Unfair PCN

camm79

Should I decide to run this through and get to court, would it not be the case that I have more to pay (potentially) than the £100 ie additional fees and charges if I lose?

camm79

tincombe wrote: »

How can 'leaving the site' be an enforceable contract term? What does it actually state in their Ts&Cs - these seem to have been forgotten to date?

Having returned to the site today, the sign certainly says that you have to remain on site for the duration of time the car is parked.

tincombe

Which is an unenforceable condition.

Coupon-mad

camm79 wrote: »

Should I decide to run this through and get to court, would it not be the case that I have more to pay (potentially) than the £100 ie additional fees and charges if I lose?

About £150 all told if you lose, which as long as you paid it straight away, means no CCJ and no effect on credit rating. That's all. Most cases never go to court.

UKCPS try a few cases but think how many PCNs they issue across the country. The vast majority never go to a hearing at all.

camm79

Quick update: received a response from CEO who passed it to head of Cust service. End result - they attempted to appeal to ukcps to no avail. Ukcps have since replied to my appeal letter taken from here (and noted earlier in thread) with a standard rejection letter. So standard in fact that they haven't even amended the #^~) sections of the pre filled template letter!! Next step is the kangaroo court or pay the reduced £60 in next 21 days.

Coupon-mad

No to the kangaroo court...don't hand them the 'advantage' of an IAS pseudo-win with nothing in it for you, if this ever does proceed to court.

The_Deep

If you want to tease UKCPS further, you can ask them about v.a.t. as they appear to have a problem with it.

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

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

More reading here

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

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

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

If you suspect tax evasion report it to the fraud hot line here

http://forums.moneysavingexpert.com/showthread.php?t=5087925&highlight

beamerguy

The_Deep wrote: »

If you want to tease UKCPS further, you can ask them about v.a.t. as they appear to have a problem with it.

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

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

UKPC = VAT NUMBER: 888 2461 77

If they ignore/refuse to provide a VAT receipt then advise HMRC
It does not matter if you can claim back VAT or not, a company is obliged to give a VAT receipt if they are VAT registered.
Customs and Excise are very clear that contractual charges are subject to VAT.
The question must be is how do UKPC account for these charges, they claim that you have broken a contract ?, maybe they don't pay the VAT HENCE they do not want to provide a VAT receipt.

HMRC do indeed cross reference

Is it a contract as they claim or not if they cannot account for VAT

camm79

It would be met with the same response as the first letter. They merely sent a standard rejection letter (badly edited) without responding to my questions.

I have till 5pm today to pay up or take my chances.

Main concern is the debt letters etc as I work in finance!

Grimble

They are begging letters, totally powerless to do anything although they will lie and twist things to make it look like they can, at the end of the day they cannot effect your credit rating. Never respond or phone them.