capitol car park control (update) now with added hijack

nosferatu1001

No, this is frmo the BPA point of view, which is all they need to opine upon
They dont care about his tax structures, they have just changed the entity from the Sole Trader to the Ltd company
Also, no, we've been through this. The Sole Trader may continue even if tehy are a Director of another company. You cannot say the entity no longer exists either, as that is a nonsense - the T/A CCPC never existed as an entity, the only entity that existed still continues to exist, which is the natural person 

blackdog2220

If you own a limited company, then you would not be classed as self-employed by HMRC.

beamerguy

". We have been sending invoices to Mr Szmidt from the point of him joining the BPA in 2010, up to when he asked us to change his entity to Capital Car Park Control Limited effective from 24 August 2020."

This stinks ?   Why then as shown in your screenshots was the non limited company still showing in Feb 2021 and all of a sudden it was changed to the limited company ?

BrownTrout

blackdog2220 said:

If you own a limited company, then you would not be classed as self-employed by HMRC.

That isnt actually correct
You seem a bit obsessed with this companies legal structure, it has no real relevance as long as the paperwork is correct at the time for any parking event as to which legal entity is being dealt with.

blackdog2220

You can have a Limited company and act as a Sole Trader at the same time but the businesses need to be totally separate. 

and it can clearly be seen that cases brought by Mr smitz are combining both the T/A and the Ltd , , bringing cases from way back , in T/A times but using the Ltd name to bring cases 


 therefore the entities are not seperate , and he is breaking company house rules 

nosferatu1001

...which has no bearing on 
- the BPA
- any potential legality of the parking charges
Also, being self-employed or not has zero bearing on whether you can act as a sole trader. They are two different issues, neither of whcih has, again, any bearing on this situation
What actually matters is
- whether CCPC Ltd has lawfully been assigned any debt assets from the sole trader - ie proper notices of assignment
- whether CCPC Ltd has been shared data from the sole trader, as that would not have been in line with reasonable cause to process 

Umkomaas

I think we have to let those cases play out, if they ever do, because there's enough flak about for all parties - Szmidt, his sols and the BPA - to make them think twice about exposing this to a Judge. 

I think we've done enough bumping of gums (and gnashing of fangs!) and are at the point where the law of diminishing marginal returns has long passed. 

The effort should be saved for help with Defence and WS on a one-by-one basis, but using all the armoury regarding the status of the individual and his company surgically at that point. 

blackdog2220

black and white do you 
the later company claiming (this was a default ccj) a case from many yrs previous when the entity was T/A 
according to companies house "You can have a Limited company and act as a Sole Trader at the same time but the businesses need to be totally separate. "
therefore a breach of either data protection or a companies house breech 
just how did a company that was formed in 2020 obtain documentation from a different entity (non AOS registered ) and comply with the DVLA and BPA (and many others) 

nosferatu1001

Actually they dont have to be completely separate - you just must not act against the interests of the company you are a director of. 

I already pointed out the two issues at hand. 

blackdog2220

ouch ,, one entity is setting the other up for a big (financial) fall 

never mind