Town & City Parking Ltd/Smart Parking

bookmanwales

Despite the fact they have a Town & City parking t/a name as Smart Parking Ltd they have a legal duty to put their Ltd name at ANY place they do business. As they are issuing invoices at Asda car parks (therefore carrying out business )they have a legal duty to use Smart Parking Ltd on their signs not Town & City.

I quote a passage from the Company ( Trading Disclosures ) Regulations 2008 for clarification.

4.—(1) This regulation applies to a location other than a company’s registered office or any inspection place.

(2) A company shall display its registered name at any such location at which it carries on business.
(3) But paragraph (2) shall not apply to a location which is primarily used for living accommodation.

Manner of display of registered name
5.—(1) This regulation applies where a company is required to display its registered name at any office, place or location.

(2) The registered name shall be so positioned that it may be easily seen by any visitor to that office, place or location.

(3) The registered name shall be displayed continuously but where any such office, place or location is shared by six or more companies, each such company is only required to display its registered name for at least fifteen continuous seconds at least once in every three minutes.

Offence
10.—(1) Where a company fails, without reasonable excuse, to comply with any requirement in regulations 2 to 9, an offence is committed by—

(a) the company; and
(b) every officer of the company who is in default.
(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to—
(a) a fine not exceeding level 3 on the standard scale; and
(b) for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the
standard scale.
(a) 1985 (c.6).
(b) S.I. 1986/1032 (N.I. 6).

Both the DVLA and Companies House should know this law. Have written to my local Asda pointing this out. As far as I know they should have changed the signs way back in Dec 2012 when they changed name.. not just scratched Ltd off the other one.

bookmanwales

Surely as they have possibly been committing an offence since Dec 2012 anyone who has paid a "charge is entitled to their money back ?

atilla

Content of post 22 is one of the reasons they were suspended by the dvla. Unfortunately the dvla then accepted not so smart's excuse that it doesn't apply to the actual car parks.
In essence the dvla take their guidance from the bpa, even on issues such as vat compliance.

bookmanwales

So the DVLA in their wisdom decide that making contracts and issuing invoices by a Car Parking Company IN A CAR PARK doesn't make it a business location.

So where exactly would a Car Parking business carry out it's business ?

Aaah I see, they all have magic vision and from their offices in Scotland they can see all the way to Wales and issue their contracts and invoices by telepathy.

I would have though it was obviously a business location, but then I am not making millions by my interpretation of the law am I ?

Do you think that may work for me with HMRC if I set up business in a car park I therefore won't be self employed and liable to tax ?

atilla

bookmanwales wrote: »

So the DVLA in their wisdom decide that making contracts and issuing invoices by a Car Parking Company IN A CAR PARK doesn't make it a business location.

So where exactly would a Car Parking business carry out it's business ?

Aaah I see, they all have magic vision and from their offices in Scotland they can see all the way to Wales and issue their contracts and invoices by telepathy.

I would have though it was obviously a business location, but then I am not making millions by my interpretation of the law am I ?

Do you think that may work for me with HMRC if I set up business in a car park I therefore won't be self employed and liable to tax ?

Worryingly, when this was run past Companies House, they said they had no authority to discipline only that they could advise not so smart.

bookmanwales

So there is a law says they have to yet no one to enforce it ?

Would it be a civil or criminal matter as it does say a fine is payable and a daily fine if not rectified ?

Well I will wait and see what response I get from Asda and Trading Standards.

Confusing as hell all this name changing lark.. and they still have Town & City Ltd to fall back on again if need be...

atilla

bookmanwales wrote: »

So there is a law says they have to yet no one to enforce it ?

Would it be a civil or criminal matter as it does say a fine is payable and a daily fine if not rectified ?

Well I will wait and see what response I get from Asda and Trading Standards.

Confusing as hell all this name changing lark.. and they still have Town & City Ltd to fall back on again if need be...

It's Criminal.

Ellie_B_2

The latest offering from the DVLA after they were challenged about the Data Protection Act being breached!

We have received a response from Smart Parking Ltd indicating that they have been compliant in removing the ‘Ltd’ from their signage at the Forth Valley Royal Hospital, Larbert car park site. They were unaware that the overlay that was placed over the wording had been removed. Smart Parking Ltd have arranged for someone to attend the site to inspect all 77 signs and make sure the sign concerned and any others that have been tampered with are corrected again.



Regards

Data Sharing Team

Stroma

Corrected ? Surely they mean replaced ? Absolute joke of a response from the dvla