VCS Parking fines but different situation to most.

JCN8

Hi all,
I have been reading over the newbie thread and over other posts the past couple of weeks.Im at the stage now where I’m getting debt collectors letters from zenith.I know the newbie thread says not to panic or reply yet which I have no intention of doing but my situation seems different to others so I thought I would get some opinions now in preparation for CCJ letters.
I live in a private apartment block which requires entry through a security barrier so technically only residents should be able to enter.There is a shortage of spaces compared to apartments.For years people,including me,parked on double yellow lines within the development on an access road.UKPCS used to issue tickets.Everyone ignored them and eventually they stopped ticketing.There was a period of 12months with no tickets being issued.In the last 2/3 months VCS have come on the scene.They seem more determined calling twice a day and residents have gotten scared.I now have maybe 20 tickets from VCS that says I have been ticketed for parking outside marked bays.I wonder have I any recourse because I technically was on a double yellow line.However contractors are allowed park on the access road so that seems contradictory.Any advice is greatly appreciated

The_Deep

Read this

https://arking-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about parking?

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

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[/FONT]

Umkomaas

The only ‘different situation to most’ you have is that you have received 20 tickets and VCS will undoubtedly issue court proceedings for at least £2,000 (20 x £100).

The key to this will be your AST/lease/deeds details (are you a tenant, leaseholder or freeholder?) and the length of time you’ve been resident there. VCS can’t just come along, erect signs, and over-ride residents’ legal rights.

But you’re going to need to fight this - so check out your legal documents.

JCN8

The link for residential parking information leads to a page that doesn’t exist.I am currently renting my apartment off of a family friend so it’s just an agreement between friends.I don’t actually have a lease.I have been here for 5 years.Signs have been up since I moved in but the ticketing had already being in operation when I moved in.Neighbours said everyone just ignored them.Eventually UKPCS stopped coming but as I said VCS have started ticketing here in the last couple of months.I just worry because I was actually on the double yellow but some of the photos don’t prove it while others show that I am obviously in the wrong.A letter was sent to the apartment stating that VCS would be operating here but it was sent in the previous tenants name so I wasn’t made aware of this letter until last week and I was also out of the country for the whole of August where the car was left on a double yellow!

Ralph-y

"I don’t actually have a lease."


so what does the lease holders lease say ?


Ralph:cool:

JCN8

Without sounding like I’m uninterested I don’t know what his lease says.Im sure though it would say not to park outside marked bays.

Umkomaas

JCN8 wrote: »

Without sounding like I’m uninterested I don’t know what his lease says.Im sure though it would say not to park outside marked bays.

I think with 2 grand hanging over you I’d be doing everything possible to build up your defence possibilities.

Knowing the details of that lease is one of your primary defences.

Have VCS replaced the original signs with their own? Do you have photos (timed and dated) of your own of the signage, its positioning and layout? If not, you know what you need to do.

You say you’ve been resident for 5 years, so when did VCS start their involvement there?

The previous PPC has 6 years in which to pursue any outstanding tickets, and it’s not unusual for PPCs who have lost a contract to pile in with revenge action by reactivating semi-dormant claims. Just so you know.

Le_Kirk

Speak to other residents and ask them: -
1. Can you have a look at their lease please?
2. Were they consulted before either of the PPCs took over and
3. Did over 75% of them agree (and not more than 10% disagree) to have the PPCs infect the site.

JCN8

I’ve had a walk around the site and all the old UKPCS signs seem to have been replaced with new VCS signs although we were given no warning or information that this was going to happen.It must have been done while most were out at work during the day.I have no pictures of the previous signs or any info regarding when they were replaced with the new ones.VCS have started there involvement around July or August of this year.No residents were consulted before VCS started operating.Letters were sent to the tenants by the management company informing them that VCS would be taking over operations but there was no consultation.However as our letter arrived in the previous tenants name I was unaware of the letter until last week.

JCN8

I’m going to get the information with regards to the lease as soon as possible.Im just waiting for him to get back to me.With regards to the signage you can see on the walls were the old signs have been taking down and not replaced with anything as there is old fixings.Then you can also see in other places where the old signs have been taken down and the new signs that have been erected cover the old fixings

JCN8

Reply from my landlord...”Unfortunately because the flat is in XXXX name the deeds and lease copy are held by the solicitors in her name..I have looked on the land registry and it only gives title to the flat and a parking space with no mention to who manages it..I will try and contact the management company”