Advice after receiving Final Demand

austin2014

Hi I'm new to this so feel free to tell me if I am doing/saying something wrong.
The keeper of the vehicle in question received a PCN issued from VCS. The keeper has appealed on the online portal on two separate occasions and once written (Both rejected. Also sent SAR.
The keeper has received Final Demand for Payment. To give you some insight..... The Driver on the day was involved in a major incident which involved public safety. The driver was made to move the car under police guidance into a private car park. The keeper of the vehicle has a statement from the police to support this. The VCS rejected this saying the signs are clear. It was literally a matter of peoples safety. The keeper tried to retrieve his car on 3 separate occasions but was unable due to police cordons. (Have call logs). When finally told by police the keeper could retrieve his car the ticket was already posted. 3 and half hours earlier (Have statement).
Currently having all the scary letters saying the keeper is being taken to court, keepers ccj's will be affected and future employment.
Also note that in the appeal it has not been stated who drove the vehicle on the day but they have quoted they have charged the keeper on the reasonable assumption.
So the keeper is waiting on the claim letter next. So any advice would mean the world as this has been worrying me sick.

Redx

as the SAR has been done there is little else to do but await a court claim from the CCBC in Northampton

it may be better to tell the story as the driver to the judge , because a first hand account of what happened backed up by evidence is probably better than hiding behind POFA

come back to this thread when the court claim form and pack arrive


the CCJ if applied will not affect the employment or the credit rating either , PROVIDING the full amount is paid promptly , usually within one month, only if you lost of course

no idea why you are scared or worrying , its a dispute about an invoice and money and the judge is the referee that decides the outcome

a typical loss is £200 or less , pay in full on your way out and get a receipt, if you lose , to get the CCJ expunged and no effect on employment

there is no prison, no culling of your pets , no stocks or madame le guillotine , no deportation to the colonies

Quentin

Everyone is asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

Go there now to get an understanding of the game you are now caught up in and how to deal with this

You are now in the wait and see/debt collectors stage

See post #4 in the FAQ for advice on how to deal with debt collectors

Ignore everything except a lbcca or court correspondence

If it comes to that then come back at that time for advice on how to defend a Court claim

If you have used your real name as your forum name then you need to get MSE to change it to something anonymous

The ppcs monitor this forum and can use posts in your thread against you in Court

austin2014

Thank you and no I haven't used my real name thank you for your advice. I will update when I get my court correspondence letter.

fisherjim

It's by no means certain that this will go to court, but they have six years to decide, ignore any debt collectors letters they are useless time wasters.


The PPC is just a nasty profiteering scumbag with only one interest, scamming money, which is quite clearly demonstrated here.


But if it went to court the story may well be seen for what it was by the judge, the driver seems to have done all they could on the day and was not parked for their own enjoyment or benefit.

The_Deep

they have quoted they have charged the keeper on the reasonable assumption.

But it is not a reasonable assumption. If they introduce Elliot v Loake in court the judge will reject it.

https://parking-prankster.blogspot.com/2017/01/skipton-judge-rubbishes-elliot-v-loake.html. Let them take you to court, they are likely to crash and burm.

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.

Umkomaas

Why not get your local (or even national) press involved. The Mail is very 'hot' on private parking cases, especially ones where there is a clear case of 'greed over reason', and I'm sure they'd love yours.

How about involving your MP with a complaint to him/her?

https://www.parliament.uk/mps-lords-and-offices/mps/

The more pressure you can exert on VCS right now, the less likely this will proceed. If it does get to court and you have copies of MP support letters and/or press articles, the more they would play in your favour.

austin2014

I can say that the keeper has been approached by a big newspaper. But It was at the very start of the whole process. So the keeper gave VCS the benefit of the doubt not knowing what would follow. The situation that led to the parking has previously had alot of coverage so you would recommend re-visiting this? Local MP been contacted managed to get an assistant, he didn't fill keeper with confidence as he was giving keeper really poor advice. Keeper hoping this will change and is expecting a call in the near future. Hopefully this one will be more constructive. Thank you everyone, means alot. In a weird way it probably should go to court because I would hope they would be made an example of!

Umkomaas

The situation that led to the parking has previously had alot of coverage so you would recommend re-visiting this?

Why wouldn't you? You'd presumably be pushing at a half open door.

In a weird way it probably should go to court because I would hope they would be made an example of!

Avoid court wherever possible - it's a lot of work over months and your chances are often little better than 50:50. No one is 'made an example of' in the small claims court, you seem to misunderstand the process. If VCS lose, it won't stop them, they'll be back in the same courtroom the next day and likely win a similar case.

MistyZ

austin2014 wrote: »

I can say that the keeper has been approached by a big newspaper. But It was at the very start of the whole process. So the keeper gave VCS the benefit of the doubt not knowing what would follow. The situation that led to the parking has previously had alot of coverage so you would recommend re-visiting this?

Considering contacting the press is daunting. Well I'd find it so anyway.

Yet after all that has happened, why should you face a court appearance if it can possibly be avoided?

Additionally, VCS's actions are utterly reprehensible. I'm beginning to imagine a scenario in which members of the public are so wary of PPCs' predatory behaviour that they refuse to follow the instructions of the police in a similar situation.

VCS are taking no account of public safety. My god, they'd try to profit from just about anything. I'm not just bad-mouthing PPCs for the sake of it, I really find this shocking.

I think you should go to the press with this one.

MistyZ

Have you heard anything about, or from, others who were also mugged that day?