VCS ticket at my apartment block

From: Ross

Hi

My parents visited me when vcs had just been introduced to my apartment block. No visitors spaces had been formalised (and still haven’t) and they displayed badge.

They got a ticket whilst parking in a non obstructive sensible spot. To add insult other cars have parked in non visitor spots without penalty since and I believe the management company have had some tickets cancelled due to the confusion.
Do they have a leg to stand on?
Please help and will be happy to donate to sight as a thanks.
Best wishes
Ross

Hi Ross. Unfortunately management companies often employ private parking companies to manage private shared parking areas. The management company’s intention is to stop abuse of the car park (e.g. from non-residents), whereas parking companies intention is to issue as many tickets as possible, even if it’s to the detriment of the residents.

What usually makes these tickets easy to fight is that your lease and deeds won’t typically mention any conditions of parking in the space(s) assigned to your apartment. That means that the management company wouldn’t have any right to manage parking on your land, and therefore any contractual parking charge would be worthless.

Now, in this case, it’s not particularly clear cut. Your parents aren’t actually residents and they weren’t parked in a marked parking space (I assume from your email). That land would be owned by the landowner of that piece of land (presumably not you), and they can put in place any management arrangement they like.

On the assumption that is the case, they may have had the right to issue the ticket. As such, you then need to look at options for fighting the ticket on other grounds. What does the signage say? Does it explicitly say they should not park where they did? Was the sign lit if it was dark at the time? Consumer law says that if there is any ambiguity in the contract (the sign) then it should be interpreted to the benefit of the consumer.

Vehicle Control Services (VCS) are a member of the Independent Parking Committee (IPC). The IPC’s Independent Appeals Service (IAS) is not at all transparent in its dealings, unlike the BPA’s POPLA appeals service. As such, there aren’t any known ‘slam dunk’ winning arguments to get their tickets cancelled. You would be wise to seek counsel for your case on one of the parking forums where you can go into detail about your ticket (e.g. provide photos etc).

The last point is that you should complain to the management company. You say they’ve not formalised the visitors spaces yet – well, why not? Is it fair that they should be issuing tickets if the scheme is not set up correctly yet? It may be that the management company can get VCS to cancel the ticket, so its worth pursuing.

Best of luck, PC

 

 

Posted in blog, readers emails
One comment on “VCS ticket at my apartment block
  1. Ross Davies says:

    Hi,

    many thanks for the response. Basically there are meant to be 2 visitor spaces once arranged. At present 4-6 cars parke without punishment, but during this confusion it appears that one day they decided to put a fine on a car.

    the incosistency is very annoying, but from a legal point of view can a visitor even enter an agreement if there are no marked visitor parking bays? why even have the visitor passes available until it is actually possible to to follow the rules with clarity.

    Initially I will be fighting this case on my own as it has irked me, but if I sense I am losing the battle and need assistance do you think your sister company could compile a case given the facts that I could not.

    Other points are:

    signs on entry have folded over with the wind so no clear sign is visible to the space where the charge was made.
    as said no visitor spaces exist at present despite management company saying they would be created ahead of the system being put in place.
    other people have had tickets cancelled for allowing people parking in their space with a visitor (not numbered bay) pass – this was down to poor communication of management company.

    if not i will throw the kitchen sink before paying as i hate the fact that my parents (who arent minted by any stretch) have been punished by these a$$es.

    Anyway rant over and again, many thanks for your input.
    Ross

Support this site!

All of the information on this site is provided for free. However, it does cost money to develop and run the website. If you have found the information on here helpful, please consider a small donation. Thank you!

Save-o-meter

This site has helped motorists avoid paying £6,803,022 in private parking charges since November 2013. Click here for more details.