This is because the signage is all in the name of a different parking company, Excel Parking Services.
The signage helpfully says, "By parking on this private car park you are entering into a contract with Excel Parking Services Ltd."
Now, VCS could get involved in parking management at this site in a number of ways.
1) VCS could act as debt collectors, and collect monies on behalf of Excel.
2) Excel could legally sell the charge to VCS (subject to DVLA permission) by completing deeds of assignment
3) VCS could change the signage, and collect monies on behalf of themselves
They have gone for option 3, but this only affects new charges, not historic ones.
What this therefore means is that when VCS file charges against motorists for this site, they have no right of action. Only Excel would have, but as Excel have never contacted the motorist, this would present its own difficulties.
VCS are of course fully aware of this, but this does not stop them filing claims. They know that most motorists will take fright at the sight of a claim form, and pay up; so VCS play the numbers and file anyway.
When the motorist points out the flaws in the case they bluff and bluster. Here is a typical letter from legal muppets, BW Legal, "explaining" that VCS can pursue a claim.
The bluff did not last long - 3 days. Here is the next letter discontinuing the claim.
Prankster Note
You have to despair at the legal profession if their level of knowledge is such that they think one person can claim for a contract formed with a different person. This is Contracts 101. The situation worsens when you find out that BW Legal have been awarded Legal Team of the Year 2016. This means there are large numbers of lawyers out there who are even more incompetent than BW Legal.
Happy Parking
The Parking Prankster
At which awards ceremony though did they win Legal Team of the Year?
ReplyDeleteJust click on the link!
Delete"BW Legal has been awarded “Legal Team of the Year” at the CICM British Credit Awards 2016."
That letter from BW Legal is a damned right lie. The matter needs taking up with the SRA. I'm sure that the first lesson on day 1 at Solicitor school teaches them contract law so there is no excuse, this is tantamount to perverting the cause of justice.
ReplyDeleteEven as we converse, there are more Albert Street claims ongoing which they have not discontinued
DeleteI received a PC from VCS Albert St for June last year. Would you know if the signage was still with Excel at the time?
ReplyDeleteThey changed it by then. However, the machines are poor quality. Perhaps the PCN was issued even if you bought a ticket, as has happened to many people
DeleteWe received an ANPR in the post from VCS for Albert st. but the address on their correspondence is as: Albert Street Birmingham B5 5JH (The Development). The postcode on g-map is showing as Park Street, so we don't even know what carpark are they even referring to? Is that something to bring up in defence?
Delete