PCN from UKCPS

LizW

Sister asked me to pay a PCN for her for parking in a disabled bay at a retail park (I know, I've told her off for that) as she is skint.


Obviously I read up here that paying isn't an option if you don't have to.


So I've read the newbies thread and was just drafting the appeals letter and have a couple of questions -


1. UKCPS don't have online appeals so I'd have to draft a letter but isn't that giving them your home address to harass you further if at this stage they don't have your details from the DVLA;


2. Other posts say that UKCPS don't use POPLA just IAS and the appeal is always rejected - obviously I don't want her to actually get to being summoned at court.


What do you suggest?

Quentin

1. You never want to reveal the driver's identity. But revealing the keeper isn't needed as they find that out themselves.


2. The only sure way to avoid that is to pay up. But you/she could first follow the procedure set out in the FAQ and wait and see if they issue any court proceedings before paying up

The_Deep

This company appears to have a problem a problem with v.a.t.

If this is contractual charge as they claim, it is a fee for parking and thus vatable. Have they accounted for vat on their paper work?

If not it becomes liquidated damages form a breach of contract. No vat is payable but it can only be enough to compensate them for losses arising as a result of the the breach, i.e. staff uniforms, N.I. Contributions, etc., and GPEOL applies,

It is also a penalty asd neither they nor their principals have suffered a loss due to youe sister's actions, and private companies cannot invoke penalties. So, unless they can account for vat they are Donald Ducked.

Ask then for a vat invoice. If they ignore, (which they probably will), it is a useful stick with which to beat them if it gets to court.

More reading here

https://forums.moneysavingexpert.com/discussion/5087925=

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

https://forums.moneysavingexpert.com/discussion/5195437

If you suspect tax evasion go here

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

Redx

LizW wrote: »

Sister asked me to pay a PCN for her for parking in a disabled bay at a retail park (I know, I've told her off for that) as she is skint.


Obviously I read up here that paying isn't an option if you don't have to.


So I've read the newbies thread and was just drafting the appeals letter and have a couple of questions -


1. UKCPS don't have online appeals so I'd have to draft a letter but isn't that giving them your home address to harass you further if at this stage they don't have your details from the DVLA;


2. Other posts say that UKCPS don't use POPLA just IAS and the appeal is always rejected - obviously I don't want her to actually get to being summoned at court.


What do you suggest?

1) to appeal you have to appeal as an entity (so lets assume you appeal as keeper, or the sister does, with a serviceable address as well

this address can be any address they can send the mail to , doesnt have to be yours or hers, just one you can easily get mail from, which is why you can use ANY serviceable address

if no appeal is forthcoming, they will obtain the RK details from the DVLA and write to that address, so if that was the sister then they will get it anyway, regardless

and yes they will harass that person at that address, usually the RK

2) what you want is not relevant, they can and do take people to court (altough its not a summons as its small claims court, a civil matter). they have 6 years to do this and have had that ability ever since they issued the pcn, nothing you can do about it other than pay the charge

so if you dont pay the charge, or if she doesnt, then the RK , assume the sister, can be taken to the small claims court at any time over the next 6 years

so if nobody pays, court is always a possibility, with UKCPS in charge and nothing you can do about it

I predict 2 things out of the 3 possibilities

1) UKCPS will deny the appeal

2) the IAS will also deny the appeal

I cannot predict the third one, its either harassment and court, or harassment and the pcn times out after 6 years and no court