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  • FIRST POST
    • TZR123
    • By TZR123 28th Jan 18, 3:19 PM
    • 8Posts
    • 1Thanks
    TZR123
    MyParkingCharge at a train station
    • #1
    • 28th Jan 18, 3:19 PM
    MyParkingCharge at a train station 28th Jan 18 at 3:19 PM
    Hi everyone newbie here, I have read the newbie thread and have a few questions.
    The driver parked at a train station car park (which is free to park in) in a hatched area (white lines if it matters) and when returning had a MyParkingCharge notice on the car windscreen .
    I believe VCS (Vehicle control services) are the rodents to look after this car park.
    I imagine a notice to keeper letter will soon arrive through the post, does this notice that was left on the windscreen count as a ticket? as if this does not count as a windscreen ticket then I believe that the NTK must arrive within 14 days. Or it must arrive between days 29 and 57 if this was a windscreen PCN.
    I have also been reading that most train stations are governed by byelaw and have read that this could be a criminal offence and I could go to prison if they take court action within 6 months. I hope this isnít true and is a load of nonsense.
    If/when the NTK arrives in the post I intend to appeal as keeper, without revealing driver using the template in the newbies thread, and then onto the IAS as POPLA is not offered by this company as they are not a member of the BPA anymore.

    Thanks for reading and any advice is very much appreciated.
Page 1
    • KeithP
    • By KeithP 28th Jan 18, 3:25 PM
    • 6,711 Posts
    • 5,934 Thanks
    KeithP
    • #2
    • 28th Jan 18, 3:25 PM
    • #2
    • 28th Jan 18, 3:25 PM
    Did you read the answer to this question in the NEWBIES thread:

    Q - ''My windscreen Notice is a 'PENALTY' from a Railway car park, issued by a private firm (Indigo), what do I do?''
    .
    • TZR123
    • By TZR123 28th Jan 18, 3:27 PM
    • 8 Posts
    • 1 Thanks
    TZR123
    • #3
    • 28th Jan 18, 3:27 PM
    • #3
    • 28th Jan 18, 3:27 PM
    Vehicle control services (VCS) manage the car park
    • pappa golf
    • By pappa golf 28th Jan 18, 3:27 PM
    • 8,706 Posts
    • 9,295 Thanks
    pappa golf
    • #4
    • 28th Jan 18, 3:27 PM
    • #4
    • 28th Jan 18, 3:27 PM
    Q - ''My windscreen notice says it's 'NOT A PCN' from 'myparkingcharge.co.uk' so is it a PCN?''

    A - YES AND NO! THIS IS DISCUSSED ON OTHER THREADS - SEARCH THE FORUM FOR 'myparkingcharge.co.uk'

    if this is bylaw land then it is nothing to do with VCS , only the train company

    and funnyly enough they cannot pass info to the train co

    indigo is mentioned here , http://forums.moneysavingexpert.com/showthread.php?t=5783103


    you do need to read up on bylaws , no matter which company ,
    • pappa golf
    • By pappa golf 28th Jan 18, 3:29 PM
    • 8,706 Posts
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    pappa golf
    • #5
    • 28th Jan 18, 3:29 PM
    • #5
    • 28th Jan 18, 3:29 PM
    Vehicle control services (VCS) manage the car park
    Originally posted by TZR123

    YES , manage is an overstatement , but the question is , can there actions over ride bylaws?
    • Coupon-mad
    • By Coupon-mad 28th Jan 18, 3:31 PM
    • 56,325 Posts
    • 69,944 Thanks
    Coupon-mad
    • #6
    • 28th Jan 18, 3:31 PM
    • #6
    • 28th Jan 18, 3:31 PM
    For IPC members like VCS the advice in the NEWBIES thread is pretty clear.

    This isn't a bylaws penalty; that's why the Q&A about INDIGO only singles out Indigo.

    However, there is a specific Q&A about myparkingcharge.co.uk already in the sticky.

