Keeper liability checklist

Guys_Dad

Stroma wrote: »

How does this stand with vat then ?

That's my dilemma with the whole thing. Just what is the HMRC status of these charges?

They are not a fine - we know that.
The initial charge (£60 or so) isn't a penalty. The amount they add if not settled can be construed as such.
If they are an invoice, then it would be for a service, so VAT should apply.
If it is an "invitation to pay" , then don't RSVP!

I just don't know, but at some point, the amounts collected need to go through the books.

Question for any VAT expert as well as Tax Accountant.

Questforanswers

Basfordlad, thanks for the heads up on POFA. I have a query on something if anyone can advise. It states under the Notice to Driver section that issued tickets must show "The period the car was parked". I would read that to mean the ticket must show 'car arrived at X and left at X'. However I've looked at the POFA and under Schedule 4, para 7.2a the terms used are "The notice must — (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;". Do I take that to mean that the period of parking is the noted time the vehicle was seen on the site ie., 'the period the car was parked'?

I know this seems like semantics but there is a reason for me wanting to be absolutely clear on this one. I have a ticket which does not show anything for the time parked. It says 'Observation from N/A to N/A'. It does have a time of issue. If I'm reading this right, under the POFA, if the driver ticket issued is not completed with all the correct information, it is invalid. I don't intend paying these highwaymen one brass penny but I'm gathering all my ammunition in the event it's required!

Stroma

If there is nothing showing for time parked, then it's invalid. It could have been there for 5 minutes or 5 days, no time and date then that's it. I would be tempted to go to popla and cost them more money on this.

parkingcowboy

If you know that the PPC has failed to follow the steps below, then you can choose to decline to give the drivers details with impunity; the choice is yours. If you do choose to decline you should advise the PPC just where it has failed to comply with POFA, but after the end of the period for service of the notice to keeper. If you were to advise the PPC too early then the PPC can re-serve the notice to keeper which is compliant with the Act.

It's invalid :-)

Questforanswers

Thanks for confirming that Stroma and Parking Cowboy. As this happened 3 months ago I'm assuming we're passed the end of service of the notice (28 days?) I've only just received further correspondence as it went through my lease company which I didn't realise would happen. (Have had a number of lease cars and always been the registered keeper so hadn't appreciated this one was different so was expecting to hear from them direct after they'd got my details from the DVLA). Will be writing to lease company to say 'hands off and don't pay this' which their small print says could be the case. Fun times ahead! Thanks everyone.

Stroma

Make sure the lease company complies with the bvrla by passing on your details, and abiding by their T&Cs by not charging for doing so or for passing on the letters without charge. To circumvent them writing further to the lease company, pop them an email with your name, address and ref number and say you were responsible for the vehicle on that day, don't admit liability though.