Sneaky ticket

bazster

I think you'll find that if you ask them for a VAT invoice the contractual charge suddenly morphs into damages for breach of contract, thereby rendering the signage meaningless guff (i.e. no contract), and putting GPEOL back on the table to boot.

Umkomaas

bazster wrote: »

I think you'll find that if you ask them for a VAT invoice the contractual charge suddenly morphs into damages for breach of contract, thereby rendering the signage meaningless guff (i.e. no contract), and putting GPEOL back on the table to boot.

Hello bazster, good to see you back. Have missed reading your inputs.

bazster

Umkomaas wrote: »

Hello bazster, good to see you back. Have missed reading your inputs.

Thank you. I've been ridiculously busy all through the summer (14-hour days) so surfing the web has been all but impossible.

I will be going quiet again in a couple of days as Mrs B and I jet off for a much-needed holiday, but when I return my desk is clear and PPC world had better WATCH OUT!!! I have various plots up my sleeve to foil their dastardly enterprises.

billybumble

Entrance , I parked to the right
Where the kind man told me to park
the signs on the opposite wall, he'd parked his car under and across wards under the lower sign on my return .
To give you an idea of height- and my friend isn't a dwalf

This is the only sign on leaving the site, it is low down, warped and very small and was obscured by a car parked in this first space -see next photo

This shows how small that sign is and how it could easily be obscured
and I think they might be looking in and seeing this and laughing there heads off.

Umkomaas

We'll be taking a look through these. Now you've got the hang of uploading images could you scan (or photograph if no scanner) the initial Notice to Keeper and upload that too.

Two points to bear in mind:

1. Cover any detail that identifies you or the car and any barcodes that may show. We're just interested in what UKCPS have charged you with.

2. Please make sure you have an image that we are able to read the detail of, not just a blurry snap.

bazster

You are correct, the signage is useless. There doesn't appear to be an entrance sign at all - and that is far-and-away the most important one.

But still, please write a very short note to them requesting a VAT invoice. Nothing else, don't give them any information beyond the reference number of the Notice you have received, simply ask them for a VAT invoice.

If they claim this is a contractually-agreed charge then they must charge VAT and hand it over to HMRC - but I'm willing to bet they don't! Therefore your simple, innocent request should throw them into a tailspin and may be sufficient in it's own right to get the charge cancelled.

If they ignore your request or refuse to issue a VAT invoice, report them to HMRC for possible tax evasion.

This is in addition to any other actions advised by the regulars here.

billybumble

Here is the orginal letter , it did come within the required time 28 days (as I have read) but obviously 'morals man' had stuck on a PCN photographed it and removed it. I was hoping to get this done today as I am having a scan tomorrow to ensure all is okay I am hoping it is now and I won't be kept in hospital but I also want it done as you tell me, so hopefully its the back of it. Really need something positive to happen

Coupon-mad

The entrance signage omission is worth working into the appeal specifically talking about Appendix B.

And the 'Appeals Procedures' bit on that Notice is wholly wrong and as such, this isn't a compliant notice. It's telling the registered keeper that your only way to appeal a NTK is if the vehicle was stolen. That is a LIE. That needs another paragraph about non-compliance in the NTK, and the quote about the assessor Matthew Shaw:

'POPLA Assessor Matthew Shaw has stated that the validity of a Notice to Keeper is fundamental to establishing liability for a parking charge. Where a Notice is to be relied upon to establish liability under Paragraph 9 it must, as with any statutory provision, comply with the Act. As the Notice was not compliant with the Act, it was not properly issued.'

I would do as Bazster suggested and write a quick letter to UKCPS now, saying you require a VAT invoice for the parking charge and a breakdown of why it amounts to that much. Get that sent and we can work on this POPLA appeal for you.

What do you mean 'it was sent within 28 days'? They were not even allowed to get rk data until day 29 so was the NTK actually dated between day 29 and day 56?

bazster

So there you have it: the Notice also states that this is a contractually-agreed charge, and yet there is not a sniff of VAT!

Request that invoice!

Umkomaas

Timing seems OK.

Date of parking incident 25/07/13. Date of NtK 28/08/13