    Come back at court stage, if it happens (rare with VCS).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • TZR123
    • By TZR123 9th Feb 18, 3:56 PM
    • 8 Posts
    • 1 Thanks
    TZR123
    • #7
    • 9th Feb 18, 3:56 PM
    • #7
    • 9th Feb 18, 3:56 PM
    Hi,

    The Notice to keeper arrived in the post today, which is longer than the 14 day period. However the issue date is the 5th feb, would this count as being within the 14 days?

    I intend to appeal using the blue template in the newbies thread and also complaining to the railway company about this. Should I add anything to the appeal template with regard to the comments made in parliament about these parking cowboys, or should i just leave the appeal template as it is?

    Are there any templates which could be useful when complaining to the train company about this?

    Many Thanks
    Last edited by TZR123; 09-02-2018 at 4:01 PM. Reason: Edit:
    • pappa golf
    • By pappa golf 9th Feb 18, 4:01 PM
    • 8,706 Posts
    • 9,295 Thanks
    pappa golf
    • #8
    • 9th Feb 18, 4:01 PM
    • #8
    • 9th Feb 18, 4:01 PM
    Hi,

    The Notice to keeper arrived in the post today, which is longer than the 14 day period. However the issue date is the 5th feb, would this count as being within the 14 days?

    I intend to appeal using the blue template in the newbies thread and also complaining to the railway company about this. Should I add anything to the appeal template with regard to the comments made in parliament about these parking cowboys, or should i just leave the appeal template as it is?

    Many Thanks
    Originally posted by TZR123
    why complain to the railway company , they hired VCS to mis manage there car park
    Save a Rachael

    buy a share in crapita
    • nosferatu1001
    • By nosferatu1001 9th Feb 18, 4:04 PM
    • 2,315 Posts
    • 2,758 Thanks
    nosferatu1001
    • #9
    • 9th Feb 18, 4:04 PM
    • #9
    • 9th Feb 18, 4:04 PM
    14 days is for you to have received the NtK in order for the PPC to use "keeper liability" under POFA. However as this was at a railway station, they cannot use POFA - for reasons you surely know about - and VCS dont even try to use POFA anyway.
    • The Deep
    • By The Deep 9th Feb 18, 4:29 PM
    • 9,095 Posts
    • 8,789 Thanks
    The Deep
    This is a scam. Parliament are in the process of enacting laws to close down these scammers. Watch the Second Reading here

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in robust terms to your MP that VCS, who are a very are attempting to obtain monies under contract law for alleged offences on land covered by bye-laws, ( to which they have no entitlement, possibly a fraud).
    You never know how far you can go until you go too far.
    • TZR123
    • By TZR123 9th Feb 18, 8:45 PM
    • 8 Posts
    • 1 Thanks
    TZR123
    14 days is for you to have received the NtK in order for the PPC to use "keeper liability" under POFA. However as this was at a railway station, they cannot use POFA - for reasons you surely know about - and VCS dont even try to use POFA anyway.
    Originally posted by nosferatu1001
    Hi, Would I be correct in thinking that as VCS don't comply with POFA then they are unable to pursue me as keeper for this PCN? I will definitely be including this in my appeal to them.
    Thanks
    • pappa golf
    • By pappa golf 9th Feb 18, 8:56 PM
    • 8,706 Posts
    • 9,295 Thanks
    pappa golf
    Hi, Would I be correct in thinking that as VCS don't comply with POFA then they are unable to pursue me as keeper for this PCN? I will definitely be including this in my appeal to them.
    Thanks
    Originally posted by TZR123
    the protection of freedom act does not apply on railway land (bylaws) and had they tried to comply , they would be in deep doggy doo
    Save a Rachael

    buy a share in crapita
    • TZR123
    • By TZR123 10th Feb 18, 3:24 PM
    • 8 Posts
    • 1 Thanks
    TZR123
    Hi again, would someone be able to read through my appeal and see how it sounds?

    Dear Sir/Madam,

    Re PCN number:

    I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

    Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

    1. Does your charge represent damages for breach of contract? Answer yes or no.
    2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
    3. Please provide all photographs taken of this vehicle.

