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HELP Vcs private land pcn derby

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  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Yes, as long as it now flows as one letter. The draft above looked like two because 'Dear VCS' was in the middle instead of at the start.
    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
  • loosegoose
    loosegoose Posts: 42 Forumite
    edited 16 February 2017 at 11:45PM
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    on the appeal form its asking for my reason from a multiple choice menu, I have selected the contravention not occur with my selected reason being ," I did not park for the stated time", is this correct or would "my vehicle is permitted to park and is on a vehicle exemptions (white list) " be more suitable? thanks.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Second one, I would say, in your case, because the vehicle was permitted to park to make a delivery, as the Jopson case proves, otherwise life in a block of flats/residences would be ''unworkable''.

    You've got that in your challenge letter, not that we expect the PPC to give up this early, but start as you mean to go on, you have the moral and legal high ground here, we would argue.
    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
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Have you contacted the person whose parcel this was? Thet may well wish to take issue with the MA about the predatory practices of their agents, contrary to the wellbeing and best interests of the residents.

    Some delivery companies when faced with this nonsense may well refuse to deliver to this building.
    You never know how far you can go until you go too far.
  • loosegoose
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    hi no I don't know the person directly or have not met in person, was delivering for a fovour for friend of a friend so to speak, I get your point tho may be worth following up, il wait and see what the outcome of my appeal letter is first I think. thanks
  • loosegoose
    loosegoose Posts: 42 Forumite
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    ok after submitting my appeal letter to VCS this is the reply iv received from them. should I be giving them the details there asking for?


    Site: Shetland Close Residents Parking Spaces Issue date: 31/01/2017

    We refer to your correspondence received in connection with the above Parking Charge Notice (PCN).

    Please note that responsibility for this PCN lies with the driver of the vehicle at the time the parking contravention was observed. However, we are unable to ascertain who the driver was from the information given within your appeal.
    In order for us to process your appeal correctly, please follow the instructions below.

    The following options are available:

    1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.

    2. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming that you are authorised to appeal on his/her behalf. This statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS. This needs to be an original signature and not a photocopy or a stamp.

    3. Pay the PCN. Payments can be made online at https://www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If paying by Credit Card a surcharge of £1.00 will apply).

    At present, the required payment of £60 is outstanding and payment is to be made by 23 March 2017. If the payment is not received by this date the amount payable will revert to £100 payable. Failure to comply may result in the issue of court proceedings whereby further costs will be incurred.

    As a gesture of good-will, we have placed the case file on hold for an additional 14 Days to enable the above mentioned actions to be administered. If we receive either no payment or further communication by 23 March 2017 the right to appeal may be lost and the charge will revert to the original (nondiscounted) rate.
    Yours sincerely,




    Appeals Administration Team Central Processing Office
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    edited 13 March 2017 at 11:05PM
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    Dear VCS,

    Re: PCN xxxxxxx

    I have received your letter where you say: ''However, we are unable to ascertain who the driver was from the information given within your appeal.''

    Good.

    I am pleased to see you admit you have no evidence as to who you might have allegedly contracted with, let alone any cause of action. Moreover, you are refusing to consider an appeal without the appellant stating who the driver was - have you forgotten that the DVLA stated that insisting on being told who was driving in order to consider an appeal, is not allowed? I am minded to report VCS to Mr Dunford at the DVLA for this misleading response.

    I remind you that you have already been made aware that the driver was delivering a parcel. Such a short-term delivery is permitted unloading activity, not 'parking' (nor a breach of any parking terms). Such deliveries are undoubtedly covered by the lease. Clearly, life in a block of flats would be unworkable without such activity being safe from predatory practices such as undertaken by the likes of VCS. Modern residential leases include (either implied or express) easements and/or rights of access to the flats, which take precedence over any third party parking signs.

    The persuasive authority for this complete defence is covered by the decision as set out in Jopson v Home Guard Appeal case. I suggest you read the transcript to this case (helpfully hosted on the Parking Prankster site which you are no doubt familiar with). The case was heard at Oxford County Court in June 2016 and this was an Appeal case, decided by a Senior Circuit Judge; another master-stroke by the controlling minds at Gladstones in assisting motorists to defend utterly spurious charges like this one.

    As a gesture of goodwill, I will not pursue VCS for data misuse and will not report you to the DVLA or Information Commissioner, if you confirm the charge is cancelled within 14 days of this letter.

    yours faithfully,
    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
  • loosegoose
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    much appreciated thankyou.
  • Ian011
    Ian011 Posts: 2,432 Forumite
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    edited 14 March 2017 at 9:56PM
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    loosegoose wrote: »
    3. Pay the PCN. Payments can be made online at https://www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If paying by Credit Card a surcharge of £1.00 will apply).
    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 were published by BIS (now BEIS) in December 2013 and came into force on 13 June 2014.

    Regulation 41 does not permit the use of premium rate 084, 087 or 09 numbers for dealing with 'contracts entered into with a trader'.

    The sending of a PCN, effectively an invoice, assumes that just such a contract has been entered into.

    The usage of a premium rate 0845 number is therefore in breach of Regulation 41.


    Ofcom published regulations in December 2013 that came into force on 1 July 2015 and require all users of 084, 087, 09 and 118 numbers to publish call costs alongside the number wherever the number is advertised or promoted.

    Call costs are missing in the notice, and this is a breach of the Ofcom regulations.
  • loosegoose
    loosegoose Posts: 42 Forumite
    edited 3 April 2017 at 5:39PM
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    So this is the latest reply iv received, my appeal has been rejected as assumed.

    Site: Shetland Close Residents Parking Spaces Issue date: 31/01/2017
    We refer to your appeal in respect of the above Charge Notice received on 24/03/2017.
    It is important we highlight that we will continue to pursue the matter on the reasonable assumption that you were the driver of the vehicle on the date in question until information/evidence to the contrary is provided.
    Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our main reason(s) for this decision are as follows:
    Signage states that valid permits are to be displayed when parking on site. As your vehicle was observed not displaying a valid permit, the Notice was issued correctly. For clarification, you may view our photographic evidence by visiting https://www.myparkingcharge.co.uk. Alternative parking should have been sought in these circumstances.
    What you should do next - Either:

    1. Pay the Charge Notice: In order to settle the Charge, the payment of £60 to reach us by 17/04/2017 or £100 to reach us by 01/05/2017 must be made. Failure to pay this charge within the stated times, may result in Debt Recovery Action being taken and further costs up to an additional £60 being incurred.

    Payments can be made online at https://www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If paying by Credit Card a surcharge of £1.00 will apply).

    OR:

    2. Appeal to the Independent Appeals Services (IAS):If you believe this decision is incorrect, you are entitled to appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the subject header of this correspondence).
    Notice Serial No: vcsXXXXXX Vehicle Registration Mark:XXXXXX
    03 April 2017
    Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit https://www.theias.org for full details on how to submit an appeal online.

    It is important you note that if you wish to appeal to the IAS and your appeal is unsuccessful, the discount offer will no longer apply and the full amount of £100 will be pursued. Please be aware that if a payment is made against the PCN prior to lodging an appeal with the IAS, or receiving adjudication from the IAS, and if it is accepted as Full and Final settlement of the PCN, any appeal to the IAS will automatically be dismissed.

    It important I also highlight that no further appeals will be accepted at this office; any such appeal must be made to the IAS.
    Please also note that further costs may be incurred should it be necessary for us to subsequently recover any outstanding charge using debt recovery and/or court action.
    Yours sincerely,
    Appeals Administration Team CENTRAL PROCESSING OFFICE
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