Letter Before Claim received - from VCS, acting for Excel Parking Services

StJohn81

Hi all, on the advice of some members within another thread of mine I am starting a new one for this instance of parking ticket.

I'm at the stage where I have received an LBC.

So far I have:

Contested the charge with JD Gyms, where I parked outside of, before getting the ticket.

This is because the land in question, a retail park with hundreds of free bays, has a very small section of land right in front of the gym that is owned and charageable.

It's a scam if ever I've seen one, lots of gym goers parking there in good faith thinking it's free like the rest of the car park, and getting done.

Mine was at night, you can't even see the signs.

The Gym say they are in constant talks with the landowner, because lots of gym goers are getting done.

I've emailed them, spoke to them in the gym, they can't get anything done. Even staff have been done and had to pay charges!

I appealed through Excel, no joy of course.

No POPLA appeal.

I'm just about to do a SAR to excel, I have found their privacy/data email

Is there anything else I should consider?

Here's my draft:

Dear Sir or Madam

With regards to letter with reference: ************ (shall I include the ref?)

Please supply the data about me that I am entitled to under data protection law relating to myself.

Please also include:

ALL photos taken at the site, all letters/emails sent and received, including any appeal correspondence earlier, whether the car park was Pay and Display, The records of the PDT machine for that day, the payments made, all data held and a full copy of the Parking Charge Notice, and Notices to Keeper.

Any claim made against me must only be for this specific parking charge notice, and no others.

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

(Name & Address)

Coupon-mad

What do you mean by 'VCS, acting for Excel'?

VCS are not a solicitor firm though I wonder if Ed Shoreman-Lawson might be behind this, if this is their newest approach.

Can you show us the letter that alleges this?

StJohn81

BelladonnaTook said:

I have a fair bit of info too but I don't want to post it publicly.

Thanks for your replies. I'm assuming you are warning me that there are some signs saying no parking as a 'heads up'?

Thanks, if that's the case.

As I say, my charge was at night in the P*ssing down rain were nothing was visible.

Plus, you don't look for them, if thy gym tells you there is loads of free parking!

The gym have got signs up now in the place, but you would have to stand there and really concentrate on what they say to know the info. Everyone just walks past without even a glance at the signs.

Have you got a similar claim?

StJohn81

Coupon-mad said:

What do you mean by 'VCS, acting for Excel'?

VCS are not a solicitor firm though I wonder if Ed Shoreman-Lawson might be behind this, if this is their newest approach.

Can you show us the letter that alleges this?

Just waiting for my phone photos to send through my email, still in my outbox for some reason.

But yes had three letters from VCS:

Demand for payment

Final demand

Letter before claim

This was after appealing the charge through myparkingcharge.co.uk

and receiving an email back from Excel

I don't have the original letter as it wrongly went to my parents (previous owner) but I'm assuming it's Excel if indeed they have replied?

Coupon-mad

Ah no.

You have a VCS PCN then. It's not an Excel case.

StJohn81

Hi all, latest update here on this:

I sent off a SAR on 29th march and received the info back on 12th April, contains all letters sent to me etc.

Also received on 28th March, a letter from someone new - ELMS legal. NOTIFICATION OF INSTRUCTION.

Says that they have been instructed by VCS to recover the debt.

They 'urge me not to delay in contacting them on 01529 406096 to discuss the matter and avoid commencement of legal costs and statutory interest.'

Some other drivel further down.

What would be my next steps having received the SAR info and also this letter?

Thanks

Snakes_Belly

VCS and Excel are separate legal entities (Saloman V A. Saloman and Co. Ltd.)

They have form when it comes down to a "switcheroo". You need to be quite specific in "who says what" so that you can get the best out of the forum.

The signage is the most important as it is what forms the contract so whose name is on the signage?

The contract with the landowner is also important so which company has the landowner contracted with?

Which company is the claim from? 

This needs to be drilled down.

go-on-then

Does the signage clearly state / show which bays are for JD users ?

Are the parking bays very clearly marked out as being for JD users ? 

Is there a boundary of sorts marked out ?   

StJohn81

Snakes_Belly said:

VCS and Excel are separate legal entities (Saloman V A. Saloman and Co. Ltd.)

They have form when it comes down to a "switcheroo". You need to be quite specific in "who says what" so that you can get the best out of the forum.

The signage is the most important as it is what forms the contract so whose name is on the signage?

The contract with the landowner is also important so which company has the landowner contracted with?

Which company is the claim from? 

This needs to be drilled down.

It's VCS

StJohn81

go-on-then said:

Does the signage clearly state / show which bays are for JD users ?

Are the parking bays very clearly marked out as being for JD users ? 

Is there a boundary of sorts marked out ?   

In the daytime you can see the distinction. Some bays are not for JD, whereas the main bulk of the bays are - about 90% of the car park. Those bays are further from the gym than the one with no access.

In the night time though, the signs aren't visible, especially if it's peeing down!

Snakes_Belly

"I appealed through Excel, no joy of course."

So the LBC came from VCS? So why did you appeal to Excel? Was the PCN in the name of Excel?