Can you settle a discussion?

trisontana

Although the company calls itself "wheelclampingcompany.co.uk" it doesn't seem to have a website. In fact that domain name is up for sale.

Edit, there is a company called "thewheelclampingcompany.co.uk" , I wonder if that's them:-

http://www.thewheelclampingcompany.co.uk/

trisontana

Some gems from that website:-


Once the Parking Charge Notice has been issued, the registered owner / driver / hirer of the vehicle has twenty eight days to pay the fine of £90 as indicated on the warning notices. If the payment is received within fourteen days a discount of £45 is applied.

And :-

The need for a penalty system that does not immobilise vehicles but still acts as a valuable deterrent has been identified and so, we now offer the Parking Charge Notice Ticket System.

They don't appear to be a member of the BPA.

peter_the_piper

Question. Is the OP being forced to pay a fee for parking at his companies request of is it a regime forced on the company by local council dictat? As some companies are forced to charge their staff does that change things in any way?

pogofish

Good point - My work was forced into something very similar this as a result of planning consent for major redevelopment of part of the site.

Although as far as I can see, they could have chosen other options than the PPC route.

SusieWinwood

Basically, even though we own the land, if you wish to park on the car park you have to pay. Either £1 daily or £16 per month. Staff park on the road (as I do) or at a retail park opposite. Staff have said the park will get wise to this an enforce a say 4 hour time limit to stay there. I said well, they can ticket you but that again is only an invoice which you don't pay.

They don't actually 'clamp' cars just issue tickets on windscreens.

I can't seem to upload pix atm but will do so later

Cheers for info

Susie

LincolnshireYokel

VCS vs HMRC is absolutely applicible in this case.

The PPC has no authority to offer parking or pursue anyone for a charge. Forget them, they havent a leg to stand on, and theres nothing they can do to you to make you pay there invoice.

The landowner can only sue for actual losses, £1 a day. Since they are your employer, they know who you are and where you are so cant rack up the charge in any way eg getting your details from DVLC

The retail park is in the same boat. Actual losses only, and no clamping after 1st October.


Theres an interesting point that if you declined to accept the employers parking TaC, then you would be parking as a trespasser. I dont then see how they can claim you are trespassing if you inside the building working for them, and they can still only recover actual losses, which, as a trespasser, is at most one days parking , £1.

For the benefit of the OP, this is VCS vs HMRC (VCS were ticketing people in a retail park)

1. VCS did not have any right to occupy land or to pursue any action in trespass (which is what VCS had claimed they were doing).
2. Such payments they received by way of "Parking Charge Notices" were not therefore a payment by way of damages and were not therefore exempt from VAT.
3. That on the basis of their standard agreement with landowners there could have been no contract formed between VCS and the motorist because its limited rights to access to the land did not extend to being able to offer the right to park.
4. The signs used by VCS cannot have effect because they have no right in law to make any offer to park in the first instance.
5. Any contract to park could only be formed between the landowner and the motorist
6. Any parking charges collected by VCS would therefore be, in effective, damages in breach of contract or trespass but because they were retained by VCS they constituted a standard-rated consideration and VAT was therefore payable against them.

This was in a Upper Court, aka a Court of Superior Record, who's decisions are binding on all lower courts (County courts, mags etc)

Sir_Roger_deLodger

peter_the_piper wrote: »

Question. Is the OP being forced to pay a fee for parking at his companies request of is it a regime forced on the company by local council dictat? As some companies are forced to charge their staff does that change things in any way?

Do councils do that? I could understand it if the car park was council owned and operated, but why would they force a company to effectively impose a pay cut on all its staff by charging them to park?

What's in it for the council?

Orford

It's called Workplace Parking Levy.

http://www.telegraph.co.uk/motoring/news/9179055/Tax-on-workplace-car-parks-begins-in-Nottingham.html

http://www.thisisnottingham.co.uk/Workplace-Parking-Levy-ndash-s-time-say/story-16559622-detail/story.html

http://www.thisisbristol.co.uk/Bristol-businesses-facing-workplace-parking-levy/story-15480565-detail/story.html

peter_the_piper

http://www.itv.com/news/central/2012-03-30/workplace-parking-charges-1/

LincolnshireYokel

Orford wrote: »

It's called Workplace Parking Levy.

http://www.telegraph.co.uk/motoring/news/9179055/Tax-on-workplace-car-parks-begins-in-Nottingham.html

http://www.thisisnottingham.co.uk/Workplace-Parking-Levy-ndash-s-time-say/story-16559622-detail/story.html

http://www.thisisbristol.co.uk/Bristol-businesses-facing-workplace-parking-levy/story-15480565-detail/story.html

OP didnt say this was Nottingham, the only place the workplace parking levy has been implemented.