Can I PM someone re. Parking Eye POPLA wording?

flashnazia

I don't want to post it here because I know they watch this forum.

Background: Parking Eye notice for overstay. ANPR system. Have reply from first appeal. Apparently their losses include all the costs associated with running their scam business :rotfl:. (i.e. erection and maintenance of CCTV, cost of paying their staff etc. Who knew an overstay means they have to do all that? Do they not pay their staff if people don't overstay the free period? )

So now I'm at the POPLA stage and proposing to state:

There is no contract between driver and PE
If there is a contract (which is disputed) the charge is not a genuine pre-estimate of loss. The business charges they have stated as their losses are costs which are incurred in the course of their business and irrespective of whether or not someone overstays.
There is no contract between PE and landowner therefore no authority to levy parking charges ???

I'm I on the right track?
What else can I add? I have checked the signage and paperwork (according to BPA guidelines) so don't think PE have breached any signage or paperwork guidelines.

Am I right in thinking the latest VCS vs HMRC case decided that parking charges are damages and are therefore not liable for VAT meaning Parking operators now have to show the charge is a genuine pre-estimate of loss? (or have I got this mixed up?)

Fergie76

Only PM trusted members, if you read other threads, you will see who they are.

If you are unsure, post here and others will tell you if they can be trusted.

Don't PM anyone with a low post count, unless you are told that they can be trusted.

kirkbyinfurnesslad_2

Flash pm me if you want

HO87

To clarify kirkbyinfurnesslad is a trusted member even if their post count is quite low.

Stroma

That is a massive fail, how can their tax deductable business expenses be part of their losses ?
http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231

Also their staff pay cannot be included in their so called loss, as you said they must pay them in any case

flashnazia

kirkbyinfurnesslad wrote: »

Flash pm me if you want

Thanks. Have PM'd you.

Can anyone confirm my understanding of VCS v HMRC? (see OP).

Thanks. I doing this for my sister and getting a bit stressed about it.

flashnazia

Stroma wrote: »

That is a massive fail, how can their tax deductable business expenses be part of their losses ?
http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231

Also their staff pay cannot be included in their so called loss, as you said they must pay them in any case

Reading that case gave me a good laugh!

Guys_Dad

flashnazia wrote: »

Thanks. Have PM'd you.

Can anyone confirm my understanding of VCS v HMRC? (see OP).

Thanks. I doing this for my sister and getting a bit stressed about it.

If you want to know POPLA's take on that, look on the Lead Adjudicator's report here http://www.popla.org.uk/AnnualReport.htm

Coupon-mad

Here's a POPLA appeal I wrote specifically for someone re a Parking Eye 'overstay' allegation, see my post as SchoolRunMum, post #4:

http://forums.pepipoo.com/index.php?showtopic=79545&st=0&gopid=826768

The 'creditor' paragraph only applies if the Notice to Keeper was issued up until around mid-May as they used to fail to name the creditor (now they do). But the rest of the stuff there is useful I hope, even if yours does name the creditor. Definitely include stuff about the signs, camera checks & maintenance, no genuine pre-estimate of loss, no evidence of parking time, no grace period, no compliant contemporaneous contract with the landowner (an undated recent, generic 'authorisation slip' not being sufficient!), and unlawful penalty.

More about unlawful unenforceable penalties here if you want to throw in legal stuff too (which POPLA adjudicators do like as they are law graduates!). My post #44:

http://forums.pepipoo.com/index.php?showtopic=79937&st=40

and loads of examples of POPLA appeals in post #15 here:

https://forums.moneysavingexpert.com/discussion/comment/61968327#Comment_61968327


HTH You will win.