Parking Charge Notice - Vehicle Control Services Ltd

sc-uk

Hi all,

I received my PCN 20/02/20, I just need some advice as to my likelihood of a successful outcome as now their legal team (ELMS Legal) have written to me to begin legal proceedings.

This is what I have done to date:

20/02/20 PCN received.

25/02/20 - Appeal notice sent, my appeal was on the grounds of 'insufficient signage' and the 'charge being disproportionate and not a genuine pre-estimate of loss', which was found from a template on this website.

03/04/20 DEMAND FOR PAYMENT received, ignored.

20/04/20 FINAL DEMAND received, ignored.

01/05/20 LETTER BEFORE CLAIM received, ignored.

16/12/20 ELMS Legal, Letter before Claim received.

16/12/20 I e-mailed ELMS Legal stating the claim must be put on hold under the PAP for debt claims. They acknowledged and put the claim on hold until 22/01/21.

20/12/20 SAR sent to VCSL

26/01/21 SAR information received from VCSL

04/03/21 Claim Form received

06/03/21 Acknowledgement Of Service (AOS) submitted on MoneyClaim

30/03/21 Defence submitted by e-mail

26/07/21 Letter sent to VCSL enquiring as to what legal authority the £60 was added to the original balance

So I think I have followed protocol, my question is what now? If I am needed to put any of the correspondence up here please let me know. All of your help will be gratefully appreciated - thanks.

Fruitcake

Not a Genuine Pre-Estimate of loss went out in 2015 with the infamous Beavis case.

Whatever you found as an appeal template has not been used on here since then.

You need to go through the NEWBIES and learn all about what to do next. 

What happened when you complained to the landowner?

Was the NTK PoFA compliant, and if so, did you blab about the driver's identity in your appeal?

Ignoring a LBC was a bad idea.

You need to read the second post of the NEWBIES that has a step by step guide to court written by bargepole. 

Redx

There is no person on the planet who can guarantee a successful outcome , it's a lottery , with unlikely winners and hopeful losers , plus everything in between

As mentioned above it's all in the newbies FAQ sticky thread , including the appeal template in blue text which was there long before your PCN date , as mentioned above the Beavis case killed off not a genuine pre estimate of loss , at the Supreme court

beamerguy

Elms is not the smartest page in the book, big mates with Renshaw-smith the boss of VCS
One of their reps was last seen screaming down the phone as she walked out of court as a loser
And this is what Elms get up to in their spare time   Excel is a sister company to VCS

EXCEL with the help of Elms Legal got spanked for 3 failures
Caspar7 was in Nottingham CC today in front of Judge Lam.    IT' WAS A WIN
Again EXCEL added the fake £60 and again Judge Lam said it was unlawful
A 3 POINT FAILURE BY EXCEL and the spanking included the fake £60
READ THE FULL STORY HERE
https://forums.moneysavingexpert.com/discussion/5995545/county-court-claim-form-from-excel-parking-services/p12

sc-uk

Fruitcake said:

Not a Genuine Pre-Estimate of loss went out in 2015 with the infamous Beavis case.

Whatever you found as an appeal template has not been used on here since then.

You need to go through the NEWBIES and learn all about what to do next. 

What happened when you complained to the landowner?

Was the NTK PoFA compliant, and if so, did you blab about the driver's identity in your appeal?

Ignoring a LBC was a bad idea.

You need to read the second post of the NEWBIES that has a step by step guide to court written by bargepole. 

Ok thanks, maybe not looking so good for my case then.

By landowner, you mean the legal landowner rather than tenants? The retail park in question is pretty much unoccupied such is the British high street these days, there is one unit occupied, a Theater, I did contact them last week but they said they would not be able to help me.

Yes in my appeal I did mention that I decline their invitation to name the driver.

Thanks I will check the post by bargepole.

Umkomaas

The retail park in question is pretty much unoccupied such is the British high street these days, there is one unit occupied, a Theater, I did contact them last week but they said they would not be able to help me.

Do some further investigation, look possibly for a managing agent. Here are some ideas for you ....

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for £3 they will provide definitive detail. 

Time for a bit of Sherlock!

Redx

Then try the retail park management first , and then the owner , even if it's British land , or a pension company etc

Sometimes Savills manage the tenancies , so they could have told you those details

It's probably come up before , but you haven't told us the location

You need to be more of a Poirot not a Clouseau !!  😋

KeithP

What is the name of this car park?
Where exactly is it?
Has it been mentioned before on this forum?

sc-uk

Umkomaas said:

The retail park in question is pretty much unoccupied such is the British high street these days, there is one unit occupied, a Theater, I did contact them last week but they said they would not be able to help me.

Do some further investigation, look possibly for a managing agent. Here are some ideas for you ....

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for £3 they will provide definitive detail. 

Time for a bit of Sherlock!

Thanks, I will go straight to Land Registry tonight, it's only £3, and try to see if they can cancel it.

sc-uk

KeithP said:

What is the name of this car park?
Where exactly is it?
Has it been mentioned before on this forum?

It looks like it may have been mentioned before:

St. Mary's Gate Retail Park, Sheffield, S1 4QZ

Coupon-mad

We see wins in 99% of cases and certainly that's the stat for cases against VCS.  Their evidence is basic and their signs cluttered.

Nothing to risk, may as well defend when the claim arrives, if the managing agents of that retail park refuse to cancel it.  Land Reg won't show you the Managing Agents and it's them you want.  A Google search should find them.  Usually it's Savills or Jones Lang LeSalle at large retail parks but you can find an email from any adverts about the commercial units.