Another PPC leaves BPA for IPC ****UPDATE***

CWayne

CWayne wrote: »

They seem to have alot of car parks... cant be that small time really can they??? How do you justify classing a business (esp one that isn't run on-line) as small time because they haven't spent tens of thousands on web development.

Not that im sticking up for em... they have given me a ticket but I was held up in a meeting and was 20 something minutes late back... but how do they justify £35 for 20 something minutes... forget the website... lets deal with the big issue, the parking tickets.

I also notice they state its not a GPEOL on their site... surely they have wised up and taken some legal advice.

CWayne

fisherjim wrote: »

Seems strange to have signed up to the forum today just to defend these jokers, do you actually have fake PCN to dispute with them?

i can see how that might look but i was in the process of writing my last comment as you wrote that... please see above.

Umkomaas

CWayne wrote: »

Not that im sticking up for em... they have given me a ticket but I was held up in a meeting and was 20 something minutes late back... but how do they justify £35 for 20 something minutes... forget the website... lets deal with the big issue, the parking tickets.

I also notice they state its not a GPEOL on their site... surely they have wised up and taken some legal advice.

Presumably that legal advice also explained that they will now be paying the VAT man 20% on every ticket issued. Did you get a VAT invoice from them? Or was the ticket issued before their IPC join date?

Quick answers, then if you need more detailed advice, please start a new thread for your specific case.

CWayne

Umkomaas wrote: »

Presumably that legal advice also explained that they will now be paying the VAT man 20% on every ticket issued. Did you get a VAT invoice from them? Or was the ticket issued before their IPC join date?

Quick answers, then if you need more detailed advice, please start a new thread for your specific case.

if they are not VAT registered they wont pay or charge the VAT tho...

it was issued yesterday...

Zero_Gravitas

James_N wrote: »

This is truly an awful website, and I had a good laugh at its dreadfulness.

I also tried, and failed to look at the "Recent Decisions" section - undoubtedly a carefully selected bunch of hopelessly doomed appeals.
But the site is so bad that I cannot load or download the examples.
Can anyone do this.

http://www.sipcarparks.com/FAQ.php

Curiously, the links didn't work at 07:30 this morning, but do seem to work now... And they are all POPLA examples of "mitigating circumstances" and were hence doomed to fail. However, now they have jumped ship to the IPC, of course POPLA is no longer available...

Cwayne - what does your ticket allege? And what did the sign in the car park say?

Best Regards,

ZG

nigelbb

CWayne wrote: »

Why does it matter who their testimonials are from seriously...

isnt the important issue the one that BPA members have gotten wise to the usual tricks and seem to be seeking actual legal advice from a law firm?

My understanding of what they have done is eliminate the GPEOL get out clause... this is the only thing online I can find on how to get out of the tickets.

As a firm of lawyers they are aware of the Big Lie on which most PPCs base their business model. The Big Lie is a perversion of contract law that alleges that a motorist entered into a contract for parking merely by reading a sign & then they claim damages for breach of contract when in fact the 'parking charges' are nothing more than disguised penalties. In any case in a free car park there is no contract for parking as there is no consideration on the part of the motorist so they park with permission of the occupier of the land & if they breach the terms of that licence they become trespassers. The remedy for trespass is to be sued by the occupier of the land & not by a 3rd party PPC.

Trying to allege a contractual charge in a free car park as IPC promote is still a Big Lie as in a free car park there is no contract for parking. Even in a pay car park the he 'parking charges' are nothing of the sort they are still disguised penalties.

If the PPCs truly want to use a contractual charge model they need to have ticket machines with the offer:-

Park in marked bay "1p"
Park outside marked bay "£100"

& the mechanism for the motorist to purchase the £100 ticket

This would be a proper contractual charge but even then this would fall foul of the The Unfair Terms in Consumer Contracts Regulations & the £100 charge would be unforeseeable as it is clearly not a genuine offer but a penalty intended to deter the behaviour that it purports to allow.

CWayne

Zero_Gravitas wrote: »

Curiously, the links didn't work at 07:30 this morning, but do seem to work now... And they are all POPLA examples of "mitigating circumstances" and were hence doomed to fail. However, now they have jumped ship to the IPC, of course POPLA is no longer available...

Cwayne - what does your ticket allege? And what did the sign in the car park say?

Best Regards,

ZG

I dont know what the signs said exactly but im guessing, buy a ticket and display it.... It alleges I was late but how can they prove it?

Umkomaas

CWayne wrote: »

if they are not VAT registered they wont pay or charge the VAT tho...

it was issued yesterday...

In which case I refer you back to Stroma's post #89

Be real man! VAT threshold is £81k. That's 810 tickets per year or 15 a week. If I couldn't do better than that with a fistful of windscreen tickets to issue, it wouldn't be worth me getting out of bed.

nigelbb

CWayne wrote: »

if they are not VAT registered they wont pay or charge the VAT tho...

it was issued yesterday...

They must be registered for VAT if turnover exceeds £81,000. They would have to be a very tiny tinpot company not to exceed that.

CWayne

or 2000 something if people pay the £35 quid.