

https://parking-prankster.blogspot.coThe chances m/2016/11/residential-parking.html

The chances of them winning are remote, and, in some cases, dependent of the wording of the lease/AST, they may well be breaking the law by ticketing you. Read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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.

Maurizie

Thanks for the replies, I actually sent them an SAR just before I made that first post (probably should have mentioned that - sorry!).


I've just been in contact with the rental company I used back then, they're more than happy to get me in contact with the landlord over it so hopefully they can finish this before it goes any further!

Coupon-mad

That is well worth pushing - it's court otherwise! You'd have a defence though and a 99% chance to win it, by sticking around here.

I bet the permit was visible all along and they *carefully* angled their photos?

I received a PCN on 11th September 2015 while parked in my space in a residential car park - unfortunately my pass had slipped down my dashboard and was obscured.

Maurizie

Coupon-mad wrote: »

I bet the permit was visible all along and they *carefully* angled their photos?

I wouldn't be surprised! What annoys me about all this is that the car park was so badly taken care of. Not sure if it was VCS responsibility but the electric gate that was installed was broken for about 6 months and multiple times I would come back to find someone in my space with no pass meaning I had to park on the road outside. Not once did any of these cars get a ticket, just my luck.

Coupon-mad

So I hope you found bargepole's example defence about a key fob residential car park (see NEWBIES thread example defences) which will be what you need if you can't get the landowner to cancel it.

You never needed a PPC scammer at all in that sort of car park.

Maurizie

Thanks, just read through that.
I've sent them an SAR to their DPO email and also a request to stop data processing and to put the case on hold pending the SAR to their litigation email. I'm just a little confused at whether I need to actually respond to the LBC using the reply form (the one they very conveniently hide behind a long url at the end of the letter). The newbie thread doesn't seem to mention the reply form.

Coupon-mad

That's because you do not use the form!

Is the LBC from BW Legal or from VCS directly?

Someone else this afternoon is talking about how to tell VCS to put the case on hold, same stage as you. Read all the VCS ones you can find and bookmark them to follow them in future.

Maurizie

It's directly from LBC, I did actually get multiple "Letter of Claim" letters from BW Legal but that was about 3 years ago so I stopped believing them.


Just read through that thread, seems I may have jumped the gun on sending that second email after my SAR but oh well. I didn't actually mention any of this:

Whilst any debt is disputed and liability denied, I am seeking debt advice and as such, I require VCS to put the case on hold for 30 days in accordance with the PAP for Debt Claims. Once that period has passed and in addition to the SAR data, kindly provide in pre-action correspondence in the interests of avoiding court action:

(a) Photos in situ, showing the signs that VCS contend formed a contract in 2015
(b) an explanation of how VCS contend the registered keeper is liable
(c) confirmation of whether VCS are relying on the POFA in this case
(d) any evidence VCS have as to who the driver was, as this was 4 years ago.

So I guess I can keep that up my sleeve for the time being to delay it a bit more.