VCS Claim

sogu

Hi,

I got a ticket on my windscreen in June from VCS, I received a NTK 1 week later.
I ignored it, thinking they would just give up. But, I received the court letter a few months back. Thanks to all of you, I have been able to submit my defence and I am now at the questionnaire stage.

I am still waiting for VCS to get back to me for the SAR.
For the questionnaire, there is no address for VCS on the court letter. Is there a specific address for VCS?

Sorry if this has been answered elsewhere.

Coupon-mad

There is always an address top left, below your name and address.

KeithP

The Claimant's address is on your County Court Claim Form.

sogu

Oh, the original claim form. Yeah, I've found it, thanks!

Coupon-mad

Did VCS issue the claim and not a solicitor, and did they add £60 to the £100 PCN?

The_Deep

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

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]

Fruitcake

The advice to ignore has not been given here since the law changed in 2012.

Was the ticket on the windscreen a card saying something like, This is not a parking charge?

The DVLA no longer allow this as a "friendly warning" that a PCN is on it's way which means the scammers have applied for the keeper's details too early for keeper liability to apply because it fails the strict requirements of the PoFA 2012.

Have you revealed the driver's identity to the scammers at any point by making a driver appeal or saying I parked or I drove?
If the driver's identity has not been revealed then you should edit your post accordingly and only ever refer to The Driver and The Keeper, who are two different people.

You should get pics of the site and signage as soon as possible. Take particular notice of any signs bearing the name Excel Parking who are owned by VCS but are actually separate companies according to Companies House.

When you get to the evidence stage you need to carefully scrutinise the alleged parking contract. I hope you included No Standing (No Valid Contract) to issue charges/start court proceedings in their own name as one of your defence points.

Anything you miss at the defence stage needs to go into your Witness Statement.

sogu

Yes, it was VCS who issued the claim. They added the extra £60 pounds out of thin air, so their claim amount is £185. (£25 court charges)

sogu

Hi fruitcake,
I got a red card on my windscreen stating "this is not a parking charge". In hindsight, ignoring it wasn't the right thing to do.

I haven't had any communication with VCS, other than requesting SAR. I haven't informed them who was driving. Post edited - thanks!

Interestingly, I believe the original red card was from excel but unfortunately I don't have that anymore.
I argued that it isn't clear who the contract was with as there are many companies operating there.
Is it correct that they have no right to issue proceedings? They sent me the original NTK.
Should I include the breaking of the pofa rules in the witness statement? I missed that in my defense.

I appreciate all the help!

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Fruitcake

sogu wrote: »

Hi fruitcake,
I got a red card on my windscreen stating "this is not a parking charge". In hindsight, ignoring it wasn't the right thing to do.

I haven't had any communication with VCS, other than requesting SAR. I haven't informed them who was driving. Post edited - thanks!

Interestingly, I believe the original red card was from excel but unfortunately I don't have that anymore.
I argued that it isn't clear who the contract was with as there are many companies operating there.
Is it correct that they have no right to issue proceedings? They sent me the original NTK.
Should I include the breaking of the pofa rules in the witness statement? I missed that in my defense.

I appreciate all the help!

If the windscreen card was from Excel, then say so in your WS. If it had the vehicle VRN on it then a copy of it should be sent to you in response to your SAR.

You should always claim the scammers do not have any standing to issue charges in their own name and put them to proof that the contrary is true.

They should provide a copy of their contract with the landowner. Without it they have no proof they have standing.
If you didn't raise it at the defence stage you need to put it in your WS.
You have done research since then and discovered VCS do not always have a contract with the landowner. In one case the contract was between VCS and Excel. In other words, a contract with themselves.

If they don't show the contract at the evidence stage you need to mention it in court, and the only way to do this if it wasn't in your defence is via the WS.
If you do get it, show it here.

It would help if you could also show us your (redacted) defence.