Jake Burgess - VCS - Permit - Residence

AMFox

HI All, thank you for the messages - Does anyone have any comments/amendments on the defence please?

I have been to the car park of the alleged offence and there is no longer a parking restriction. There are no signs anymore, so I am still in the dark as to what they have said.

beamerguy

You did not answer my question

Did VCS add on a fake £60 ????

Coupon-mad

M XXXXXX XXXXX, residing at xxxxxxxxxxxxxxxxxxxxxxx

You don't need the above in a defence, as your name is in the headings.

You should remove any repetition (I saw several points about signage and more than one challenging landowner authority, so prune them out if duplicated).

Then remove your existing mention of their fake costs and replace the ending with the words I wrote for all defences (except ParkingEye) in Beamerguy's Abuse of Process thread.

AMFox

Hi all,

Just to let you know it is all signed and sent. Thanks for your help thus far.

Can anyone point me to the process in relation to the SAR? We still have not heard anything back from them. It hasn't been the 40 days yet, but I was to get prepared for if they do not respond.

Thanks

Redx

It's 30 days for a SAR, not 40

Past the 30 days you email the DPO at VCS and remind them of your SAR by repeating it, giving them a further 7 days to reply and tell them that you will report them to the ICO about the breach of the GDPR if they fail

AMFox

The SAR came through and the 2 points that have come out of it are that the images are very dark and the only thing you can see is the numberplate. The 2nd issue is the Notice to keeper. How many days do the have you send this out? My understanding was 28 days? This one was sent significantly later than that.
If they have sent the NTK late what is my next step?
Thanks

Redx

ANPR pictures are typically dark to make the number plate stand out and the time stamps etc

you are looking for any discrepancies like if they are doctored , if they show the in and out correctly etc, or are they a fair representation of the vehicle going in and out at the correct times ?

POFA dictates when an NTK should be sent out, with 2 options , I am surprised you have not researched this law as regards timings

the timings are

within 14 days if ANPR cameras or handheld cameras are used and no windscreen ticket is issued , so arrival by day 15

or between day 29 and day 56 if a windscreen ticket to the driver is issued on the day of the incident

plus POFA also mentions a warning to the keeper, plus other wordings as well, so you compare your NTK to ones that are pofa compliant like most Parking Eye ones and check the arrival as well, to see if they adhered to POFA or not


VCS did not adhere to POFA in 2015 and may not do so even now, they may even say that they are NOT relying on POFA, it isnt mandatory to follow POFA (it should be , but isnt)


I thought your next step was finishing your defence and emailing it ? (seemed obvious to me)

AMFox

Hi All,

Apologies, the last message was sent briefly from work - I had got myself confused.

I have already submitted the initial defence as it needed to be in prior to receiving the SAR.

I have now had time to look over the SAR with the following questions:

There are 2 POFA breaches within the NTK HOWEVER, on their management case system screenshots they state ARE THE PCN'S POFA COMPLIANT - NONPOFA

How would that impact on the case?
Also and this is the main point - the actual PCN was issued in the wrong city?

Given the SAR came after the initial defence - How can I use this?

Also, am I allowed to contact VCS directly or does everything need to go through the court?

Thanks

AMFox

The court have not added the defence to the MCOL site. How can I chase it? I have sent another email, but is there another way?
Thanks

KeithP

AMFox wrote: »

The court have not added the defence to the MCOL site. How can I chase it? I have sent another email, but is there another way?
Thanks

The CCBC's phone number is on your Claim Form.