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VCS parking in restricted area & claim from from CCBC

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Comments

  • Egbert_Nobacon
    Egbert_Nobacon Posts: 425 Forumite
    First Anniversary Name Dropper First Post
    Yes MonkeyRum the Defendant may not have been the Driver but it will be the Defendant arguing this in court.

    Take bargepole’s word for it - he has the legal training.
  • upstanding
    upstanding Posts: 85 Forumite
    Thank you for taking time to look - You've got it, exactly - further back where the lines start, closer to where you can see the people on the right of the shot.

    Just in process of doing SAR to VCS -we no longer own the vehicle but i have a copy of V5C/3 (section that is completed when you sell vehicle) it only states registration number not keepers name - would that suffice or do you have to provide copy documentation of some sort with name and address on it? Also can you clarify that I have followed right protocol - that I need to ask for ALL data held including copy of PCN, NTK (which we never received) any photos taken by them along with copies of any letters and state they have to reply within one month.
    Thanks again everybody
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
    First Anniversary Photogenic First Post Name Dropper
    edited 8 July 2019 at 7:49AM
    As you enter into Miller's Lane from Derby Street the car park on your right is leased to Excel Parking Services Limited. VCS and Excel are owned by the same people however they are legally separate entities.

    Both myself and another poster have fallen foul of the Derby Street car park and have gone through the court process. Keep Calm and Carry On has received a another claim similar to what you have received.

    Keep Calm won the first claim relating to the Derby Street car park with costs awarded and I had to pay a very minimal amount to the PPC with no costs to either party.

    Problem is that until the SAR's are received no one knows exactly what they are dealing with because it's from 2015.

    I did take a look at where Keep Calm thinks that the car may have been parked and there are no yellow lines in 2016.

    These two PPC's are very litigious and if these claims had real merit they would have been on to this much more quickly. It could be that they are just trying their luck before the new CoP comes into practice.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
    First Anniversary Photogenic First Post Name Dropper
    edited 8 July 2019 at 9:05AM
    Further to my post I took a look at google maps and the date of the image changes from 2018 to 2016 when you turn left by the Travelodge (still in Miller's lane on the Lidl side). Albion Bathroom Store is on your right. At that point the image captured date changes to 2016 and there are no yellow lines.

    You need to take some screen shots of this and try to include the part of Miller's Lane where you were parked from this angle (2016 capture). You can see this and when you enlarge the image you can tell that there are no yellow lines.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
    First Anniversary Photogenic First Post Name Dropper
    The sign on Miller's lane relates to the Excel Car Park not VCS. There are no yellow lines when you parked in 2015.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
    First Anniversary Photogenic First Post Name Dropper
    edited 8 July 2019 at 9:43AM
    Switcheroo alert.

    Look at the street view for Miller's lane where you were parked and change the dates on the street view in the top box you will see that there are VCS signs in 2016 but later there are Excel signs. The lease is definitely in the name of Excel.

    The sign at the entrance is also in the name of Excel whilst also displaying VCS signs?. I am a bit confused at what is going on here. The entrance sign is Excel. The lease is owned by Excel. The sign is VCS and the claim is VCS.

    https://www.google.com/maps/@52.8074937,-1.6424548,3a,75y,147.19h,86.98t/data=!3m6!1e1!3m4!1s5qMsqnmNpBCg5etoz6zvfQ!2e0!7i13312!8i6656
    Do you think that the driver may have had a wheel on the cobbles? I think that the cobbled bit is part of Excel's car park.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
    First Anniversary Photogenic First Post Name Dropper
    Snakes_Belly wrote: »
    Switcheroo alert.
    The sign at the entrance is also in the name of Excel whilst also displaying VCS signs?. I am a bit confused at what is going on here. The entrance sign is Excel. The lease is owned by Excel. The sign is VCS and the claim is VCS.
    [.

    I am a bit out of my depth here. If the car park is leased by Excel and has an Excel sign at the entry and in the main car park but some VCS signs on the perimeter (which were later changed to Excel) is the NTK from VCS invalid?

    Nolite te bast--des carborundorum.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    it isnt "invalid"
    Its just they have no standing t claim, as any alleged contract - given by the signs on view - is with excel. No contratc could have been formed with VCS.

    If there is a mix of signs then there would be judgement as to which prevails, but having a multitude of differieng signs with differnet egal entities, each purporting to create a single contract for hte single act of parking would cause its own issues for the PPCs involved; you cannot possibly contratc with both entities in 2 contracts for hte same offer of parking.
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
    First Anniversary Photogenic First Post Name Dropper
    edited 8 July 2019 at 11:11AM
    I think what has happened (difficult without SAR) is that the car park borders the road and there is no demarcation other than cobbles. The VCS signs say no parking which I think means that they can't park on the cobbles. The road at the time has no yellow lines. The entrance to the car park has an Excel sign and all the other signs on the car park are Excel. It's just the perimeter that are VCS no parking signs. There are no yellow lines at this time and people seem to park on the road. My intuition is that if they edge onto the cobbles they get a ticket from VCS although the land is leased by Excel.

    I have had issues with this car park which is why I try to help others that have been caught out by a nightmare of a place.

    Nolite te bast--des carborundorum.
  • upstanding
    upstanding Posts: 85 Forumite
    Hi SNAKES, thinking your intuition may be right - looking closely at our own photo from the time it could be argued that tyre 'may have been' encroaching the cobbles - so not sure whether it would come down to that or how clear any pictures VCS might have. Interestingly where the No Parking sign had been there is a now another sign (blue & Yellow) stating Caution in times of wintery conditions, again in the cobbles and not within the car park so if Excel are trying to warn people they have a funny way of doing so because nobody from WITHIN the carpark would be able to read the sign given that it faces out onto the ROAD!! another bit of factual information is that the patrol person monitoring this area wears a high visibility jacket with VCS emblazoned on the back yet the car park is owned by Excel -don't know what it says on the tickets they issue now - one wonders are they being issued on behalf of VCS or Excel - simply more confusion to add to the pot
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