Parking "Contractual Payment Charge" - Sussex Security Solutions

Notters_the_seagull

bazster wrote: »

OK. If I enter into a contract with you that I will pay you £100 in return for you painting my garden gnome pink, that is a contractual charge, and if you paint my gnome pink then legally I must pay you £100.

But supposing (i) I enter into a contract with you which says I will give you a packet of Smarties if you paint my garden gnome pink (ii) you do indeed paint my garden gnome pink (iii) I refuse to give you a packet of Smarties, that is a breach of contract on my part and you may sue me for damages.

In the former case, everything is clear-cut: I owe you £100, no argument. Although, if you happen to be a VAT-registered garden gnome painter, you must charge VAT and hand it over to HMRC.

In the latter case, if you sue me for £100 you must be able to demonstrate how my breach of contract cost you £100. Which of course it didn't, because unless they are selling gold-plated Smarties now you could buy yourself a packet for a few pence,which is all I would actually owe you in damages - but it doesn't attract VAT, 'cos damages for a breach don't.

So the £100 you demand from me has to be either a sum that I agreed in a contract to pay you or damages for me breaching a contract. It cannot be both, and as you can see the two things behave in quite different ways so if you are not clear which it is when you decide to sue me for £100 then you are on a hiding to nothing (and sooner or later HMRC might take an interest in your fudging of the issue too).

So it may be worth reporting this lot to HMRC when it comes to my popla appeal?

bazster

That would be entirely unrelated to your POPLA appeal. HMRC is aware of what these companies are doing and has been pushing at the door for a long while, I'd leave them to it rather than give yourself even more hassle.

Notters_the_seagull

Hmmm, no sign of a Notice to Keeper yet. Perhaps they can't be bothered.

Coupon-mad

Notters_the_seagull wrote: »

Hmmm, no sign of a Notice to Keeper yet. Perhaps they can't be bothered.

They have missed the deadline then, like Britannia have done with my most recent fake PCN. No keeper liability then, in our cases!

http://www.parkingcowboys.co.uk/keeper-liability/

...so remember NO RESPONSE later on from you, if you do receive any letter, must under any circs, give away who was driving.

Notters_the_seagull

Coupon-mad wrote: »

They have missed the deadline then, like Britannia have done with my most recent fake PCN. No keeper liability then, in our cases!

http://www.parkingcowboys.co.uk/keeper-liability/

...so remember NO RESPONSE later on from you, if you do receive any letter, must under any circs, give away who was driving.

Sorry, no response? Do you mean I should just ignore them now?

Obviously I will post on here if I do receive a letter.

Just a point of semantics, but surely no-one is driving if a car is parked?

Hovite_2

Notters_the_seagull wrote: »

Sorry, no response? Do you mean I should just ignore them now?

Obviously I will post on here if I do receive a letter.

Just a point of semantics, but surely no-one is driving if a car is parked?

C-M means, when you do respond to their next letter ( i.e. telling them to Foxtrot Oscar because they are out of time under POFA ) you should make no reference whatsoever to who the driver was. You are responding as the RK and the RK alone.

Notters_the_seagull

Hovite wrote: »

C-M means, when you do respond to their next letter ( i.e. telling them to Foxtrot Oscar because they are out of time under POFA ) you should make no reference whatsoever to who the driver was. You are responding as the RK and the RK alone.

Right you are. So will I be writing to them to tell them that they're out of time, or will I still be asking for a Popla code and then writing to Popla to tell them that they were out of time?

Coupon-mad

Hovite wrote: »

C-M means, when you do respond to their next letter ( i.e. telling them to Foxtrot Oscar because they are out of time under POFA ) you should make no reference whatsoever to who the driver was. You are responding as the RK and the RK alone.

Yep sorry I phrased it badly; that's exactly what I meant.

Notters_the_seagull wrote: »

Right you are. So will I be writing to them to tell them that they're out of time, or will I still be asking for a Popla code and then writing to Popla to tell them that they were out of time?

Either of those approaches would do and are exactly what we would advise; you are getting the hang of this little scam! But if you did get a POPLA code your letter to POPLA would be more detailed than just that single point of appeal as there are certain ways to word a POPLA appeal:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

HTH