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Newbie - PPC "Fine"

2

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    So, for £100 you can park where you like for as long as you like, but what about the v.a.t.?

    Should they not be mentioning v.a.t., as unless they are exempt, which I doubt, failure to charge it leads me to think that this is a disguised penalty.

    As this is a residential car park, what was your reason for parking there?
    You never know how far you can go until you go too far.
  • Twig11
    Twig11 Posts: 18 Forumite
    The_Deep wrote: »
    So, for £100 you can park where you like for as long as you like, but what about the v.a.t.?

    Should they not be mentioning v.a.t., as unless they are exempt, which I doubt, failure to charge it leads me to think that this is a disguised penalty.

    As this is a residential car park, what was your reason for parking there?

    Hmmm I don't know...should they?

    I know a few people on the estate but I wasn't visiting them that night...was just off into town.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I very much doubt if they are exempt. I suggest that, "in order that I can pay this charge", you ask them for a v.a.t. invoice, here is why

    https://forums.moneysavingexpert.com/discussion/5033796=

    https://forums.moneysavingexpert.com/discussion/5087925=
    You never know how far you can go until you go too far.
  • Twig11
    Twig11 Posts: 18 Forumite
    Hmmm this is interesting. I will have to get back to them soon with my "Appeal" so maybe this is a route to take.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    TD has a bee in his bonnet about the VAT angle ... it will not alone win you an appeal with the PPC or their ADR body (POPLA or IAS).
  • Fruitcake wrote: »
    Their so-called contractural agreement is legal nonsense and would never stand up to any scrutiny. Right at the top in bold letters it says that parking is strictly allowed only under certain circumstances. By not having a permit, you are not allowed to park at all. They are trying to charge you for parking, where the signage says it's still forbidden (no permit).
  • Twig11
    Twig11 Posts: 18 Forumite
    Hi I am just writing my appeals letter...1 thing I am unsure of is weather to send it to UKCPS or IAS??...Underneath is what I have drafted, it's quite short...If anybody thinks anything else should be added or worded differently your help would be amazing...Thank you :)

    I am the keeper of the vehicle which was issued with a PCN for parking without a valid permit. I would like to appeal this notice on the following grounds.

    1. Inappropriate parking charge
    2. Poor signage


    1. Inappropriate parking charge

    The demand for a payment of £100 as noted within the Parking Charge is a punitive amount that has no relationship to the loss that would have been suffered by the Landowner. The BPA code of practice states:

    19.5 If the parking charge that the driver is being asked to pay
    is for a breach of contract or act of trespass, this charge
    must be based on the genuine pre-estimate of loss that
    you suffer.

    19.6 If your parking charge is based upon a contractually
    agreed sum, that charge cannot be punitive or
    unreasonable.


    This cannot include 'staff time spent on appeals' and other tax deductible business costs such as administration, accounting & equipment.


    2. Lack of signage

    No signs were observed. There were no large BPA standard signs when the car park was first entered and non located near to where the vehicle was parked. Therefore there was no idea of any alleged contract or restrictions.
  • Twig11
    Twig11 Posts: 18 Forumite
    Well I have sent this off...will wait for their reply...I understand that has to be within 35 days?
  • Twig11
    Twig11 Posts: 18 Forumite
    Okay so 6 months I have heard nothing from these guys after offering them a settlement of £10 (The amount of a 24hour car park quite close by) I heard nothing back from that letter.

    Dear Mr ???

    DO NOT IGNORE THIS NOTICE IMMEDIATE PAYMENT REQUIRED

    We note from our records that the above parking charge has still not been paid. This is the final letter before debt recovery action will commence. Failure to pay or make a binding agreement to pay within 14 days of receipt of this letter will automatically lead to recovery action.
    Please see https://www.ukcps.net/court.php for a list of a few of recent court cases. A CCJ will seriously affect your ability to obtain credit or a mortgae.

    Any help would be great...do they not have a time limit to respond to my previous letter? 6 months seems a bit excessive to now try and get money from me.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    ukcps have 6 years to bring a court claim and have been able to do so since 1973 (in england and wales)

    do the math ! 6 months = one twelfth of 6 years

    so the game is only over , when its over , lol

    good luck

    as for the IAS, you should have had a decision months ago, ask them where it is, if you appealed it
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