Sneaky ticket

billybumble

Hi folks,
I am very unwell today and am going for a scan.
I will pen a letter about VAT but you told me to hold tight, because of the private land thing and in the draft it says pay and display?
I wondered if there are any final thoughts? Should I be getting this off soon?
I could do with seeing the back of it, I'm feeling pretty dire:eek:

zzzLazyDaisy

Sorry to hear you are unwell.

You really do need to get the letter off requesting the VAT invoice quickly, as the expected response will make a big difference to the appeal (in your favour).

As far as the POPLA appeal is concerned, hold off sending that for now.

Try not to worry, you are in safe hands with these guys.

Good luck with the scan.

Daisy

Buzby

POPLA, VAT ?

More needless busy work? Whether the PPC is VAT registered or capable of issuing a tax invoice is an irrelevance, unless you are similarly a VAT-registered entity and plan to recoup the VAT element after payment.

Whatever the spurious amount claimed by the PPC, whether it is inclusive of 20% VAT or the firm isn't charging VAT because it hasn't reached the required thresholds yet is of absolutely no interest to the consumer.

bod1467

Someone's not understanding WHY a VAT invoice is being requested?

(Clue - it has nothing to do with the "offender" reclaiming the VAT).

zzzLazyDaisy

Buzby wrote: »

POPLA, VAT ?

Buzby, you live in Scotland where POFA/POPLA doesn't apply, and the PPCs don't do court. This is probably why the relevance of VAT in the context of parking charges appears to have passed you by.

Umkomaas

No VAT, then it can't be a 'contractual agreement', which the signage is implying, ergo 'Penalty'. VCS -v- HMRC.

VAT threshold £79,000. Which PPC is turning over less than this?

bazster

Buzby wrote: »

POPLA, VAT ?

More needless busy work? Whether the PPC is VAT registered or capable of issuing a tax invoice is an irrelevance, unless you are similarly a VAT-registered entity and plan to recoup the VAT element after payment.

Whatever the spurious amount claimed by the PPC, whether it is inclusive of 20% VAT or the firm isn't charging VAT because it hasn't reached the required thresholds yet is of absolutely no interest to the consumer.

If anyone sees the point, would they mind returning it to Buzby? In his eagerness to parade his gigantic ego he appears to have missed it completely.

nigelbb

The reason that the vast majority of PPCs don't try & insist that the motorist is agreeing to a contractual charge is because it will never stand up in court. Why do you think that PE (by far the largest PPC) insist that their parking charges are damages for breach of contract? It's because that while still dodgy trying to prove a breach of contract is still far less dodgy than the idea that someone would pay £100 for the privilege of parking in a disabled bay or obstructing a fire exit.

Sadly I don't think that you will be able to argue that there was entrapment here. You asked if it was OK to park & were directed to a place. You then presumably left the car park on foot which is what the signs expressly forbid. There are other signs that parking is for patients only during their appointment. The guy could have assumed that you were a patient & it was only after you parked up & walked off site that he realised his mistake.

However putting a ticket on the windscreen photographing it then removing it again is well out of order but is a story that I have heard several times recently. The parking guy probably wants to avoid a confrontation with you when you return & see the ticket.

The T&Cs on the signs are unclear & the signs are not even visible so there was no way that you entered into a contract let alone that you thought £100 was a reasonable charge for parking there & then walking off the site.

bazster

nigelbb wrote: »

The reason that the vast majority of PPCs don't try & insist that the motorist is agreeing to a contractual charge is because it will never stand up in court.

And VAT. Look at the wrangle VCS went through to prove that their charges were not subject to VAT, and yet here is another PPC handing it to HMRC on a plate!

billybumble

Well I just hand write a short note asking for VAT invoice, which I shall post on my way out.

I don't know how these things work. The only sign on my side as I said was the small one on the way out, I didn't see it as a car was parked right next to it. Plus I thought I had permission, as I did see patients only but the surgery was closed as it was the evening. I saw no reason to look around as I specifically said 'This isn't a private car park is it, I won't get a ticket?'. I was a nerd in a rush. I don't suppose he was photographing a number plate because you could park there...but I was 20 minutes late to meet friends who were waiting to order food. If I'd have read these signs, I wonder though I might still have parked there, thinking I'd been given verbal permission to do so. He asked how long I was going to be and I said I was 'going for tea with friends' - regardless. He didn't think I took too long to eat my food and slapped me on a ticket, he did it straight away. I didn't even stay for drinks, rarely blumming go out and just ate my food and went. Any way I am waffling there, sorry I am a
bit spaced out today.