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VCS flora street parking.

Hi.

I have read the newbies guide, and I’m still a bit stuck.

My other half is the registered keeper of the vehicle, however, I was the driver.
VCS have escalated the fine to £160 now and the LBC has been received. (As have all of the other letters, but rightly or wrongly they have been ignored.
Everything has been done in the other halves name (as the keeper). I am willing to complain, and then defend this in court if necessary, but my partner isn’t. (Of the opinion we should just pay it).
The question is, if I identify myself as the driver, Will this cause any harm to my defence? And if not, is it okay to go this way?
They are pushing for parking in a restricted area, even though there are no yellow lines or boxes (as seen in threads previously)

Any help is greatly appreciated.

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well you need to respond to the LBC and nobody here will suggest you pay.

    VCS has added a fake £60 which is abuse of process

    The law POPLA states very clearly .....
    The claim for £60 is unenforceable in law

    VCS like to say that they do not apply POFA but that has not stopped a court spanking them

    VCS .... ABUSE OF PROCESS

    CLAIM FROM VCS IS STRUCK OUT

    Caernarfon Court
    District Judge Jones-Evans
    Case number FTQZ4W28
    4TH SEPTEMBER 2019

    https://www.dropbox.com/s/gexc6psfmi8y6d8/VCS%20Claim%20Struck%20Out%20-%20Abuse%20of%20Process.jpg?dl=0&m=

    READ THE ABUSE OF PROCESS THREAD
    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

    Now you have a lot to work on
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    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, many of whom are former clampers, 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
    You never know how far you can go until you go too far.
  • RobinofLoxley
    RobinofLoxley Posts: 297 Forumite
    Eighth Anniversary 100 Posts
    edited 12 September 2019 at 9:30PM
    As you will probably seen, another poster has just won in court v VCS for this same car park and scam re the area which is not marked at all. Others have also had similar claims dismissed in court.

    https://forums.moneysavingexpert.com/discussion/5975936/vcs-at-flora-street-sheffield

    I presume VCS don't mention POFA in the NTK, which means they cannot transfer the liability for the charge from the driver to the keeper. This makes things much harder for them, though they will carry on regardless, either with their silly attempts to apply 'law of agency' or insisting the keeper will probably have been driving.

    Of course your wife can give VCS the drivers details so they can then pursue the driver, though it isn't a legal obligation to do so. Others who know more than me may correct me on this but I assume until VCS actually issue a claim in the name of your wife they can be informed who the driver was.

    As Beamerguy said, the Letter before claim definitely needs responding to.
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