PoFA Requirements met...

Pu5hkin

bod1467 wrote: »

Do UKCPS allege that a windscreen ticket was issued?
Was the NtK issued within 14 days of the "offence"?

No, UKCPS don't allege a windscreen ticket was issued. The 'offence' by the driver was late one Sunday evening in a retail park, when all the outlets, except the leisure centre on site were closed. So the car park was empty. There would have been no point paying someone to walk around issuing tickets. There must have been 3 spaces out of 300 in use.

Thank you for the advice about PE. I will bang that letter out to them this avo too. Although I'm guessing if they tried to start proceedings without first adhering to the Practice Direction on Pre Action Conduct, then that would be a bit of gift for my defence. I have so far had no LBCCC from them, although they did send me a letter that lines up a number of possible options they might pursue. Their original charge letter is neither a notice to keep or driver.

Pu5hkin

Thanks for the replies about VAT. I have read all the linked conversations and I think this is something that will form part of the POPLA defence once the tickets are redirected to the driver. Neither the invoices from PE or UKCPS state that they include VAT, nor indicate the original vattable sum.

Pu5hkin

Sorry to be stupid, but I think I've come across a technicality which could mean I get to appeal without revealing the driver. I'm pretty certain I have heard nothing from UKCPS between receiving the original notice and the LBCCC. Are they required to write to me separately as the keeper once the 28 day PoFA requirements have been met, or was that already covered in the first 'invoice'? (Wording was to keeper, PoFA info included, but theoretically I could have passed the notice on the driver...? How would I know the driver hadn't paid it unless they wrote to advise?)

Fergie76

To comply with POFA and invoke keeper liability, they need to write to the registered keeper between day 29 and 56.

Although there is no technicality to stop you revealing the driver. If you don't want to reveal the driver, that is your prerogative, however, they can then invoke keeper liability, IF they comply with POFA12.

Umkomaas

Castle wrote: »

The only way they could avoid VAT would be to issue PCN's for damages in their own name (i.e as principal). This is what was decided eventually in HMRC v VCS; but that related to private land rather than a retail park for example. Of course if they don't have to charge VAT, then they can't claim it back on all the equipment they buy.

If they are acting as an Agent then they will have to charge VAT on the services they provide to the Principal irrespective of whether the PCN is a fee or damages.

Turnover >£81k, VAT registration not optional.

Parking tickets @ £81 (average, for ease of calculator-free maths) =1,000 tickets p.a., 20 tickets per week? Half a dozen staff? Hardly worth being in business and hoping to turn out any form of profit and, at the same time, legitimately remaining below the VAT threshold?

Jackanory!

Umkomaas

Pu5hkin wrote: »

Sorry to be stupid, but I think I've come across a technicality which could mean I get to appeal without revealing the driver. I'm pretty certain I have heard nothing from UKCPS between receiving the original notice and the LBCCC. Are they required to write to me separately as the keeper once the 28 day PoFA requirements have been met, or was that already covered in the first 'invoice'? (Wording was to keeper, PoFA info included, but theoretically I could have passed the notice on the driver...? How would I know the driver hadn't paid it unless they wrote to advise?)

You're over-thinking this. There are no 'technicalities' via which you can effortlessly sidestep this. Don't waste time clutching at straws. Tackle things head on.

Even if you found a 'technicality', it won't stop the PPC attempting to grasp money from your pocket, they simply ignore it and plough on.

Pu5hkin

Okay. I thought I had to find the errors in order to tackle things head on. I guess my best option is to hope to reset the clock and then I will have a better chance of beating PE and UKCPS. Thanks for all your help.

ampersand

re: parking lie, be on watch for Beavis Appeal judgment[Threads/ref.s galore via Search this Forum] and lie's omission of any mention of this 'minor/irrelevant detail'.
#
Pu5hkin - congratulations on using Forum, searching and reading diligently and trying to make good use of the accumulated advice here.

So many don't, it's refereshing to see one who does, hence my thanks for your posts. Warm welcomes to mse:-) and post any drafts for a critique when you're ready.

Pu5hkin

Thanks for your support everyone. I have sent the standard Reset the Clock type letter with PoFA quotations to both UKPCS and PE. Kept it short and to the point. Will wait and see what happens next.

Coupon-mad

Was the NTK from UKCPS a postal one then, are you sure? I would NEVER tell UKCPS who was driving...too late though.