VCS multiple tickets over a week - Scotland

angry_fluffy_bunny

Hi all.

I was out of town for a week and unfortunately the parking permit for the building I live in expired meanwhile. While I was away I have been given multiple "Privacy Notice" PCNs, each a few days apart, totalling up to 4 tickets.

I have already sent a letter to my property management company about this, but it seems unlikely they will do anything.

I know that in Scotland parking companies will basically never go through the simple procedure to make a claim on anything under £300. But given how many tickets I've been issued, what are the chances they will try to make an example out of me?

Gr1pr

Only VCS would know that answer,  but wont tell you or us 

Clearly the more there are,  the more likely that they might 

So , your complaint to the management company is correct 

The fact that they recently lost a Court of Appeal case means that they might not, or if they did that your right to park trumps their allegations

VCS VS Carr

https://forums.moneysavingexpert.com/discussion/comment/81529274#Comment_81529274?utm_source=community-search&utm_medium=organic-search&utm_term=court+of+appeal+coa+vcs

Carr had the right to park,  permit or no permit 

Its also one long parking period,  which you had no control over,  being away 

angry_fluffy_bunny

A quick check of the local council's map shows that where I parked (which is an outdoors thoroughway without a kerb) isn't marked as a public road. There is simply a painted dash line that says "residents only" and VCS plaques all over.

I do believe it's very unfair that they can keep issuing tickets day after day, especially since I live at the premises. Let's see where this takes me... I have not received any of the usual stuffy letters yet.

Gr1pr

Check your tenancy agreement or lease to see what it states about residents parking, plus what the deal is to obtain replacement permits,  and who is responsible for ensuring it is replaced in a timely seamless manner 

Is it you, or the management company   , or the parking company   ?

Do you have the right to park there   ?  Regardless of any permit system   ( Primacy   )

angry_fluffy_bunny

The tenancy agreement does not include that particular parking space. I have been told by management that it is a residents-only, first-come-first-serve set of spaces. Applications are done through the management company who then mails out the permits.

I would argue that I do have a right to park there as it says "residents only" and I am a resident.

Umkomaas

As it's Scotland, you don't go telling VCS who the driver of the vehicle was. As the keeper, in Scotland, you cannot be held liable for the tickets. The Protection of Freedoms Act 2012 applies (or doesn't - in Scotland!). 

Gr1pr

angry_fluffy_bunny said:

The tenancy agreement does not include that particular parking space.

 I have been told by management that it is a residents-only, first-come-first-serve set of spaces.

Applications are done through the management company who then mails out the permits.

I would argue that I do have a right to park there as it says "residents only" and I am a resident.

Then surely they should have mailed out the replacement permit in a timely manner   ?  And didn't 

Your tenancy agreement tells you your rights,  a contract,  in writing, not a loose interpretation of the word on a sign

angry_fluffy_bunny

Sorry, I was being a bit vague as I know parking companies read this forum as well. My tenancy agreement only mentions one included parking space which does not require a permit. These are spare spaces which are not mentioned in the agreement (which is where I received these notices).

There are notices pinned to a community postboard which reminds tenants to send in renewals on time, so I assume it's on us to apply for renewals.

Fruitcake

What your least/AST/residential contract doesn't say is just as important as what it does say. If there is no mention of requiring a permit, then that's it, there is no legal or lawful requirement to display one. You can opt out of the scheme and remove any implied right of access to your property, including your vehicle(s) by writing to the managing agent and VCS, simply saying the keeper only ever displayed a permit as a curtesy, not as an admission of liability.

angry_fluffy_bunny

I've just realised that VCS have given me a PCN when I lived at a previous address, and the debt collection letters have actually stopped coming after I moved. If it was just one PCN I would not be worried, but I have received even more tickets between my first post and now. It seems the same person comes round every day or two.

What is the correct procedure to inform them of my new address?

Umkomaas

You write to the VCS Data Protection Officer (DPO) under heading 'Data Rectification Notice', requiring them to ERASE your former address (confirm that old address) and REPLACE with your current address (confirm current address) and to inform all other third parties with whom they have shared your data. 

You should find the email/contact address of the VCS DPO in the Privacy section of their website.