Vehicle Control Services Ltd - how do I get rid of them?

[merlin100]

My lad has struck again!

He lives in a block of flats that all have their own designated parking bays, the car park is behind electric gates with a key-code so unathorised parking is highly unlikely!

Today hes gone to his car - which was in HIS bay and found an £80 Parking Notice for not displaying his permit.

He rang them - like a fool - to be told they now had a contract with the owners of the flats as they had had many complaints about unathorised parking!

Luckily he realised he was getting nowhere and put the phone down.

He had no pre-warning of this. But when he checked his external letter box he found a permit that had been posted around a week earlier.

If the "charge" is not paid within 7 days it rises to £120.

So basically I need to know if they have a "right" to do this after what Ive read about them, also is there a template letter I can use to make them go away?

Secondly, if he simply ignores them as seems to be mainly the advice on CAG, is there a chance that VCS may eventually go for a CCJ?

Many thanks all

[Space Cadet uk]

Bin it. It wont go anywhere near court.

[SURFBOY]

For VCS to go for a CCJ they would have to win any case they present at court, as your son has a permit to park i can not see how they could even have a case to bring, nevermind win!

[merlin100]

Hi Surfboy, thanks.

The charge is for "not displaying" the permit - sorry, maybe I should have been a little clearer with that. However, he had no prewarning that things were about to change.

Does this alter anything?

Thanks

[dx100uk]

ignore!!

 

dx

[crem]

The charge is for "not displaying" the permit - sorry, maybe I should have been a little clearer with that.

 

So would you like to estimate what you think their ACTUAL FINANCIAL LOSE is based on the fact he didn't display his permit? I'll give you a clue to my guess ... I think somewhere between £0.01 and -£0.01

[merlin100]

Ok guys, got the message loud and clear and many thanks:-)

So you are all pretty certain that VCS would NEVER try for a CCJ?

I only ask this because if they were to types to try it -- DADDY HERE will have to pay lodge any defence!!!

But Ta all.

[esmerobbo]

What do you think the chances are of VCS [Excel] saying to a county court, we want this man to pay us £100 because he parked in his own parking place which he holds the lease on???

 

The parent company Excel have tried court on cases were they thought they had a good case, normally P&D car parks! They have been spanked each time, cant see them trying on this one!

[The Slithy Tove]

All of the above arguments are pretty irrelevant, the reason being that VCS have probably acted unlawfully in the first place. While you'll have to check the lease to make sure, it's quite likely that the lease talks about the numbered, allocated parking space, in which case it "belongs" to the leaseholder, and he doesn't have to justify parking there. The permit scheme cannot be imposed by the management company. Any attempt to interfere with his car parked there is trespass. Any attempt to impose additional conditions beyond what the lease states so much baloney.

 

After checking the lease, you now need to go to the management company, and tell them that they cannot impose such a scheme, and they will be jointly liable for any losses incurred by their agent's (VCS) actions. They can only place parking schemes in communal areas, e.g. visitors parking places. (They'll probably claim otherwise, but that's just so much BS based on ignorance.)

 

In answer to the OP's questions, no, they have no right whatsoever to demand any amount of money. And to make them go away, the management company is the route to go by. Don't bother approaching VCS.

[merlin100]

Interesting that is Slithy. Will have a look at his lease and post back what it says.

[Jamberson]

So I can park in someone's numbered, allocated parking space whenever I please, as it's illegal to carry out enforcement there? I find that very hard to believe.

[crem]

So I can park in someone's numbered, allocated parking space whenever I please, as it's illegal to carry out enforcement there? I find that very hard to believe.

 

Why not? It would be extremely antisocial of you towards your neighbours, but not "illegal"

[Jamberson]

I meant the enforcement is illegal, not the parking. Dependant on the terms of the lease, Slithy says they are acting unlawfully.

[paulo pepper]

Not sure if I'm in the right place but; I'm well aware of the ignoring proceedure for these PCNs and my girlfriend has done this earlier in the year and after three letters they gave up. I have a slightly differnt problem. I have received a PCN from VCS for a fee paying car park. Thing is I have the ticket with my car reg on it, expiring at 16.38 and the letter says time of offence 16.13! Just wondered if there's any fun can be had with this?

[havinastella]

Not sure if I'm in the right place but; I'm well aware of the ignoring proceedure for these PCNs and my girlfriend has done this earlier in the year and after three letters they gave up. I have a slightly differnt problem. I have received a PCN from VCS for a fee paying car park. Thing is I have the ticket with my car reg on it, expiring at 16.38 and the letter says time of offence 16.13! Just wondered if there's any fun can be had with this?

 

You could write to them with a copy of the ticket, asking for a partial refund!

[The Slithy Tove]

I meant the enforcement is illegal, not the parking. Dependant on the terms of the lease, Slithy says they are acting unlawfully.

IANA Lawyer. However, if you browse other forums, there are numerous cases where PPCs have done worse, e.g. clamp/tow, in similar circumstances. The opinion is that they are committing a Tort (interference with goods, I thnk) and unlawful trespass in their actions, as they have no right to do so, and are in contravention of the Human Rights Act in that it gives you the right to peacefully enjoy your property (which includes the allocated parking space).

 

As long as issuing Parking Charge Notices is as far as they go, you can safely ignore them. If there are signs up about clamping or towing, then you need to be procative to prevent it happening, even though they have no right so to do.

[sameagle]

The next time you are flanked by a couple of bods, each weighing about eighteen stones, determined to clamp/tow your car, trying quoting,

 

"You are committing a Tort (interference with goods, I think) and unlawful trespass in your actions, as you have no right to do so, and are in contravention of the Human Rights Act in that it gives me the right to peacefully enjoy your property (which includes the allocated parking space)."

 

I'm quite certain that they will say, "Yes, of course you are correct, how silly of us, we'll go away"

[patdavies]

, and are in contravention of the Human Rights Act in that it gives you the right to peacefully enjoy your property (which includes the allocated parking space).

 

This bit about the HRA is total nonsense.

 

The HRA regulates the relationship between the State (ie public bodies) and the individual. It does not apply to individuals or private companies.

[Jamberson]

IANA Lawyer. However, if you browse other forums, there are numerous cases where PPCs have done worse, e.g. clamp/tow, in similar circumstances. The opinion is that they are committing a Tort (interference with goods, I thnk) and unlawful trespass in their actions, as they have no right to do so, and are in contravention of the Human Rights Act in that it gives you the right to peacefully enjoy your property (which includes the allocated parking space).

 

Which other forums are you referring to?