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#Post#: 114513--------------------------------------------------
VCS PCN received after store closing hours
DIR By: holycow
Date: March 26, 2026, 12:35 pm
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Hi everyone,
My cousin thought it was safe to use the Topps Tiles car park
after store closing hours
HTML https://emoji.tapatalk-cdn.com/emoji85.png.
The store have said
they can't cancel it as it was outside of their operating
times.
The PCN was only passed on to me today and 16 days have passed.
What's the best route to appeal?
HTML https://drive.google.com/drive/folders/156va0NhCWbrev19DeBrmoaYNnJCw2zrW
PCN here:
#Post#: 114517--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: jfollows
Date: March 26, 2026, 12:52 pm
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If the driver is not identified, there is a technical appeal
that the legislation,
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4,
has not
been complied with.
--- Quote ---
> 9(1)A notice which is to be relied on as a notice to keeper
for the purposes of paragraph 6(1)(b) is given in accordance
with this paragraph if the following requirements are met.
>
> (2)The notice must—
>
> (a)specify the vehicle, the relevant land on which it was
parked and the period of parking to which the notice relates;
--- End Quote ---
because there is no “period of parking” on the notice.
#Post#: 114566--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: ixxy
Date: March 27, 2026, 3:27 am
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I can't see any mention of POFA on that PCN full stop. Don't
identify the driver and appeal on the basis they can't legally
hold the keeper liable as they haven't complied with any of the
terms of POFA.
#Post#: 114569--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: InterCity125
Date: March 27, 2026, 3:34 am
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--- Quote from: ixxy link ---
>
> I can't see any mention of POFA on that PCN full stop. Don't
identify the driver and appeal on the basis they can't legally
hold the keeper liable as they haven't complied with any of the
terms of POFA.
>
--- End Quote ---
There's no actually requirement for the PCN to mention PoFA in
it's wording although I accept many PCNs do specifically mention
PoFA.
Normally, non PoFA PCNs from VCS contain wording which states
"we can pursue the keeper under the reasonable assumption that
the keeper was the driver" or words to the effect.
To me it is unclear weather they are relying on PoFA.
But the notice is missing some key wording from para 9(2)(f).
#Post#: 114610--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: March 27, 2026, 9:38 am
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Thanks. I would've thought they covered 9(2)(f) in the last
paragraph of page 1 of the NTK. What's missing?
--- Quote from: InterCity125 link ---
>
> [quote author=ixxy link=topic=10368.msg114566#msg114566
date=1774600037]
> I can't see any mention of POFA on that PCN full stop. Don't
identify the driver and appeal on the basis they can't legally
hold the keeper liable as they haven't complied with any of the
terms of POFA.
>
--- End Quote ---
There's no actually requirement for the PCN to mention PoFA in
it's wording although I accept many PCNs do specifically mention
PoFA.
Normally, non PoFA PCNs from VCS contain wording which states
"we can pursue the keeper under the reasonable assumption that
the keeper was the driver" or words to the effect.
To me it is unclear weather they are relying on PoFA.
But the notice is missing some key wording from para 9(2)(f).
[/quote]
#Post#: 114611--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: jfollows
Date: March 27, 2026, 9:40 am
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The “period of parking”, as I’ve already said.
#Post#: 114615--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: InterCity125
Date: March 27, 2026, 9:46 am
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9(2)(f) specifies;
The notice MUST warn the keeper that if, after the period of 28
days beginning with the day after that on which the notice is
given—
(i)the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a
current address for service for the driver,
the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that amount as remains unpaid;
The legislation requires that the notice must, amongst other
things, warn the keeper that the parking operator is required to
meet 'all applicable conditions' under Schedule 4 in order to
hold the keeper liable for the unpaid charges.
The VCS notice does not do this and the sentence underlined
above is missing - this renders the notice non-compliant.
#Post#: 114618--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: March 27, 2026, 9:50 am
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Brilliant!
Great to have eagle eyed pro's like you on our side
HTML https://emoji.tapatalk-cdn.com/emoji119.png
Cheers
#Post#: 114619--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: DWMB2
Date: March 27, 2026, 9:56 am
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For the sake of clarity, none of us are actually pros. This is
free advice from volunteers!
So that you know what to expect, neither VCS nor the IAS are
likely to uphold your appeals, but you will then have a chance
to argue the case at court.
#Post#: 115574--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: April 10, 2026, 5:20 pm
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VCS Appeal rejection letter now received.
Do I appeal to IAS on the same grounds?
HTML https://drive.google.com/file/d/15nxB2Y57vwuU3Xoiu_Dmo1eInxhkHxen/view?usp=drivesdk
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