VCS parking in restricted area & claim from from CCBC

Coupon-mad

car was parked on road outside of car park along with several others, who parked there on daily basis as no parking restrictions in place.

You will need photo evidence of this, in due course, so go and get photos in advance and try walking in and speaking to the onsite business to see if they can confirm how much of the land is theirs and whether VCS are meant to/authorised to issue PCNs in the road outside or not.

Ask around and try to get an email address of a person in the know, then email them to ask and hope to get a decent and helpful reply to use in later evidence.

upstanding

Still not managed to upload claim form details - but will keep trying. Coupon-m.... I have over the past few days gone back to look and have taken up-to-date photos of the road/carpark/signage (the signs that were there then have been removed) etc to compare with photo evidence I have of day in question. Actually managed to speak to a person 'patrolling' who said the area I indicated to was
"as far as he was aware not a restricted area and he could see no reason why anybody could have ever thought it might be". Onsite businesses and employees also used to park their vehicles along there, again I have photographic evidence of same and had been informed by one of them that it was entirely appropriate to park along there. In fact they they had been parking there a year before my "alleged misdemeanour" and were still parking there a year later and possibly up to two years later when double yellow lines were then put in place. I Have also contacted local Highways as unsure of classification - could it be classed as access road and would that throw a different light on things?? Road leads into business units and pay&display car park. I had also submitted a SAR to DVLA to ask what/when in regards divulenge of details - awaiting responses. Should I now proceed to submit a SAR to VCS as well asking for information regarding any data they hold and from what period of time?
Thanks to everybody for taking time to assist - much appreicated

Egbert_Nobacon

Yes - send a SAR to VCS you want to see exactly what they are holding on you.

When you know when the PCN and the NTK were issued you will see if they have conformed to POFA to hold the keeper liable.

Snakes_Belly

There was a recent win by Jussy with regard to parking in a restricted area. Also Keep Calm and Carry on is fighting a claim for parking in an allegedly restricted area. Also look out for the VCS/Excel switcheroo. (see Pranksters Blog).

Snakes_Belly

From reading the post it sounds as if you were parking on the road by a unit that its managed by VCS or Excel.

This is a very litigious company and you have to question why they are suddenly bringing these claims out of the woodwork after four years. Sounds like a try on. They took me to court within two years.

Whereabouts did the incident take place?

upstanding

Hi Snakes - thanks for advice - on looking at Keep Calm's post - that is the exact area of "restricted land" /car park that is claiming from me!! Only our car was parked on the road which you as you confirm did not have yellow lines at the time - and clearly not parked within the car park that showed blue and yellow signs of Excel.

Egbert_Nobacon

So the signs are Excel but the PCN is from VCS.

Bargepole posted very recently with a well worded quote on how VCS cannot claim on Excel signage.

Search for this sounds like a golden ticket.

Found it

It doesn't really matter who the landowner contracted with, or what information is provided in response to the SAR. It's a matter of contract (or lack of) between the PPC and the motorist. Here is the argument that should be used:

The Claim is made in the name of Vehicle Control Services Ltd. (Company No. 04298820), whereas the signage displayed at the location in question was, and is, in the name of Excel Parking Services Ltd. (Company No. 02878122), a separate legal entity. This fact can be confirmed by reference to the images contained in the Claimant’s bundle. Any contract, in a private car park, can only be formed by signage, and it is therefore submitted that if there was any contract, it would have been between Excel and the Defendant. VCS were not a party to such a contract, and therefore cannot sue on it.

MonkeyRum

... if there was any contract, it would have been between Excel and the Defendant.

Should that be the driver instead of the defendant? The defendant might not have been driving.

upstanding

Thanks Egbert - have made note. I have found the link Snakes Belly posted on 30th april of the google map on to Keep Calm (images dated Sept 18) but as a new user I am not allowed to post links - not sure if info below will suffice

google.com/maps/@52.8073189,-1.6421321,3a,75y,192.92h,77.63t/data=!3m6!1e1!3m4!1sYCZyH3p-RShzNY7RS9_1QA!2e0!7i13312!8i6656

On rotating the map towards right down Millers Lane to Derby Street - it shows a car parked on double yellow lines. Our offence was on the same strip of road but having parked further back just down a bit from where the yellow lines start. Sorry I'm unable to add my own photos having been unable to master imgur or tiny pic. The other thing I should mention at the time there was a red sign stating Private Property - No Parking at anytime standing within the cobbled area -but we had been told by business down there is was perfectly ok to park there as did everybody else, as they continued to do so for several years afterwards until lines were painted.

KeithP

Is this where you mean?...

goo.gl/maps/MWs4KyJmfM5Lfmtq7