£70 Parking Fine in non P&D Car Park

superscaper

joe1965 wrote: »

There is a difference between a store capturing your image on a instore CCTV to having someone stand in front of you with a camera.
If you were stood in front of me with a camera and continued to try and take my picture I can if necessary take the camera from you if that is the only way to stop you.

As much as I love that idea I don't think that's true at all because it completely contradicts the very existence of the paparazzi for example and I've never heard of a celebrity successfully stealing/breaking a camera without being charged. As far as I know, once you step into public property or someone else's private property and out of your private property, your legal reasonable expectation of privacy is dramatically reduced.

superscaper

joe1965 wrote: »

Trespass is only an offence if you do or intend to do damage. How can a parked car be proved to do damage to a car park?

I don't think that's true either, trespass is an offence as soon as you no longer have permission to be on the land, no matter what your intentions are. It may not be a criminal offence but it's still an offence nonetheless. And you can be sued for damages merely for the act of trespassing, i.e. being on private property without permission.

taxiphil

Just a little point you may wish to check, bluelagoon. I hope you're paying the VAT element to Mr Brown on the nice little stream of second income you're receiving?

After all, as you are so keen to point out, these are "charges for a service" not "penalties" - so that would make them liable for VAT.

I hope you're also providing VAT receipts to the "customers" who you "charge" for parking on your land.

I'd hate to think of you receiving a massive demand for backdated VAT if someone was to report this to HMRC.

bluelagoon_3

taxiphil wrote: »

Just a little point you may wish to check, bluelagoon. I hope you're paying the VAT element to Mr Brown on the nice little stream of second income you're receiving?

After all, as you are so keen to point out, these are "charges for a service" not "penalties" - so that would make them liable for VAT.

I hope you're also providing VAT receipts to the "customers" who you "charge" for parking on your land.

I'd hate to think of you receiving a massive demand for backdated VAT if someone was to report this to HMRC.

I am staggered by your ignorance on business and legal issues.

The parking fee is paid directly to CPS and includes VAT (go and read the small print on their website) which is then paid to HMRC in the usual way.

The bounty payment that is sent to the land owner is only liable for VAT if the recipient of the bounty payment is VAT registered.

You're really getting desperate now.

bluelagoon_3

joe1965 wrote: »

Unfortunately this legalized theft is happening all the time. It makes over £230 million a year for the companies who clamp. Though there are guidelines which are supposed to be followed if they wish to have access to the DVLA database this doesn’t happen.
Security Industry Authority licences are supposed to regulate them but it’s not working and as it has been shown they can’t abide to it then it’s about time Parliament stepped in.

Legalised theft?

joe1965

bluelagoon wrote: »

Parking charge tickets are enforced under Contract Law, not trespass. Please do at least try and understand the basics of what you're trying to comment on.

I think you should understand I was commenting on clamping not ticketing in that post.
Maybe instead of being condescending in your replies to posts on this thread you should try following it a little closer.

joe1965

superscaper wrote: »

I don't think that's true either, trespass is an offence as soon as you no longer have permission to be on the land, no matter what your intentions are. It may not be a criminal offence but it's still an offence nonetheless. And you can be sued for damages merely for the act of trespassing, i.e. being on private property without permission.

In England and Wales, despite the prevalence of notices asserting that "trespassers will be prosecuted" and "it is an offence", unless the trespass is aggravated in some way, it will only be a contravention of civil law, not an offence under criminal law. True, you can be sued but it is easy to expose someone who is trying to make a profit on what they claim rather than just for the damages.

superscaper

joe1965 wrote: »

In England and Wales, despite the prevalence of notices asserting that "trespassers will be prosecuted" and "it is an offence", unless the trespass is aggravated in some way, it will only be a contravention of civil law, not an offence under criminal law. True, you can be sued but it is easy to expose someone who is trying to make a profit on what they claim rather than just for the damages.

I'm pretty sure I said it wasn't a criminal offence. I don't think I've actually said anything contradictory to that.

joe1965

bluelagoon wrote: »

No they cannot.

Yes you can.

bluelagoon wrote: »

You seem to be confused (again). We don't clamp, we issue parking charge tickets.

As in my previous post, try following the thread rather than just making obtuse remarks.

bluelagoon wrote: »

No, we do not break the law.

CPS are not issuing the tickets you are, and as you don't work for the company nor do you wear a uniform showing CPS ID they are gaining access to the DVLA under false pretences.
Maybe you would like to expand on your seven word reply on why you think they are not breaking the law? The ticket is clearly an offence under The administration of Justice Act and you still haven’t explained under what law is it an offence to remove the ticket?

bluelagoon wrote: »

Good luck with that.

Thanks.

taxiphil

bluelagoon wrote: »

I am staggered by your ignorance on business and legal issues.

The parking fee is paid directly to CPS and includes VAT (go and read the small print on their website) which is then paid to HMRC in the usual way.

The bounty payment that is sent to the land owner is only liable for VAT if the recipient of the bounty payment is VAT registered.

You're really getting desperate now.

Fine, you've answered my question. I can't see where my ignorance was?

I asked the question because other forums have suggested that Perky hasn't exactly been squeaky clean with VAT issues in the past (whether these allegations are true I do not know).

And as I have earlier pointed out, even Perky's website seems confused as to whether these tickets are "penalties" or "charges" (they are twice referred to as penalties on https://www.combinedparkingsolutions.com)

(You're doing your argument no favours with words like "bounty" by the way, it just reinforces that this is a predatory money-making scam)

Now are you going to publish the address of your car park so I can come and park on it and put up a proper defence to your court claim?

Grow some balls and accept the challenge. You're the one who wants to see an example of a driver winning in court.