IAS appeal with PCM UK Ltd

bazster

harni2013 wrote: »

This may seem like I'm sort of shooting my self in the foot here and potentially missing my time to appeal to IAS (not that it matters because it will loose) but do we think Guysdad's suggestion above would be an idea for me to send the PCM now? I think if they were told that contact would be made with HMRC as above, do we think my "charge" may be dismissed or am i just living in a dream world here.

GD and others here have suggested this VAT challenge a number of times but, to my knowledge, no-one has ever come back and told us the outcome. I for one think it's worth a try, it certainly can't do any harm. Be careful though not to imply that their charge is otherwise valid or that you will pay it on receipt of the correct VAT documentation. As GD puts it, you cannot even consider it until the paperwork is in order.

Coupon-mad

It's a case of, do you bother with IAS at all?

https://forums.moneysavingexpert.com/discussion/comment/66845191#Comment_66845191

That's my view there. I reckon, as PCM have used the new signs and we know IAS are as useful as a chocolate teapot, send a Notice of Cancellation as explained there.

harni2013

Right, I'm going to send them a notice of cancellation!
Ive found the template as you have kindly linked CM but just have a few questions (sorry, I'm useless at this stuff!)
Shall i literally just send the short template as quoted below or shall i add another paragraph stating the act that i am able to cancel my contract under? Or shall i just let them work that one out for them selves?
Also, what do i title the service i am cancelling? i don't want to write "parking at xxxxx on xxxx" because that may imply I'm aware of someone parking there!

Dear Sir/Madam:
I Hereby give notice that I cancel my contract for the supply of the following services;

XXXXXXXXXX

Received on the
Sincerely,

Thanks all!

Coupon-mad

Not sure about 'my contract'! Try one based on the Newbies thread, the first appeal - the final point of the current appeal I suggest, is a cancellation paragraph.

harni2013

Coupon-mad wrote: »

Not sure about 'my contract'! Try one based on the Newbies thread, the first appeal - the final point of the current appeal I suggest, is a cancellation paragraph.

Ah thanks! Spot on! I will send them that in a letter and see how i get on. My guess is "the charge will still be enforceable"! lol

PCN Number: xxxx
Vehicle Registration: xxxx
PCN Issued on: xxxxx 2014

Dear Sirs,

Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract and it is not for me to reimburse you for foisting an unexpected and non-negotiated contract upon any driver of my vehicle. This 'contract' is hereby cancelled and any obligations now end.

Regards,
xxxxxx

Coupon-mad

It will confuse them but if you read the new Regs, it seems that this can be argued to be a distance contract so you are within your rights to cancel it (and the IAS Assessor agreed with me on this point then wriggled and didn't allow an appeal but I could tell they were rattled by it!).

harni2013

Right well lets see where this goes then! Will send it off to them now.

harni2013

Well as expected, they have rejected the above letter. Where to go now?

harni2013

https://forums.moneysavingexpert.com/discussion/5099047

Just seen this since i put up my last post. Interesting reading and i think i will ask for a VAT invoice now and see what they come up with. I suspect they will just reply with another letter similar to the above!

EnigmaPart1

harni2013 wrote: »

https://forums.moneysavingexpert.com/discussion/5099047

Just seen this since i put up my last post. Interesting reading and i think i will ask for a VAT invoice now and see what they come up with. I suspect they will just reply with another letter similar to the above!

Oh forget it your wasting your time!
Let it go and move on, !!!!!get on with your life