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#Post#: 69848--------------------------------------------------
PCN Chester Private Car Park
DIR By: 3Sh3roo
Date: May 3, 2025, 7:23 am
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The driver was parked here, they actually live there and always
display the permit yet still got fined, they are not the
registered keeper however.
Please advise a typical template I can use to fight this.
Thanks.
[attachment deleted by admin]
#Post#: 69855--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: jfollows
Date: May 3, 2025, 8:03 am
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Firstly, you need to find your lease assuming you’ve got one for
the property because its terms trump any nonsense from parking
companies like these, if your lease says you can park then you
aren’t required to also display a “permit”. If you’re an owner,
you may still have a lease which covers parking spaces etc.
So no “template” but once we are clear of some facts it won’t be
hard to come up with something.
It’s not a fine, it’s a speculative invoice.
#Post#: 69868--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: b789
Date: May 3, 2025, 10:38 am
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As above, what does your lease/AST say about parking? What it
doesn't say about parking is equally important.
You should be aware that VCS are a nasty vexatious company of
ex-clampers who will pursue this all the way to a court claim.
However, that is a good thing for you because they have little
hope of actually winning if they ever let it get as far as a
hearing.
Their Notice to Keeper (NtK) I snot fully compliant with all the
requirements of PoFA 2012. Namely, paragraph 9(2)(a) because
there is no period of parking noted on the notice.
Because they have failed to fully comply with all the
requirements of PoFA, they cannot transfer liability from the
unknown (to them) driver to the known Keeper. There is no legal
obligation on the known Keeper to identify the unknown driver to
an unregulated private parking company.
What this also means that there is no evidence that the vehicle
was stopped for longer than the minimum consideration period for
a contract to have been formed. Not that any of this issuing to
stop them from rejecting the appeal, but it does put them on
notice that you are prepared to go all the way and that you know
about their tactics.
They will try and scare the low-hanging fruit on the gullible
tree to pay out of ignorance and fear.
For now, tell us what the lease/AST says about parking at the
property.
#Post#: 69878--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: 3Sh3roo
Date: May 3, 2025, 11:44 am
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Thanks for the prompt response, please see attached blank copy
of the rental agreement, the driver has been staying there from
July'24 and always displayed the permit and parked in their
allocated space, in fact the permit is lying on their dashboard.
Sadly, we can't really prove that and it's not showing that it's
missing in their photo. All advise is appreciated.
[attachment deleted by admin]
#Post#: 69884--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: b789
Date: May 3, 2025, 12:25 pm
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So, assuming that no other addendum are applicable to that AST,
this is what your rights are under that Tenancy Agreement:
As the tenant and registered keeper of the vehicle, your tenancy
agreement grants you the exclusive right to park in your
allocated space. Specifically:
[indent]• Clause 2.15 of your AST confirms you may “only park in
the space allocated to you.”
• This means you already have the right to use that space by
virtue of your tenancy. No further permission, permit, or
contract is required.
• Your AST is a legally binding contract between you and your
landlord. It gives you stronger rights than any signs or demands
posted later by a third party.[/indent]
What your AST does not do:
[indent]• Your AST does not require you to display a permit.
There is no such clause.
• Your AST does not authorise the managing agent or any third
party (such as VCS) to impose additional conditions like parking
charges, penalties, or permit rules.
• Your AST does not incorporate the terms of any signage or
private parking scheme into your tenancy.[/indent]
Why VCS cannot override your tenancy:
[indent]• A third party like VCS cannot create a binding
contract with you just by putting up signs in a car park when
you already have rights under your AST.
• You cannot be bound by terms (such as displaying a permit or
paying a charge) that you did not agree to and are not in your
contract.
• Your right to park in your allocated space arises from your
tenancy agreement and is not conditional on accepting the terms
of any third-party signage, including that of VCS. As such, no
separate contract with VCS can be formed or enforced in relation
to your use of that space.[/indent]
So, your AST grants you the right to park in your allocated
space. It does not require you to display a permit or agree to
any third-party terms. VCS cannot impose additional requirements
on you or override your tenancy rights using signs or photos. If
they issue a Parking Charge Notice, you can challenge it on the
basis that no contract was formed, because you already have
parking rights under a separate, superior contract.
Is there a management company that handles the day to day
running of the buildings? If so, have you asked them to get the
PCN cancelled?