    I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

    Furthermore, as you (VCS) don!!!8217;t comply with the protection of freedoms act (POFA) you have no right to pursue the keeper for this matter and must pursue the driver. Also, the protection of freedoms act does not apply on railway land (bylaws), so once again you are unable to pursue me as keeper for this matter.
    As your Notice to Keeper arrived more than 14 days after the event took place this means that there is no keeper liability possible.

    The signage in this particular car park is woefully inadequate, the entrance signs are placed high up and are impossible to read whilst driving, the signs around the site itself are not visible from the drivers point of view as they are situated high up on lampposts and no reasonable person can expect drivers to see these signs as they are driving through the car park, you would need a see through roof to be able to see them they are that high up let alone be able to read them whilst driving.

    I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

    If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

    Yours faithfully,

    I will need to submit this appeal on my parking charge website, should I include images of the signs on there aswell to support my point. (I assume this would need to be done by uploading to an image hosting site and then putting the links into the appeal?)

    Also, how would I prove that the NTK arrived more than 14 days after the event, surely they will just say it arrived the day after it was posted. It did not, it arrived 16 days after the incident.

    Thanks for reading, any advice is greatly appreciated.
    • Umkomaas
    • By Umkomaas 10th Feb 18, 3:36 PM
    • 17,345 Posts
    • 27,319 Thanks
    Umkomaas
    Hi, Would I be correct in thinking that as VCS don't comply with POFA then they are unable to pursue me as keeper for this PCN? I will definitely be including this in my appeal to them.
    Thanks
    Originally posted by TZR123
    It won't stop them. The only way to stop them is to get a judge to tell them to stop.

    Unfortunately it will need VCS to chance their arm at court for you to put your arguments to the Judge. VCS are calling the shots on this.

    Your appeal (even with your embellishments - which we advise against) will be turned down. Sorry, but you're going to have to batten down the hatches and ride this out - wherever it may lead.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • waamo
    • By waamo 10th Feb 18, 3:38 PM
    • 3,032 Posts
    • 3,940 Thanks
    waamo
    Postal delivery times are set out in law. First class post is deemed delivered 2 working days after being posted unless it can be demonstrated otherwise.
    This space for hire.
    • TZR123
    • By TZR123 10th Feb 18, 3:47 PM
    • 8 Posts
    • 1 Thanks
    TZR123
    Postal delivery times are set out in law. First class post is deemed delivered 2 working days after being posted unless it can be demonstrated otherwise.
    Originally posted by waamo
    2 working days after the issue date (date it was posted) would make it the 14th day after the incident, would this mean that it hasn't arrived in time?
    • pappa golf
    • By pappa golf 10th Feb 18, 3:50 PM
    • 8,706 Posts
    • 9,295 Thanks
    pappa golf
    2 working days after the issue date (date it was posted) would make it the 14th day after the incident, would this mean that it hasn't arrived in time?
    Originally posted by TZR123

    whats it matter POFa cannot be used on this land
    Save a Rachael

    buy a share in crapita
    • Umkomaas
    • By Umkomaas 10th Feb 18, 3:51 PM
    • 17,345 Posts
    • 27,319 Thanks
    Umkomaas
    2 working days after the issue date (date it was posted) would make it the 14th day after the incident, would this mean that it hasn't arrived in time?
    Originally posted by TZR123
    Calculate as follows. The date of parking event is day 0, the day following is day 1 - count from day 1. If date of receipt is day 14 (or lower) it meets the PoFA timescale.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • waamo
    • By waamo 10th Feb 18, 4:10 PM
    • 3,032 Posts
    • 3,940 Thanks
    waamo
    2 working days after the issue date (date it was posted) would make it the 14th day after the incident, would this mean that it hasn't arrived in time?
    Originally posted by TZR123
    Pappa golf has hit the nail on the head though. POFA doesn't apply on railway land.
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 11th Feb 18, 12:40 AM
    • 56,325 Posts
    • 69,944 Thanks
    Coupon-mad
    No idea why anyone calculates the date to send a non-POFA NTK, as if the date is the be-all and end-all (it isn't). All VCS NTKs are non-POFA, so who cares when it arrives if it's not POFA worded and the keeper can't be held liable anyway?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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