EMA airport fine for stopping at the fuel station BP Fuel station.

stuopolis

Looking on line and on the local papers web sites (Notts, derby and Leicestershire) even the BP garages google comments show 70 plus complaints of unfair charges. How on earth has this parking industry been allowed to ride rough shod over us ?

Just to get a little satisfaction it’s good to read about the Appeal Refusal TC05196 and READ all the squirming, while attempting to claim the VAT back on earnings from issuing PCNs ! ha ha ha

TC05196 Vehicle Control Services Ltd. v The Commissioner for her Majesty’s Customs

Their business income in 2013 just from PCNs was £435,669.00 !

Coupon-mad

How on earth has this parking industry been allowed to ride rough shod over us ?

Because the Government got it wrong in 2012 when they banned clamping but handed a rogue industry a power they should never have been allowed to have (keeper liability for a contract even if they were not driving) but NOT ON AIRPORT LAND.  And the Supreme Court got it wrong in 2015.

However, the Government has stepped in and change is coming, in the form of regulation:
https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response

Just to get a little satisfaction it’s good to read about the Appeal Refusal TC05196 and READ all the squirming, while attempting to claim the VAT back on earnings from issuing PCNs ! ha ha ha
TC05196 Vehicle Control Services Ltd. v The Commissioner for her Majesty’s Customs

They won the HMRC case.  

Parking firms don't have to pay VAT, albeit the decision is old and needs revisiting, IMHO.

stuopolis

Hi Coupon mad. thanks for your reply.

They lost their appeal !  they tried to claim VAT relief on their PCN turnover ! the government stopped them after three or maybe more appeals.....search

assets.publishing.service.gov.uk/media/58ac4cc5e5274a2a5c000040/vehicle-control-services-v-hmrc.pdf

Coupon-mad

they tried to claim VAT relief on their PCN turnover !

But parking charges are not subject to VAT so this wasn't about PCN turnover.

stuopolis

That’s the whole point, VCS tried to claim relief as though VAT was included, and got caught doing so. Hence they fought hard and appealed many times and again their appeal was denied.

Sorry to go on Coupon-mad, I’m new to all this, so apologies please.

Coupon-mad

Interesting, I must read it when it's not so late!

https://www.gov.uk/tax-and-chancery-tribunal-decisions/vehicle-control-services-limited-v-the-commissioners-for-hm-revenue-and-customs-2016-ukut-0316-tcc

Castle

I mentioned it more than 3 years ago;-
https://forums.moneysavingexpert.com/discussion/5768837/vcs-vs-hm-revenue-the-sequel#latest

Le_Kirk

Your defence (even though we might have made some suggestions BEFORE you submitted it as it comes across as a bit of a rant and is partially written in the first person) has been given the thumbs up by @Coupon-mad.  As she says, you will get a chance, if you need to, to expand, back up and support that defence with evidence in your witness statement (WS) later in the process.

Johnersh

@Le_Kirk is correct insofar as the defence is 3 paras of defence and about 10 which simply read as objection that someone has the temerity to sue.

Since the court does not have the power to change statute law, it'd probably be best to wind down the heat and spend more time on the legal basis to defend. 

stuopolis

Hi castle! good morning, yes well spotted back then, but this needs keeping fresh in everyone’s mind, just to encourage us all to fight the shysters, give awareness to the underhand capabilities of a Cowboy Company, These uttering are just my own private opinions by the way, without prejudice..... it somehow needs to get to Big retailers who give their carpark to these animals, the Bluechip companies and of course East Midlands Airport/IPC/Harvest Energy/and Mr Charlie Cornish CEO East mId & Manchester Airport. (Charlie.Cornish@manairport.co.uk) but being a newbie I don’t know the regs........I actually await two email replies from Charlie Cornish, I have a very high regard for the guy who actually signed the Contract for VCS to operate on the BP site, it’s a Mr Ian Woodcock the retail director of Harvest Energy Ltd. He has promised to investigate VCS, he tells me yesterday that he has written to them, and even tried personally telephoning them, according to Mr Woodcock they have not responded or returned his call yet! and that’s the retail Director who signed them in. Amazing. My MP Dr Caroline Johnson has also written to VCS, she is without reply too, interestedly shes a Sleaford Lady, and a few weeks ago VCS stopped using their Sleaford based litigation people ELMS. ( I hope it’s down to me ) I promised myself, because of this unfair ticket I have received to even the playing field with these rouge traders. One would expect these high clout companies would have a “DUTY OF CARE” for users of the places they control. I am new to all of this, it has absolutely amazed me that a company like Parking Eye / VCS Ltd can also take the urine out of Magistrates and unfairly harness the regulations/civil rights/HUMAN rights and thrive to million pound turnovers from a seemingly uncontrolled rampages. I have been researching lots of shenanigans from the past, One gentleman, an ex war veteran, a double amputee! taken through the mill by VCS for a parking offence technicality enforceable by law ! How the hell does that work? one DHL worker at EMA filmed at his works gate on early shift stopped to unlock the double gates in the DHL driveway! One driver filmed at the actual car park entrance barrier, struggling to reach the machine to activate the barrier to lift gets a PCN ! VCS are the grande masters for all this sort of unreasonable predatory mo. their are thousands of incidents like this, they have a big shock coming, I personally hope they go bust, the industry they have chosen is dyeing, I’d love to drive the stake through their heart. First of all and quickly, they should be legally made to remove the incentives and target bonus they offer to their enforcers, actually I think it’s one of the reasons why VCS swapped from BPA to IPC a few years ago, BPS code of practice actually have written regs saying that it is not allowed to give incentives to enforcers in their COP. in the IPC code of practice I can’t find the incentive policy at all, very convenient?  and in my humble opinion that’s the main problem. It incenses me and winds me up so much, my passion is to see these practices of using this little legal word here, that little loophole their, this white lie to the magistrate, and this massive intimidation to the motorist stopped, does any feel the same way ? Or do I need a councillor ?   Happy parking everyone.