For now, appeal with the following:
--- Quote ---
> Subject: Formal Appeal against PCN Ref [INSERT PCN REF] – VRM:
[INSERT VRM]
> To: Vehicle Control Services Ltd
>
> I am the registered keeper of the vehicle referenced above and
I write to formally challenge the Parking Charge Notice issued
at Signal Court Residential Car Park, Chester.
>
> The alleged contravention is stated as: "Parked without
displaying a valid ticket/permit."
>
> 1. No Breach of Terms – Pre-Existing Right to Park
>
> I am a lawful tenant at Signal Court and have an Assured
Shorthold Tenancy Agreement (AST) that grants me exclusive use
of an allocated parking space. The agreement includes the right
to park in that space but does not require the display of any
permit or acceptance of any third-party terms. Therefore, your
signage cannot override the rights granted to me under my
tenancy.
>
> Any previous display of a permit was done entirely out of
courtesy, not because of any requirement to do so under the
terms of my tenancy agreement.
>
> This position is supported by Saeed v Plustrade Ltd [2001]
EWCA Civ 2011 and Jopson v Homeguard [2016].
>
> 2. No Contract Was Formed with VCS
>
> Even if a permit was not clearly visible, which is denied,
your own photographs do not show that a permit was absent.
Furthermore, no contract was formed between the driver and your
company. The driver did not accept your terms, nor was any
consideration given. The car was parked under existing rights
granted by a tenancy agreement.
>
> You have also failed to show that the vehicle was parked for
longer than the minimum consideration period, during which the
driver is entitled to review the terms. Without this, no
contract could have been formed in any event.
>
> 3. Non-Compliance with PoFA 2012 – No Keeper Liability
>
> Your Notice to Keeper fails to comply with Schedule 4,
Paragraph 9(2)(a) of the Protection of Freedoms Act 2012, as it
does not specify a “period of parking.” A single timestamp is
insufficient. As a result, no keeper liability can arise, and I
am under no obligation to identify the driver.
>
> Conclusion
>
> There was no breach of contract, no legal basis for your
charge, and no consent to your terms. As the registered keeper
and lawful occupier, I require that you cancel this PCN
immediately.
>
> If you reject this appeal, I require:
>
> [indent]1. A full explanation and the evidence you rely on;
> 2. A copy of your contract with the landowner showing your
legal standing.[/indent]
>
> I am fully familiar with your modus operandi. You may choose
to be as vexatious as you like with your predictable rejection
and empty debt collection threats, but we both know how this
plays out. You will eventually attempt to litigate, as is your
standard business model. Be assured: if you are foolish enough
to push this far, you will be met with a full and detailed
defence exposing the illegitimacy of this charge, the absence of
any contractual authority, and your failure to comply with
statutory requirements. You have no hope of success in court,
and I will pursue a costs order under CPR 27.14(2)(g) for
unreasonable conduct.
--- End Quote ---
#Post#: 69885--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: b789
Date: May 3, 2025, 12:34 pm
---------------------------------------------------------
You should also make a complaint to the DVLA. Here’s how to make
a DVLA complaint:
[indent]• Go to:
HTML https://contact.dvla.gov.uk/complaints
• Select: “Making a complaint or compliment about the Vehicles
service you have received”
• Enter your personal details, contact details, and vehicle
details
• Use the text box to summarise your complaint or insert a
covering note
• You will then be able to upload a file (up to 19.5 MB) — this
can be your full complaint or supporting evidence
That’s it.[/indent]
The DVLA is required to record, investigate and respond to every
complaint about a private parking company. If everyone who
encounters a breach took the time to submit a complaint, we
might finally see the DVLA take meaningful action—whether that
means curtailing or removing KADOE access altogether.
For the text part of the complaint the webform could use the
following:
--- Quote ---
> I am submitting a formal complaint against Vehicle Control
Services Ltd (VCS), an IPC AOS member with DVLA KADOE access,
for unlawfully obtaining and misusing my personal data in breach
of the Private Parking Single Code of Practice (PPSCoP) and the
DVLA’s KADOE contract.
>
> VCS had no reasonable cause to request my data. The vehicle
was parked in a residential space over which I hold enforceable
rights under a tenancy agreement. No contravention occurred, and
VCS had no legal or factual basis to pursue a parking charge or
to claim a breach of any displayed terms. Their request for my
keeper data was therefore unlawful from the outset.
>
> Even if that were not the case, their subsequent use of the
data also breached the PPSCoP. The DVLA, as Data Controller, is
responsible for ensuring that all access and use of data
complies with the Data Protection Act 2018 and UK GDPR. I
request that this misuse is investigated and that appropriate
enforcement action is taken.
