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PCN NTK from Vehicle Control Services

Sorry if I'm asking a question that's already been answered elsewhere, but I need a quick opinion on what to do regarding a PCN received by a member of my family today from VCS, as I'm just about to go on holiday for a fortnight and haven't really got time to research all the threads before I go.

It was issued for a parking session in Birmingham and the reason given is that the car was "parked without payment of the parking tariff". Although it's nearly a month ago now, and the driver doesn't still have the parking ticket, they are SURE they did pay. But if not, do VCS have the means to prove it? And should the keeper of the vehicle (who wasn't the driver) just ignore the PCN, as most people on the forum seem to recommend?

Comments

  • KeithP
    KeithP Posts: 37,573 Forumite
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    Rev_EB wrote: »
    And should the keeper of the vehicle (who wasn't the driver) just ignore the PCN, as most people on the forum seem to recommend?
    No, most people don't say that.


    The keeper needs to send the blue text appeal from post #1 of the NEWBIES FAQ sticky thread. Send it unchanged. No alterations or additions necessary.

    That's it.
  • Coupon-mad
    Coupon-mad Posts: 131,426 Forumite
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    haven't really got time to research all the threads before I go.
    Just read the NEWBIES sticky thread, then. :)
    And should the keeper of the vehicle (who wasn't the driver) just ignore the PCN, as most people on the forum seem to recommend?
    Don't tell us, you Googled it and read 2012/13 posts...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Rev_EB
    Rev_EB Posts: 4 Newbie
    Thanks for helpful replies.

    One query about the suggested wording of the text appeal. How do I know that "Your signage terms fail the test of 'large lettering' and prominence of the parking charge ...." if the driver didn't and can't easily check it?! And will it weaken the appeal if the keeper leaves that sentence out?
  • KeithP
    KeithP Posts: 37,573 Forumite
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    edited 11 May 2018 at 9:48PM
    You've had my opinion.

    You can of course choose to make any alterations you wish.

    Not sure there are any PPC signs that meet that criteria.

    If the driver didn't notice, was that because the signs were not prominent enough?

    I hope you're not expecting to win this appeal.
  • Coupon-mad
    Coupon-mad Posts: 131,426 Forumite
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    No PPC signs are clear, it's a typical scam they use.

    You can't weaken an appeal to an IPC firm, and you'd know that from other threads.

    There is no appeal that cancels it so get used to it, you are in for the long haul.

    Read other threads first, to understand why you are sending this, which will NOT get it cancelled.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Rev_EB
    Rev_EB Posts: 4 Newbie
    Keeper appealed using the standard wording on the Newbie thread and received a reply from VCS in which (unsurprisingly) no further photos of the vehicle were provided as requested, and they say that to process the appeal they need the driver to appeal directly.

    Driver is pretty confident that they did pay but has no ticket to prove it. Keeper has decided however that if driver DID forget to pay, or display ticket, they'd prefer to pay reduced PCN rather than have it hanging over their head for months. But the photos on NTK only show entry and exit times, and don't therefore help in determining whether driver made a mistake. So does anyone know from experience whether VCS will have such photographic evidence and whether they are likely to reveal it at this stage?
  • Tara_M
    Tara_M Posts: 12 Forumite
    Actually no. The driver MUST NOT appeal directly because the "contract" is between the driver and the company, you should never divulge the identity of the driver. This is where any court claim will fail as they will not be able to prove that the keeper is liable.
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    Tara_M wrote: »
    This is where any court claim will fail as they will not be able to prove that the keeper is liable.
    Unless, of course, you are appearing in front of this lady Judge!

    https://forums.moneysavingexpert.com/showthread.php?t=5844450

    And there are other cases of the Judge making an assumption on the balance of probabilities as to who the driver was, despite not being named.

    Court is a lottery - no one can categorically predetermine the outcome.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Rev_EB
    Rev_EB Posts: 4 Newbie
    Thanks for the helpful replies so far. My original question was about what evidence VCS will have of the alleged contravention (namely parking without payement). The photos on the NTK merely show that the driver entered and exited the car park, not that they failed to pay. If the driver DID fail to pay, or to display the ticket, or to enter the correct reg number, will VCS definitely have photographic evidence for this?
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    My original question was about what evidence VCS will have of the alleged contravention (namely parking without payement).
    Ask VCS via a SAR, which, under GDPR, is now free to issue.
    The photos on the NTK merely show that the driver entered and exited the car park
    Standard fare for ANPR camera capture.
    If the driver DID fail to pay, or to display the ticket, or to enter the correct reg number, will VCS definitely have photographic evidence for this?
    Likely to have printout of VRM input, linked to payment amount, linked to ANPR camera capture of entry and exit.

    But we can't tell you what they actually have, only you can find that out via a SAR.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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