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Thread: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

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  1. #1
    Mrsamward35's Avatar

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    Default parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    I received a parking charge notice on my car last June. I had parked in a local non manned train car park apparently owned by Centro. Parking is free and I did think without restrictions. However, on my return at 8pm the penalty was on my windscreen. Signs had apparently gone up before to say that you must park in a bay etc and i had parked not on any hatched area but in an unmarked space which wasn't blocking anyone in. Myself and others have always struggled to park in this car park as it is so busy, having parked up on grass verges or the kerb at some point. I didn't want to park on the main road outside the exit as there is a sharp bend on one side and then the other way is the hump back bridge over the railway so this is far too dangerous to use. I didn't see the new rules on the signs as I hadn't parked there for probably over 9 months and if i had looked at the signs I probably wouldn't have thought the rules had changed, the heading was park and ride though it did have other information on it.
    On the morning in question I couldn't find any parking spaces at all at 9.30am, all had been taken by commuters I imagine. The following day, unusually I had to make the same journey but at approx 11am and there was only one space remaining which i took. On my return 2 1/2 hours later, i drove around the car park specifically to check for spaces and there were none!
    The car park is getting busier and busier due to another 3 housing estates having been built nearby and there is inadequate parking provision. There was a survey done last March in the said car park consulting with commuters and a plan is in the pipeline to provide another 241 spaces. My local councillor has said that this will not be for another 12 months or so and they had provided more disabled spaces before, a total of 9, but there are too many and are not fully utilised.
    So, i was charged 60 pounds initially then after 28 days it went to 100 pounds. I have had 3 or 4 letters before Christmas from Vehicle Control Services saying they would pass my debt on if i didn't pay 160.00. I have now received a letter from BW Legal in Leeds which I have since learnt is a glorified debt collector. They are saying I will have to pay costs if it goes to court should I not pay, a total now of 239.34. The thing is, twice in their letter it states 'pay by' and it is left blank!
    I feel like I should offer the initial 60.00 to just make it go away and save the hassle hopefully but I have come this far at standing up for what i believe is right, but am i wrong? Ive ignored them so far as i feared that if i tried to appeal early on through their channels, i wouldn't be listened to and be given no public forum to air my case. I think i have a good case as Centro are not providing adequate parking for the extensive number of residents now in the area and are seemingly slow to act. Also if they are not charging for parking then I think their demands are excessive as they are not losing any revenue. I have taken pics of where I parked and I am definitely not blocking anyone in and it is in fact a 'space' i used to park in prior to the new rules. If you think I have no case and no chance of winning in small claims then please let me know. Can I offer them a nominal fee to save time and effort all round and ask them to waive the fees? Everyone should be judged on their own merit and I would definitely not have done this intentionally. Also do I definitely have to attend Court or can I send my defence in writing?

  2. #2
    Mrsamward35's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    Sorry, just to clarify BW Legal are still requesting I pay 160.00 by no date given and if I don't it will then be 239.34

  3. #3
    leclerc's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    @mystery1 is this something in your domain?
    Welcome to the forum and I'm just alerting someone who may be able to be more helpful than me
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

  4. #4
    Mrsamward35's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    Many thanks!

  5. #5
    mystery1's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    The main crux of the matter boils down to whether or not byelaws apply and/or whether they know the drivers identity (as opposed to obtaining the registered keepers details).

    I would take pictures of the signs.

    M1
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    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

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  6. #6
    Kati's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    @mystery1 xx
    Attached Thumbnails Attached Thumbnails IMG_9973.jpg   IMG_9974.jpg   IMG_9977.jpg  
    Attached Files Attached Files
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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  7. #7
    mystery1's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    Do you have an actual court claim or are they just threatening court action ?

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  8. #8
    mystery1's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    Can i see the ticket with personal info removed ?

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  9. #9
    Kati's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    @mystery1 xx
    Attached Files Attached Files
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  10. #10
    mystery1's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    Edit to suit


    Dear BW Legal,


    I write in response to your letter before claim dated xxxx 2016, the contents of which are noted.


    As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).




    As well as the information already requested please answer the following questions :-


    What type of car park is it ?

    What contravention gives a cause of action ?

    Are there byelaws in force ?

    How is the £xxxx made up ?
    Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.




    Having done some research on your claims i request that if you ignore my requests for information that your claim complies with






    CPR 16


    Contents of the claim form
    16.2
    (1) The claim form must –
    (a) contain a concise statement of the nature of the claim




    Contents of the particulars of claim
    16.4
    (1) Particulars of claim must include –
    (a) a concise statement of the facts on which the claimant relies;






    Practice direction 16


    Other matters to be included in particulars of claim


    7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




    Practice direction 22




    Who may sign the statement of truth
    3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by




    (2) the legal representative of the party or litigation friend.








    3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.




    3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.




    3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.






    Practice direction 7E


    Signature
    10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.




    As your client should be aware, they did not respond to my appeal. Further any contract would be frustrated as the driver had to be rushed to hospital and was kept in overnight.




    I await your response.




    Yours sincerely








    Send via email if possible.




    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  11. #11
    Mrsamward35's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    Many thanks. Judt to clarify. Shall I copy it all out with all the points to send? Also is there any points I can add about inadequate provision or shall I leave that for now or not mention at all?

  12. #12
    mystery1's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    Just email pretty much as it is. If you want to add anything just make sure you do not disclose who the driver was.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  13. #13
    Mrsamward35's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    Thank you for your speedy reply. I am still not clear about your last paragraph and what i should enclose in my first letter to them.
    As your client should be aware, they did not respond to my appeal. Further any contract would be frustrated as the driver had to be rushed to hospital and was kept in overnight.
    Firstly, i have not made any contact at all so no appeal made. Also
    I didn't have to be rushed into hospital and kept overnight, what do you mean by this?

  14. #14
    mystery1's Avatar

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    Default Re: parking charge notice/ VCS- Vehicle Control Services (based in Sheffield)

    I didn't have to be rushed into hospital and kept overnight, what do you mean by this?
    That was in there for someone else and needs editing out. It was still in there as i copied from another post and didn't read it through thoroughly.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

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