VCS County Court Claim - Hearing Stage: I Won!!!

koahanee

Hi all, would appreciate the help from the gurus on here.

The situation was on 14th May 2022, I got a ‘Privacy Notice’ from Vehicle Control Sevices (VCS) on my windscreen. It was in my residential area (I own a property there) and someone was parked in my parking space which resulted in me having to park in another spot & got this notice. I emailed VCS (via email address provided on the back of their privacy notice card) informing them of the situation & offered to send proof of other car in my parking space but didn’t get any reply.

I didn’t receive anything else from VCS until 2 weeks ago (11th July 2022) when I received a ‘Demand for Payment’ letter asking me to pay £170 (£100 parking charge and £70 debt management fee?!) The letter also says my opportunity to appeal has lapsed and they are not accepting any further disputes or challenges. I checked all my posts and definitely did not receive any PCN in my letters.

I had a look and VCS is a member of IPA and from the NEWBIES thread, it apprears that their independent appealing body (IAS) is basically a kangaroo court. I have also made contact with our property management company about possibility of cancelling the parking charge and awaiting their replies.

Bit concerned that they would take me to CCJ as VCS are known to do this. Is there anything I should do at this stage regarding:

1. The fact that I didn’t not receive a PCN within 14 days of the alleged contravention - should I write back to VCS now to make sure that there is a record in writing in case this goes to court?

2. Should I still appeal at IAS? From the NEWBIES thread it look like you will not win and VCS will boast about this at CCJ so I am not sure if I should appeal? 

3. Anything else I should do/you would advise?

Many thanks for your help xx

koahanee

Attached letter sent by VCS in relation to my post above

Le_Kirk

I would complain to the Property Management Agent/Company and copy it to VCS asking them what they are going to do to prevent other motorists from parking in "your" spot (I assume it is a numbered slot) and make sure they cancel this PCN as it their fault you received it because VCS have clearly failed in their duty to MANAGE the car park rather than just send PCNs to a captive clientele!

Coupon-mad

And send VCS a SAR (see NEWBIES thread 2nd post).

Not_A_Hope

Some PPCs seem to have form for not bothering with an initial notice to driver / keeper. That way they get to send an invoice for an even higher amount in the hope that you are daft enough to pay.

The demand letter they have sent is no different than a letter from a debt collector and can be ignored.

As Le Kirk suggests complain to the Property Management Company. That is the easiest way to get this killed off. As C-M suggests send the PPC a SAR and see if that turns up anything interesting including 'missing notifications'.

Other than that if the complaints don't work you should read the Newbies thread to see what to expect going forward. If you get a Letter Before Claim you need to follow the guidance. If they are daft enough to take it to court they will almost certainly lose.

You should also also review your tenancy / lease  / deeds to see what is actually required in regard to parking and permits. This contract takes primacy over any agreed between the management company and PPC. Have you been balloted on having a PPC infest your residential area and make your life a misery. If you own the parking spot you should consider opting out of any 'management scheme' that clearly isn't working in your interest.

koahanee

Thank-you all for your advice!

I had a chat with the leaseholder representative who admitted that they’re current not patrolling the area where my parking space is (as mine is in a secured undercroft parking and their staff does not have access?!) whilst the other spot where I parked on the day of the parking ticket is open access so their staff can patrol!! I pointed out to them then that was a management system failure which contributed to me getting this ticket. I have emailed all parties (leaseholder, management company, VCS) and just awaiting to hear back 🤞🏻

Will keep you updated on how this goes! If they push I will request SAR and prepare myself for the next step...

koahanee

Update from my previous post:

I contacted all parties (VCS/Landowner/Management company) via email (so I have paper trail), and still have not yet heard anything from VCS. The landowner and the management company has admitted (in writing) that they are aware there are rogue parking in the area where my parking space is and at the moment they are unable to patrol my parking space area due to infrastructure upgrade. The landowner has given me a letter (in writing and is signed my their residential management team) requesting cancellation of my parking ticket issued by VCS.

Despite the lack of response from VCS (even though I contacted them multiples times and have paper trail for this), they sent me a LBC today saying they’d take me to county court if I don’t settle the payment.

I have requested SAR from VCS DPO - still awaiting reply.

The questions I have are:

1. Should I reply to the LBC reply from attaching the landowner letter (cancellation of my parking ticket), photo proof that I have on the day of the other car parking in my space, and relevant communications from landowner/management company admitting not patrolling my parking space? The NEWBIES thread advised not to but I just thought to check if it would be appropriate in my case.

2. Is there anything else I should do in preparation for my defence if they do take me to county court?

Thank you for your help!

Coupon-mad

1. Yes.

2.  No, except read through the Template Defence so you know what's what.

Fruitcake

I am sure everyone on this forum would be shocked it if later transpired that an employee of VCS parked in your spot to ensure you parked somewhere else such that you would then receive a PCN. It just seems too fantastic to contemplate, apart from the photo another poster showed us of a van in VCS livery parked in their parking space.

As a side project, there is nothing stopping the OP from applying to the DVLA with a paper request to supply the vehicle keeper's data if the VRM is known, and then sending them an invoice for costs incurred because of their actions.

D_P_Dance

Read these, google "primacy of contract" and complain to your MP

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022#latest

koahanee

Hi,

Thank you for all your help so far.

Just an update on my case. I have filled in the reply form with a letter from the landowner saying they authorise the cancellation of my ticket and also done a SAR request.

VCS got back to me and said they never received any cancellation request (although they have the my letter from the landowner in the SAR documents they keep on my record!!). The landowner have since re-sent the letter (via email) with me copied on so I also have a record of it sending from the landowner and received by VCS.

Another thing I noticed - which I am thinking to use in my argument if they do take me to court - from the SAR request, they confirmed that the IDR process was first started on 5/7/22 at £60 charge. The first letter I received by them was a Demand for Payment posted on 11/7/22 (no PCN received) asking for £170 and gave me no opportunity to appeal (see photo). Not only the timeline seems to not add up here, it appears that their process was intended to forfeit my appeal right - which I am sure would be in breach of whichever code of practice/rules they are supposed to follow?

Also given that the parking incident was on 14/5/22 with only a Privacy Notice (no PCN) placed on my windscreen, the fact that they only start the IDR process on 5/7/22 (52 days later) - does this make the parking charge invalid? I saw on the Newbie Thread that they are supposed to send you the PCN 14days after the incident, but VCS is a IPC member so not sure if this is applicable?

Thank you all for you help