Privacy Notice and NTK from VCS (Derby)

Coupon-mad

Yes I know.  But you can get more by proving your actual loss in a costs assessment.

The £95 is not set in stone if you earn more:

https://amp.theguardian.com/money/2017/aug/26/parking-eye-takes-on-top-barrister-85-fine

"ParkingEye went after Bowen for overstaying the free two-hour limit at a motorway service station and, when he wouldn't roll over, decided to sue him. But the firm, owned by Capita, may now be regretting picking this particular fight after a judge struck out the case and ordered the company to pay his costs of £1,550."

and

https://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-873057

"Laura Jopson, 29, of Trevithick Court, Wolverton Park Road, Milton Keynes had her fine dropped and received £2000 in costs in a ruling by Oxford County Court."

c4r_p4rk3r

Ah ok, thanks. I didn't know that would be a possibility. That would certainly keep costs down.
I will continue with the usual forum advice for now then.

c4r_p4rk3r

Hello, a quick update - predicably, VCS rejected my appeal.

I thought it might be worth a try appealing to IAS as it is a strong case, but I've kept it short so as to avoid wasting time writing out the full details. For the record I'm not scared of this being rejected so it's worth the tiny chance that it prevents a court hearing.

I've been away so I have 1 or 2 days left to submit this. Any thoughts on this appeal text?

The simple facts of the matter are as follows:

1. Only a small section of the car park is being managed by VCS. (is 'managed' the right word here?)

2. Each parking bay under VCS management is clearly marked with a small sign indicating that it is for use by [company] staff.

3. The vehicle was not parked in one of those bays, therefore the alleged contravention did not occur.

4. Even if the vehicle had been parked in a [company] bay, which it clearly was not, the larger T&Cs signage expressly forbids parking for non-permit holders, thus there is no contractual offer for non-permit holders and therefore there cannot be a contract to breach.

I also have some photos I could include showing the per-bay signage, should I include these or hold onto them as extra evidence in case of legal action?

UncleThomasCobley

It's worth a chance if you really want to try. The success rate of IAS appeals is around 5%. You never know. We normally advise to wait and see if they ever send you an LBC/LoC.

If the IAS appeal (Plan C) fails, you just ignore all the debt collector letters. They are not a party to the contract you allegedly breached and all they can do is blow hot air at you.

c4r_p4rk3r

Thank you, I understand and will definitely ignore the debt collector letters assuming it goes that far.
Is the appeal text I've written above OK?

UncleThomasCobley

c4r_p4rk3r said:

Thank you, I understand and will definitely ignore the debt collector letters assuming it goes that far.
Is the appeal text I've written above OK?

As it is to the IAS... you could write gobbledygook for all the good it will do. You are dealing with an incestuous cartel of scammers. Just use points of law.

Coupon-mad

c4r_p4rk3r said:

Thank you, I understand and will definitely ignore the debt collector letters assuming it goes that far.
Is the appeal text I've written above OK?

Yes.
Give it a go for the laugh and to cost VCS money.

c4r_p4rk3r

Well this was a nice surprise - my IAS appeal was successful!

"The Operator conceded this appeal due to Mitigation."

Thank you all for the help and advice.

Just to check, does this mean 100% case closed and they can't now bring it to court?

Coupon-mad

Yes it's over.  Nicely done.  Your lucky day. Buy a lottery ticket!