Legalities around company car and parking fines

ginashamz

Hello,

I received a parking fine from Excel Parking Services Ltd (or operating in their other name, Vehicle Control Services Ltd).
I parked at a friend's allocated parking bar at this flat car park. They gave me the permit but I forgot to leave on display in the dashboard.

The sign at the car park is exactly the same as shown in the link below:

https://www.dailyrecord.co.uk/news/scottish-news/parking-tickets-charges-fines-what-10153900

I appealed the alleged fine and also showed them a picture of the parking permit with the allocated bay and they rejected it stating, "The signs at the car park make it clear that the land is private property and that a charge of £100 will be levied if
vehicles park outside of the Terms and Conditions displayed. The signs make it clear that a valid permit must be
clearly displayed in the vehicle parked; on this occasion the above detailed vehicle was observed parked whilst not
correctly displaying a valid permit therefore you became liable for the Charge advertised."

Now if you look at the sign (shown in link) it does not say anything about having to display the permit in the vehicle. It only says that you must understand and agree to the T&Cs of VCS ltd set out in this sign. If this ever goes to court will I win?

Secondly the car in question is a company car and VCS ltd have sent letters to my company head office. It has now been passed on to the debt collectors. I called up Excel Parking Services/VCS Ltd and told them my name and home address and that any further correspondance should be sent to me directly as the driver of the vehicle. If this ever goes to court will my company have to get involved as the lease holders of the vehicle?

waamo

If only there was a parking tickets board with a huge faq section here.

AdrianC

ginashamz wrote: »

I parked at a friend's allocated parking bar at this flat car park. They gave me the permit but I forgot to leave on display in the dashboard.

The sign at the car park is exactly the same as shown in the link below:

...
Now if you look at the sign (shown in link) it does not say anything about having to display the permit in the vehicle. It only says that you must understand and agree to the T&Cs of VCS ltd set out in this sign. If this ever goes to court will I win?

If it is exactly the same as the one shown, then the largest lettering on it says "NO PARKING AT ANYTIME"...

Secondly the car in question is a company car and VCS ltd have sent letters to my company head office. It has now been passed on to the debt collectors. I called up Excel Parking Services/VCS Ltd and told them my name and home address and that any further correspondance should be sent to me directly as the driver of the vehicle. If this ever goes to court will my company have to get involved as the lease holders of the vehicle?

No, it should be direct with you as the admitted driver now.

a.turner

Was the company car an M car?

soolin

I've moved this to the correct board and suggest OP that you have a read of the FAQ for newbies as a starter.

MonkeyRum

Please can you double check that the sign you have posted is the same. If it was a permit bay then VCS have another, very similar, sign that was mostly likely in use. The sign you have posted is typically used by VCS in places like access roads rather than car parks or parking spaces.

Edit, can you also confirm the company name on the sign and the company name on the PCN.

Umkomaas

The sign at the car park is exactly the same as shown in the link below:

https://www.dailyrecord.co.uk/news/scottish-news/parking-tickets-charges-fines-what-10153900

I notice you are quoting a Scottish newspaper. Are you based in Scotland?

The_Deep

I received a parking fine from Excel Parking Services Ltd ...

No, what you have received is an invoice for the damage they allege they suffered when, allegedly they suffered when allegedly, you breached a contract which they allege you agreed to. You need nor pay them a penny unless a judge orders you to do so.

In my opinion that is a forbidding sign, and you cannot contract to do
something which is forbidden, read these.

https://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html

https://forums.moneysavingexpert.com/discussion/comment/72110494#Comment_72110494

Nine times out of ten these tickets are scams 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

ginashamz

Umkomaas wrote: »

I notice you are quoting a Scottish newspaper. Are you based in Scotland?

No, the alledged parking occured in Birmingham city centre and the parking sign is exactly the same. Funnily enough they posted a very blurred picture of the sign as part of their evidence so you can't clearly read the writing.

MonkeyRum

ginashamz wrote: »

the parking sign is exactly the same.

Firstly, you want to take some time to read through all of the Newbies thread. It is very comprehensive and will explain what you should do and what to expect.

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

Secondly, you want to do some research into "forbidding signage". Parking companies rely on contract law for their parking charges. For a contract to be formed there must be something offered from both parties. e.g. they offer you parking and you offer them money. However, in the case of forbidding signage the parking company has offered nothing at all. There is therefore no contract and no contract means that the driver could not have breached it. No breach means no parking charge.

Thirdly, could you confirm which parking company is named on the sign and which company is named on the PCN you received. If they are different then that is another very strong defence point in your favour. If the driver had an alleged contract with VCS then Excel cannot sue over it, and vice versa.

ginashamz

I have shown a link to the actual sign onite taken by the parking officer to use as evidence against me:


https://www.dropbox.com/s/upw3z8saks82f3y/KzBSTXZTcUZoS3dZNnNVYTVDZFRoUExEa3YzdmNKa3hUNUo3cWpzK1NVNENVVzlhQ0xvVE1qbUdqdnh5MHIzc0JUZ2R2bWdQRnp0SCtmNGU3R29ZZkE9PQ%3D%3D.jpg?dl=0


I have also copied their defence below:




The Site Enforcer had reasonable belief that the above vehicle had committed the following contravention:


Contravention: 83) PARKED WITHOUT CLEARLY DISPLAYING A VALID TICKET/PERMIT.