PCN fine - advice on how to proceed, if anyone would be so kind...

When you get the NtK, you need to go on the offensive if the basis of charge is an IPC contractual one which attempts to get round GPEOL.
They claim it is a charge you agreed for a service - parking. Well if it is, then the NtK is a proforma invoice and will be deficient.

Apart from any failures under POFA that c-m will advise on, you need to hit them with a letter similar to the following when you get the NtK. Amend as necessary.

This puts them on the spot to either claim no VAT is involved - in which case HMRC should be notified or if they say it is and supply an invoice showing the split, then they lose 17.5% of all charges income.

And, of course, you are not refusing to pay at this stage, just asking for the proper information.

"I acknowledge receipt of your contractual charge sent to me as registered keeper of vehicle xxxxxx.

At this stage, I am unable to ascertain who was driving when they parked the vehicle. As your letter states that, under these circumstances, liability for any charge, under Protection of Freedom Act 2012, passes to me as the registered keeper.

In order for me to consider this as a "contractual charge", then your letter is in effect an invoice for a service received from you. In that event, you must follow the law and supply me with an invoice that complies with Government legislation as laid out in the government requirements here https://www.gov.uk/invoicing-and-tak...y-must-include

In particular, I draw you attention to the requirements for a simplified invoice of this amount which clearly states that if your company is VAT registered, you must provide me with your VAT registration number, your full business address and the rate at which VAT is being charged or a statement that the service for which you seek payment is VAT exempt. This is in addition to the requirements for all invoices, again covered in the link I provided in (3) above.

I run a business and am able to reclaim all business costs and I require this for my own VAT records as VAT, if applicable, is reclaimable.

Without a compliant invoice, I would be unable to consider the matter further and await a revised invoice.
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In addition, there is one other point I would like clarification on if you decide not to cancel this charge. It has been reported to me that the landowner's agreement with you on this site has certain limited rights at this site to pursue motorists for charges and restrictions included in the contract you have with them. As you are not the landowner, I think it only reasonable that you provide me with evidence that you do have the legal right to make contracts and charge motorists at this site and I would ask sight of any contract that confers that right upon you.

Again, this is required before I am able to consider this matter further.

I look forward to receiving the information and clarification in due course.

For the sake of clarity, and for appeal purposes, I would prefer that this be considered as a request for further information but should you choose not to supply me with the information I have asked, then please treat it as an appeal for IPC/IAS purposes."

billy_ray wrote: »

One thing. The various deadlines on the PCN can be safely ignored with action only undertaken once the NtK has arrived in the post, correct?

Thanks again

Unless you want to pay the bargain discount price, then wait for the NtK as there may be some missing or erroneous stuff that is not POFA compliant.

If you feel inclined, then look up POFA 2012 schedule 4 and also the IPC web site - you can also look up the BPA site too. Under their AOS (approved operator scheme), they have a copy of POFA plus guidelines as to what the PPC MUST have on a compliant NtK.

Some of them fail on not having the right info. That is an appeal point.

When it comes to the appeal, then come back, but be sure to let us know if the NtK is a contractual or trespass/damages case. Read the IPC web site to see what their recommended signage wording is for either case.

You will find all of this educational. (eventually!)

and it's 20% these days....