Advice for resident receiving unfair fines??

user1379

Hey there, I am a student residing in Dundee and this seems to be the only place where I can find advice.
After reading the newbies thread I am a bit confused, and need someone’s opinion on what to do.
I moved into my flat in July of 2019, and received a permit from my landlord for the car park which is located on the property my block of flats is on.
This permit is a small flimsy piece of paper, which did not have my vehicle registration on, and was just generic.
About two weeks after moving into the property I received 4 notice to keepers through the post to my home address, stating everything that I had been fined. The company is Vehicle Control Services. The times for them were as following:
1) 8/7/19 17.30
2) 9/7/19 06.50
3) 9/7/19 15.43
4) 10/7/19 10.20

Each of these tickets were the cost of £100, or £60 if paid in the first two weeks - totalling to £240 or £400. In every instance no notice was left on my car for me to rectify my mistake - I only found out a couple of weeks later in the post. Is it fair that they have all been given in such a short period of time, without me even knowing I had received one?
I appealed the first ticket, sending the company proof of my permit and address. The signs in the car park do state that if a permit holder fails to display their permit they agree to pay the charges - however I feel that these charges are unreasonable as they are not at a loss as I am genuinely authorised to park there, there was just a problem with my permit staying in my dashboard which has now been resolved.

The company completely rejected my appeal basically saying these are the rules, you have broken them so you now must pay. They offered a link on this email to appeal through the Independent Appeals Service, but the vibe I got from them from reading threads was that they are just as bad and unreasonable.

My next step was contacting my landlord, as the car park is on the same land as my flat. Originally I had been promised a resolution and also a plastic holder to put my permit in. With a week going by of hearing nothing I got into contact with them again, to the disappointment of them going back on their word saying it is outwits their control.

From the start of this process I have repeatedly tried to call the VCS but the number th! provide just rings out and no one seems to pick up.

I am now in the positon where I am just going to ignore any more letters that come through from them in the post. However, I am extremely worried they proceed with a court action. I would have been willing to compromise with them and pay one ticket but no one is replying to my correspondence.

If anyone could advise me on what I should do now, if you think a court proceeding is likely and what effects this would have on my studies and employment? Should I contact my local council to seek help from them even though it is not them distributing the tickets?
Any help would be greatly appreciated and hopefully put my mind to rest.
Thank you!!! )
User1379

The_Deep

Most of these "own space" claims will fail in court as the lease/AST already give the right to park, no permission is required from a third part scammer. This is known as primacy of contract, read this

https://parking-prankster.blogspot.com/

It all depends on the wording of your lease/AST.

Nine times out of ten these tickets are scams so consider complaining 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.

user1379

Thanks so much!

What do you think the possibility of them taking me to court is?

oldernonethewiser

user1379 wrote: »

Thanks so much!

What do you think the possibility of them taking me to court is?

Slim.


And you have not had any fines at all.

Umkomaas

user1379 wrote: »

Thanks so much!

What do you think the possibility of them taking me to court is?

The more tickets you rack up, the greater the prospect. At the moment, with 4 tickets (although 2 appear to be for the same day), the chances are small.

VCS were the PPC involved in the now infamous Carly Mackie case, also in Dundee and involving a residential parking issue.

beamerguy

oldernonethewiser wrote: »

Slim.


And you have not had any fines at all.

Your user name says it all ?

VCS do take people to court often. Does not mean they win though

oldernonethewiser

beamerguy wrote: »

Your user name says it all ?

VCS do take people to court often. Does not mean they win though

Where did I say they don't?


I said the chances were slim, not impossible.

user1379

The Carly Mackie case was multiple tickets up to the amount of £24.5K.
Im wondering if they would bother for the amount of £400? And if they would even hold up in court as they have unfairly gave me so many in a short space of time without putting a notice on my car to let me rectify my mistake. (I’m assuming this is so they can rack as many tickets from people as possible).
I now have a plastic holder to ensure I will never get another ticket.
I have read over my lease and unfortunately there is nothing stating I am authorised to park in that carpark

The_Deep

they have unfairly gave me so many in a short space of time without putting a notice on my car to let me rectify my mistake.

What mistake is that?

Do you or do you not have primacy of contract vis a vis your AST?
It really is that simple.

user1379

Do you or do you not have primacy of contract vis a vis your AST?
It really is that simple.

I have read over my lease and unfortunately there is no clauses relating to parking at all.
The mistake would be that the permit was not displayed correctly ( even though it was not my fault it had fell off)
I have emailed my local MP all of the details hopefully I’ll get somewhere with him.

Umkomaas

Having nothing in your lease relating to parking, doesn't mean that another party can attach prohibitive clauses to over-ride.

Others are better placed than me to advise on residential issues.