VCS parking fine

Penguin1234

Received some dodgy letters from these VCS regarding an "outstanding balance of £160".

Unfortunately i was away during the time they sent their first letter (option to pay reduced fine of £50 instead of £100). 

So now by the time I've come back, I've seen opened both letters together, with the second stating that i have an outstanding balance of £160 , with debt collection costs of £60 being added.

They have also written in big bold red writing "the company intends to take you to court in relation to this debt"

Not sure how to approach it as I missed the initial window to appeal as i was away when i received the first letter?

thanks in advance

Redx

Chances are that VCS will issue a court claim pack from the CCBC in Northampton for all outstanding PCNs , plus Court and legal fees , regardless

You can follow the LBC stage advice in the newbies FAQ sticky thread near the top of the forum in announcements , then await a court claim in due course

The ideal solution is plan A , as landowner cancellation , it always is , ALWAYS !!

The court claim is probably inevitable before the end of this year !!

Ps , VCS lawyers read this forum , you have been warned !!!

You being away is your problem , not their problem

Penguin1234

Redx said:

Chances are that VCS will issue a court claim pack from the CCBC in Northampton for all outstanding PCNs , plus Court and legal fees , regardless

You can follow the LBC stage advice in the newbies FAQ sticky thread near the top of the forum in announcements , then await a court claim in due course

The ideal solution is plan A , as landowner cancellation , it always is , ALWAYS !!

The court claim is probably inevitable before the end of this year !!

Ps , VCS lawyers read this forum , you have been warned !!!

You being away is your problem , not their problem

hi, thanks for the swift email.

I have contacted land owner, and am awaiting a phone call from their manager after i explained the situation regarding their extortionate fine and aggressive letter.

Out of interest, you say VCC will issue a court claim pack plus their court and legal fees. Theoretically what is the maximum i could be asked to pay? Of Course me being away is my fault and as a result meant i missed their appeal window. Is there any point reasoning with them directly and offering to pay the reduced £50 fine?

Regarding VCS lawyers reading this forum, anything worth omitting? (aside from obviously identifiable information)

But yes agreed, have gone for Plan A and will see if that's successful.

Redx

They are unlikely to accept such a small figure when the original PCN was for £100 !! The discounted figure expired months ago !

It is not a fine , it's an invoice for £100 , £100 has been the usual charge for a decade and won't change until next year , which won't help with your case anyway

It's VCS , not VCC !! Lol

A typical loss in court is £200 or less for one PCN , the original £100 invoice plus legal and court claim fees

D_P_Dance

It is not a fine, pklease read the newbies and complain to your MP.  

Why offer them anything when they have added an nlawful £60 to the invoice?  Read this

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Some claims  have been thrown out because of this.  

Penguin1234

Redx said:

They are unlikely to accept such a small figure when the original PCN was for £100 !! The discounted figure expired months ago !

It is not a fine , it's an invoice for £100 , £100 has been the usual charge for a decade and won't change until next year , which won't help with your case anyway

It's VCS , not VCC !! Lol

A typical loss in court is £200 or less for one PCN , the original £100 invoice plus legal and court claim fees

alright so wait it out till they send a court claim pack?

or ring VCS directly and attempt to pay £100?

I assume you will suggest the former!!

And apoligies, didnt mean to use the term "fine"

D_P_Dance

I assume you will suggest the former!!

Is the Pope a Catholic?

Penguin1234

Penguin1234 said:

Redx said:

They are unlikely to accept such a small figure when the original PCN was for £100 !! The discounted figure expired months ago !

It is not a fine , it's an invoice for £100 , £100 has been the usual charge for a decade and won't change until next year , which won't help with your case anyway

It's VCS , not VCC !! Lol

A typical loss in court is £200 or less for one PCN , the original £100 invoice plus legal and court claim fees

alright so wait it out till they send a court claim pack?

or ring VCS directly and attempt to pay £100?

I assume you will suggest the former!!

And apoligies, didnt mean to use the term "fine"

Great

Will definitely write to my local MP. Assuming there is probably a template for this.

And yes was considering actually paying until they added the ridiculous £60 debt collectors fee.

Is going to court and purely arguing the unlawful £60 alone worth a case?

thanks

D_P_Dance

Will definitely write to my local MP. Assuming there is probably a template for this.

No,  but there is google.

https://www.google.com/search?q=guide+to+complaining&oq=guide+to+complaining&aqs=chrome..69i57j33i160.8408j0j15&sourceid=chrome&ie=UTF-8

Fruitcake

There is nothing stopping you from making a late appeal. The unregulated parking industry has made up its own rules so no doubt VCS will say it is too late to appeal.
However, they have likely used ANPR scameras that are not fit for purpose, which is why the UK Government has prohibited their use in council and local authority car parks.

Had they issued a NTD, the driver would have found it on the car, and an appeal would have been made. It is the PPCs unreasonable use of unfit ANPR that has resulted in you missing the appeal window.

There are no templates for letters of complaint, and they would be ineffective if there were. Every case should result in a bespoke complaint. You should state that the PCN is unfair, dodgy ANPR systems were used as per the paragraph I have highlighted, the new parking bill was introduced two years ago to curb the excesses of this unregulated industry, but the supporting mandatory code of practice is still being debated. 
What your MP does about this will determine how you and your family vote in future elections.

Penguin1234

Fruitcake said:

There is nothing stopping you from making a late appeal. The unregulated parking industry has made up its own rules so no doubt VCS will say it is too late to appeal.
However, they have likely used ANPR scameras that are not fit for purpose, which is why the UK Government has prohibited their use in council and local authority car parks.

Had they issued a NTD, the driver would have found it on the car, and an appeal would have been made. It is the PPCs unreasonable use of unfit ANPR that has resulted in you missing the appeal window.

There are no templates for letters of complaint, and they would be ineffective if there were. Every case should result in a bespoke complaint. You should state that the PCN is unfair, dodgy ANPR systems were used as per the paragraph I have highlighted, the new parking bill was introduced two years ago to curb the excesses of this unregulated industry, but the supporting mandatory code of practice is still being debated. 
What your MP does about this will determine how you and your family vote in future elections.

regarding the late appeal, who would this be made to ? VCS?

If so would i argue the points you mentioned ""You should state that the PCN is unfair, dodgy ANPR systems were used as per the paragraph I have highlighted, the new parking bill was introduced two years ago to curb the excesses of this unregulated industry, but the supporting mandatory code of practice is still being debated""?

Sorry if these questions come across a bit silly. I have been through the newbies thread and am still slightly confused as i feel i missed that initial window of opportunity to appeal due to being away. 

Unfortunately the land owners were not too helpful and did not assist in cancelling the fee. they mentioned that their own staff members had been fined aswell.