Parking ticket from VCS and rejected appeal as keeper (not driver) - next steps?

88engine

Hi all. I've received of hearing, so have prepared my witness statement. Grateful if you could have a look over it for me. 
They've given me an email address as well as postal address to submit to, and no mention of the Judge not having access to my files, so hoping that is no longer happening. It is via BT MEET ME, so still telephone hearing by the looks of it. 

Witness statement attached.

Le_Kirk

I was due to meet a potential new client at xyz at 10:30 AM. I travelled from xyz for the meeting. 

Should that be you travelled TO xyz for the meeting?  Unless you meant you travelled from abc and you will fill those in with real places when you send it to the court/claimant?

Reviewing the signing issued to me by the Claimant months later, there is no reference to Excel Parking. 

Did you mean signage?

Fruitcake

If/when you get their WS, please post all of it for the regulars to pick over. Only redact your personal details.
Hold off sending yours for as long as possible in the hope that you get theirs first and can comment upon it, but obviously don't miss your filing deadline.

Fruitcake

Privacy notices left on the windscreen for the driver to find (aka a NTD) then obtaining keeper data before 28 days are up were banned by the DVLA a while ago. 

You have cut off the dates from the Google Street View images. Using the time slider to get before and after the event images might be of use to show the signs were present or missing on the date of the alleged event.

You have the time but not the date of the alleged event in para 2.

I can't see where you have referred to the Southampton judgment.

1505grandad

Para 8  -  "The card holds details of two companies:"  -  but there is a "x" indicator against only one  -  VCS (as posted by C-m 5.1.20)

Also in same para:-

"The sign does not make it clear and obvious to visitors who owns the land (APPENDIX b)"  -  not usual for for the owner of the land to be shown on signs but the name of the operator is.

88engine

Thanks to all for comments so far. Keep em coming if anyone has anymore. I have a couple of weeks before I need to post/submit, so got time. 
@Fruitcake That's a really interesting point about the card. The date was 26 November and my NTK is dated 28 November. Does that mean they've broken the law/regulations? In which case, I'll now need to focus quite heavily on that in my Witness Statement I guess. 

Umkomaas

Does that mean they've broken the law/regulations? 

There's no law and very few regulations for the PPC network to break!  The DVLA put a stop to the Excel/VCS shenanigans with their red card and I think that they've done similarly with the 'Privacy Notice', but why don't you check with the DVLA and ask from what date their ban applied and whether they agree that your NtK was served incorrectly?

Fruitcake

88engine said:

Thanks to all for comments so far. Keep em coming if anyone has anymore. I have a couple of weeks before I need to post/submit, so got time. 
@Fruitcake That's a really interesting point about the card. The date was 26 November and my NTK is dated 28 November. Does that mean they've broken the law/regulations? In which case, I'll now need to focus quite heavily on that in my Witness Statement I guess. 

As above, check with the DVLA in writing if this card is banned and if so since when.

Where a NTD has been issued, the PoFA 2012 says they cannot apply for keeper data until day 28 or after day 56 beginning with the day after that of the alleged event.

88engine

Thanks. I've been on to the DVLA, who have stated that as long as reasonable cause is provided the keeper information can be released at any point. I suppose VCS know this. They haven't attempted to contact the driver through an NTD etc.; they've clearly gone straight to the DVLA for keeper and then served me an NTK. DVLA don't have an issue with it, as they must've demonstrated reasonable cause. I note POFA2012 states they can only give an NTK 28 days after a notice to the driver. Is the PRIVACY NOTICE card deemed an NTD? That's the only means they've used in relation to the driver. But then haven't done anything further?

"The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period."

"The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."

^^ the above is para 8(4) and 8(5) respectively in relation to how an NTK can be given. 

Fruitcake

I suggest no matter what the DVLA might think, a card left on a vehicle for the driver to find is by definition, a Notice To Driver. I think the man on the Clapham omnibus might agree with me.

Did you point out the comments about this type of card being banned by the DVLA? Did you ask when it had been banned by them?
Did you explain that a NTD was given but the scammers applied for the keeper data before 28 days?
Reasonable cause may have been given by the scammers and accepted by the DVLA, but it doesn't alter the fact that the PoFA and KADOE requirements were breached by both the scammers and the DVLA.

Complaints should be made to the DVLA and the KADOE team about this practice, and remind the DVLA that they have banned it in the past so what action are they going to take now? You are complaining about the scammers actions and the DVLA's actions, so make that clear.

DVLA complain email addresses. 

ccrt@dvla.gov.uk and KADOEservice.support@dvla.gov.uk

Obviously this is a side issue and shouldn't interfere with your court preparations, but there is no reason why you shouldn't mention the PoFA and KADOE breaches and this type of NTD being banned by the DVLA, even if the person who replied to you doesn't understand what you were talking about.