>
> I have attached a supporting statement and request
confirmation of receipt and a complaint reference number.
--- End Quote ---
Then you could upload the following as a PDF file for the formal
complaint itself:
--- Quote ---
> SUPPORTING STATEMENT
>
> Complaint to DVLA – Breach of KADOE Contract and PPSCoP
>
> Operator name: Vehicle Control Services Ltd (VCS)
> Date of PCN issue: 16/04/2025
> Vehicle registration: [INSERT VRM]
>
> I am submitting this complaint to report the unlawful access
and misuse of my personal data by Vehicle Control Services Ltd
(VCS), who obtained my keeper details from the DVLA under the
KADOE (Keeper At Date Of Event) contract.
>
> VCS had no reasonable cause to request my data in the first
place. I am the lawful tenant of the property where the alleged
contravention took place. My Assured Shorthold Tenancy Agreement
(AST) includes the right to use an allocated parking space. That
agreement does not require the display of any permit, nor does
it incorporate any third-party signage or parking scheme.
>
> VCS issued a Parking Charge Notice based solely on the alleged
non-display of a permit, despite the fact that:
>
> [indent]• I have a pre-existing legal right to park in that
space;
> • The AST does not impose a permit requirement;
> • VCS has no contractual authority over that space;
> • Their own photographic evidence does not show any breach;
> • They have provided no evidence that the vehicle remained for
longer than the minimum consideration period required under the
PPSCoP, and so no contract could have been formed.[/indent]
>
> These facts mean that VCS had no lawful basis to claim a
breach of terms or to pursue a parking charge — and therefore no
lawful basis to access my keeper data from the DVLA.
>
> In addition, their subsequent use of my data — to pursue a
charge they were not entitled to issue — constitutes a misuse of
personal data and a breach of the Private Parking Single Code of
Practice (PPSCoP). Their Notice to Keeper purports to rely on
the Protection of Freedoms Act 2012 (PoFA), but fails to comply
with Paragraph 9(2)(a), as it does not specify a “period of
parking.” A single timestamp is insufficient and renders the
notice invalid for the purpose of establishing keeper liability.
>
> The DVLA's KADOE contract makes clear that data may only be
used to pursue unpaid charges in full compliance with the Code
of Practice. Once that condition is broken — either at the point
of access or through later misuse — the processing of that data
becomes unlawful.
>
> I therefore request that the DVLA investigates this matter and
takes appropriate enforcement action against VCS under the KADOE
contract. This may include:
>
> [indent]• Confirming that a breach has occurred
> • Taking enforcement action against the operator
> •Suspending or terminating their KADOE access if
warranted[/indent]
>
> I have attached relevant supporting material with this
statement. Please confirm receipt and provide a reference for
this complaint. I am also happy to provide further information
if required.
>
> Name: [INSERT YOUR NAME]
> Date: [INSERT DATE]
--- End Quote ---
#Post#: 69892--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: 3Sh3roo
Date: May 3, 2025, 2:14 pm
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Thanks so much for the detailed response. I also contacted the
landlord who advised that they should post a pic of the car
windscreen showing that there is no permit and asked to see the
PCN, which I have sent.
#Post#: 69907--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: 3Sh3roo
Date: May 3, 2025, 4:38 pm
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Darn, just checked the pics online, it seems they have pics of
the windscreen and the permit cannot be seen. I am assured by
the driver that is is there and the angle they took the pics
from doesn't show it! Should I amend the appeal about the part
stating photographs not showing the permit was absent?
#Post#: 69927--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: b789
Date: May 4, 2025, 5:14 am
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No, just leave it as it is. There is no obligation to show a
permit to park in the tenants assigned parking space.
If I put up a sign that says you must wear a blue hat on
Wednesdays and if you don't, you will owe me £50, do you think I
could enforce it in any way?
The PCN is nothing but a speculative invoice for an alleged
breach of contract by the driver. Why on earth would anyone just
pay an invoice because someone just sent one to them out of the
blue?
#Post#: 69951--------------------------------------------------
Re: PCN Chester Private Car Park
DIR By: 3Sh3roo
Date: May 4, 2025, 9:03 am
---------------------------------------------------------
Thanks for this, the landlord has advised they will speak to the
management company on Tuesday, let's see if they see sense
before I send my appeal.
I did point out to the landlord that the AST trumps whatever VCS
are trying to impose, I'm getting the feeling they're feeling
exposed as their AST does not mention anything about permits,
private parking schemes etc...
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