Parking fine fail...

Discussion in 'Lounge' started by Muffking, Sep 1, 2016.

  1. Muffking

    Muffking God Like

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    Got home from holibobs to find this on my door mat :(

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    After a quick Google it turns out that Vehicle Control Services Ltd. are a bunch of unregistered cowboys who have a history of breaking the rules set out by the The Protection of Freedoms Act 2012 which governs the terms of which they can actually enforce parking fines. So I wrote them a reply showing the same contempt they've given me.
    This is the cut down version.

    Dear Sir/Madam.
    I write in response to the Parking Charge Notice enclosed as I do not recognize this as a legitimate fine for the following reasons:-
    A notice to keeper must be served not later than 14 days after the vehicle was parked.
    The Protection of Freedoms Act 2012 exists to protect both the land owners and motorists. In this instance it is unreasonable for you to issue a PCN 25 days after the alleged offence took place.
    The Protection of Freedoms Act 2012, section 56, sub-section 9, sub-paragraph 5 clearly states:-
    “The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.”
    n.b. sub-paragraph (4) refers to giving notice by post or in person.
    Therefore as you did not comply with the Notice to Keeper rules set out in the Protection of Freedoms Act, I do not recognise the parking charge notice as a legitimate charge and will not be paying what is essentially an unenforceable invoice.


    Furthermore, I have enclosed an invoice to cover my time and inconvenience in responding to your PCN. This must be paid in full no later than 28 days of the invoice date, but is reduced to £60 if paid within 14 days. Failure to pay within 28 days will incur further charges

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    To be clear, I don't have a problem in paying up if I'm to abide by their rules (not that it was their land), but they also have to abide by the rules too. The last bit is just a piss take to stick it to them!
     
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  2. Barstewardsquad

    Barstewardsquad God Like

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    It's an invoice and not a fine, private organisations are not allowed to issue fines. They call it a Parking Charge Notice and not a Penalty Charge Notice just to try and intimidate you.

    Sadly the courts are currently siding with the Highwaymen at the moment and so they would probably rule against you.

    As it isn't a Penalty Charge Notice the 2 week rule may not apply.
     
  3. Muffking

    Muffking God Like

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    Yeah it's this bit here that's gonna get me out of paying as the 2 week rule also applies to the law they are trying to use to make me pay. This is the law that private firms have to use which is why they've not been allowed to clamp since 2012.

    The Protection of Freedoms Act 2012, section 56, sub-section 9, sub-paragraph 5,
    “The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.”


    Basically they have to issue the notice within 15 days of the offence, but they took 25 ;)
    This only applies to postal fines though, not those stuck to windscreens.
    Mine was done by ANPR.
     
  4. kpone

    kpone Moderator
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    Did I read somewhere that responding to one of these, even to protest, is considered an admission of guilt?
     
  5. Muffking

    Muffking God Like

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    I checked on that just in case.
    Turns out that using their appeals form (on the reverse of their letter) shows that you acknowledge the offence, but writing to confirm that you do not recognise it as a legitimate fine is ok.

    It's in the post now, so I'll let you know what happens.
     
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  6. Muffking

    Muffking God Like

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    Silly buggers are still trying.
    Just received this letter saying that their T's&C's mean they don't have to stick to the law that covers parking on private land (Protection Of Freedoms Act 2012), yet this is the same act that they have used to pay the DVLA for keeper details and fine the keeper. Sound like double standards. They want to use the act when it suits them, but ignore the law and stick to their T's&C's rather than the act to enforce a fine???

    [​IMG]
    [​IMG]

    My response:-

    Dear Sir/Madam.

    I wrote to you previously confirming that I do not recognize your PCN as a valid charge against me. Unfortunately you wrote to me again on 21st Sept 2016 to inform me that you do not accept that you have to adhere to POFA 2012 as law regarding the PCN.


    By your own admission in your letter dated 21st Sept 2016, by attempting to pursue the registered keeper under the assumption that the named was the driver at the time of the alleged offence you are in fact already using the Protection of Freedoms Act 2012 in order to attain keeper details, the same law that you deny applies in this case.


    I must remind you again that your PCN fails to fall within the Protection of Freedoms Act 2012, section 56, sub-section 9, sub-paragraph 5 regarding your late Notice To Keeper. This is the last word when it comes to the law and stating your own terms & conditions in no way absolves you form having to adhere to the POFA 2012.


    Your letter also states that you have refused my appeal, yet I must point out that I have not made an appeal to a PCN. Doing so would have required me to have completed and returned your preformatted form. I have however written a letter previously to confirm that I do not recognize your parking charge notice as a valid and enforceable charge.


    On this basis I confirm that I will not be paying your PCN as I am satisfied that you have failed to issue a Notice To Keeper within the timeframe as required by law.


    Regarding my charges to you, I am within my right to charge for my time, inconvenience and costs. Therefore if there are any further attempts by VCS Ltd to pursue this notice then you agree to pay me £17 for reading any further letters received from you (priced per letter), £34.10 per my reply and a further £35 for inconvenience and stress caused by each letter I receive. You also agree to pay my previous bill of £98.66.


    Also, further attempts from VCS to pursue this charge will be taken as harassment and used against you in court as I have made my position clear on this matter and no amount of harassment from you will change your legal responsibility to work within the law.
     
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  7. si1000repsol

    si1000repsol Well-Known Member

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    We recieved similar where I drove the other halfs car. We ignored the Parking charge notice as they want you to panic and reply but at the end of the day she is not required in law to indentify the driver. If they did pursue us any prosecution would fail as she was not driving.
     
  8. NBB

    NBB Active Member

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    Nothing is greater than the law, regardless of their own terms and conditions, the law is the law. This does remind me of a piece on 8 out of 10 cars does countdown, when Joe Lycett replied to a parking notice. Was funny as.
     
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  9. Muffking

    Muffking God Like

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    I was kind of hoping that to be the case. It's no different to when you buy something, nothing affects you statutory rights.
    In the mean time I'll have to look that video up.
     
  10. NBB

    NBB Active Member

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    This is the one mate.
     
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  11. Naz

    Naz Active Member

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    They cannot legally enforce the notice as the only way they can pursue the claim to recover the charge is by taking you to a small claims court and that will cost them, they will only send you these duff notices hoping you will pay
     
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  12. Naz

    Naz Active Member

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    Look online under private Parking contractors penalties
     
  13. Naz

    Naz Active Member

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    Most organisations can obtain your details from the dvla as them sodds sell the info, people get worried when they receive a notice because they have been traced using the registers keeper details and this makes them believe it to be all ligit and official which to some extent it isn't.
     
  14. graemewalker

    graemewalker Elite Member

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    After a second read I have to admit the letter of the year must remember to save for future ref
     
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