uk car parks management

The_Fleet_Manager

Hi All, if you get a PCN from these people, you can use the below template, but only if you really need to.

The Upper Tier Tax Tribunal case of VCS v HMRC, in which the ruling was that, Private Parking Companies cannot lawfully make an offer of parking, or levy charges, unless they have a proprietary interest in the land. This is binding on lower courts, including the Small Claims Court, and has been ratified by an internal memo from the Ministry of Justice to all Courts in England & Wales. I believe that UK CPM has no proprietary interest in City House, therefore rendering your notices and charges unlawful and unenforceable.

Since the car parking company cannot issue an invoice personally or even enter into a contractual arrangement with the driver, you must be pursuing a debt on behalf of the landowner client.
The money isn't owed to the car parking Management Company, so you must be trying to collect on behalf of the landowner.
The fact that it's for an alleged breach of Contract is only of persuasion if it was the landowner taking direct action. This also renders your ticket illegal.

In order to legitimately pursue a motorist, the landowner would first have to prove that they had suffered some sort of loss as a result of the motorist's breach of any alleged parking violation. Also any attempt by the landowner or UK CPM to obtain an unenforceable penalty would expose them to criminal prosecution and, possibly, civil litigation.

Also, It is an offence at law to make an unwarranted demand and, at the time of doing so, use menaces as a means of enforcing the demand. The onus is on the person making the demand to prove they have a right in law to make the demand and that the use of menaces is a proper means of enforcing the demand.


For all of the above reasons, cancel this PCN.

Umkomaas

The Upper Tier Tax Tribunal case of VCS v HMRC, in which the ruling was that, Private Parking Companies cannot lawfully make an offer of parking, or levy charges, unless they have a proprietary interest in the land. This is binding on lower courts, including the Small Claims Court, and has been ratified by an internal memo from the Ministry of Justice to all Courts in England & Wales. I believe that UK CPM has no proprietary interest in City House, therefore rendering your notices and charges unlawful and unenforceable.

Errr - careful fella with that specific advice. That ruling was overturned at the Court of Appeal.

http://www.bailii.org/ew/cases/EWCA/Civ/2013/186.html

In any case, it was all related to parking permits, not PCNs in general.

Coupon-mad

Things in that wording are not true, for example a charge can be made on a contractual fee basis as an 'offer' for parking (like CPS attempt to do):

In order to legitimately pursue a motorist, the landowner would first have to prove that they had suffered some sort of loss as a result of the motorist's breach of any alleged parking violation.

And VCS v HMRC and the rest of that wording, is unsafe to rely on; out of date advice - do not use that for your Fleet! You must have got it from an old thread? Try the appeal here instead:

Sticky: **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

HTH