VCS PCN, for parking in my own bay!

JP1990 · 22 December 2021 at 12:44PM

Hi all,

I have joined here as I'm looking for some assistance. I have read the newbies thread and scanned a number of posts but I am a little unsure how to proceed

I received a PCN NTK in the post 2 days ago, from VCS. Issue date was 15/12/21

Contravention reason: Parking without displaying a valid ticket/permit

Turns out there was one day where I parked in my allotted bay, but wasn't displaying my permit. Must have fallen off the dashboard, despite being displayed every other day of the year. I am renting the apartment, which comes with a permit for that bay.

Ref number takes me to a website showing pictures of my car in my bay without the permit showing. They also photograph the Terms and Conditions sign

In the photos there is a PRIVACY NOTICE 'parking ticket' under the windscreen wiper. However I never saw this ticket in real life!

(Interestingly they have blacked out some of the number plates visible in the background of the photos but not others..)

I feel the generic template in the newbies thread isn't valid in these circumstances. I am wondering how to proceed in the first instance

I have absolutely no intention of paying a PCN to park in my own bay. I am going to email my letting agent as I think they also manage the car park, though there is a separate management company involved in running the building, to try and get this PCN cancelled.

I am wondering if I should also register an appeal/complaint on the website with VCS (use myparking charge. co. uk) at this stage? The deadline for this appeal, to retain discounted payment, is 29/12.

My main worry is that in contacting my letting agency they won't get back to me within this time frame, as they are on Christmas hours now with a 'skeleton staff' (NB letting agency are absolutely useless)

Advice on how to proceed would be greatly appreciated. Many thanks

Fruitcake · 22 December 2021 at 1:39PM

What does your lease/AST/property rental agreement say about parking, parking permits, paying PPCs, and court claims? What it doesn't say is just as important.
This will have primacy of contract over anything an unregulated private company has to say, especially as it will not have been a party to your lease etcetera.
They cannot take away your existing rights to park in your demised space, or your right to quiet enjoyment.

If you are a tenant with a lease then you also have the protection of the Landlord and Tenant Act 1987, Part IV.

Complain to the landowner and managing agent.

Use the template in blue text from the NEWBIES Announcement at the top of the forum if the invoice is not cancelled before the appeal deadline. No other date is relevant.
Add a one liner to the template that the keeper has primacy of contract according to their lease, or whatever rental agreement is in place.

Get pics of the site and signage, and dig out your lease and head lease if there is one.

You should also complain to your MP about this abuse of your rights. Ask her/him to forward your complaint to Michael Gove MP and Neil O'Brien MP at the department for levelling up. They are the ones responsible for producing the new mandatory parking code of practice due to come in to force next year.

Keep an eye out for whoever is issuing these invoices. It is not unheard of for a parking attendant to put a ticket on a car, photograph it, then remove it after. It is called ghost ticketing.

What is the date of the alleged event, and what is the date the NTK was issued? Does the NTK comply with the PoFA 2012? Normally we would recommend a motorists defends as driver for an own space case, but it is useful to have information about any PoFA or IPC CoP breach.

Acronyms and abbreviations can be found in the fifth post of the NEWBIES.

Getting a video of someone doing this would be like gold dust.
It is also possible this is one of your neighbours who has signed up to a self ticketing operation, but more likely the PPC will have been contracted by the MA.