UKPC - Invoice for parking outside my Gym in Chessington, Surrey

Smoof

Yes, have submitted the VAT concern, but can I ask.. what the reason for waiting for the reply to the letter of claim before doing this if they aren't going to respond to the questions that I've asked? - does that come up later in the defence?

..and help anyone in the future when searching here are my answers when submitting a VAT concern to https://www.tax.service.gov.uk/report-tax-fraud/  after receiving a letter of claim : 

1. What type of activity are you reporting to HMRC?
   My answer: "Not paying VAT"
2. Are you reporting an individual or a business?
   My answer: Business
3. What do you know about the individual's business?
   My answer: Business name, trade, address, contact details
4. What is the business' name?
   My answer: As Per LoC
5. What is the business type?
   My answer: "Solicitors"
6. What country is the business based in?
   My answer: United Kingdom
7. What is the business' address?
   My answer: As per LoC
8. What are the business' contact details?
   My answer: As per LoC
9. How do you know the business?
   My answer: "Other - Parking charge dispute"
10. How do you know about the activity you are reporting?
    My answer: "Other - Email communications"
11. How long has the activity been going on for?
    My answer: "I do not know"
12. How much is the total value of the activity, in pounds?
    My answer: "More than £1 million"  
13. How many other people know about the activity?
    My answer: "I do not know"
14. Describe the activity you are reporting
    My answer: "The solicitors representing a private parking contractor claim that VAT is not applicable to their charges."
15. Your contact details - Do you want to give us your contact details?
    My answer: "No, I want to report anonymously"

Smoof

Like clockwork the N1 arrived this morning; the particulars of claim are:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXX at XXXXXX, Chessington, KT6 XXX.

2. The PCN(s) were issued on 01/03/2024

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Parked In A Permit Area Without Displaying A Permit.

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment.

3. Costs and court fees The Claimant believes that the facts stated in this claim form are true and I am duly  authorised by the claimant to sign this statement XXX

Amount claimed £183.56
Court fee £35.00
Legal representative's costs £50.00
Total £268.56

Smoof

For anyone viewing in the future..

I've created my defence using @Coupon-mad's template here: Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited in 2024 — MoneySavingExpert Forum

save for paragraph 3 which I've pinched from here: CEL/DCB Legal PCN - CNBC Claim - Defence Assistance required Please — MoneySavingExpert Forum (thanks @shahib_02 !)

KeithP

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Smoof

The issue date was 4th March, I'm planning on acknowledging the service in Monday 10th

KeithP

Smoof said:

The issue date was 4th March, I'm planning on acknowledging the service in Monday 10th

With a Claim Issue Date of 4th March, you have until Monday 24th March 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 7th April 2025 to file a Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Good research!

Use the template defence.

Smoof

Yes.. that's exactly what I've done.

Smoof said:

For anyone viewing in the future..

I've created my defence using @Coupon-mad's template here: Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited in 2024 — MoneySavingExpert Forum

save for paragraph 3 which I've pinched from here: CEL/DCB Legal PCN - CNBC Claim - Defence Assistance required Please — MoneySavingExpert Forum (thanks @shahib_02 !)

Thanks!

Smoof

I'm thinking of lifting this from my original popla appeal and inserting it between 3&4: 

"The signs located where the alleged contravention took place are poorly illuminated with a high-intensity floodlight directed towards the driver. Such lighting, rather than aiding visibility, creates a glare that significantly hampers the readability of the sign. In other cases there is no lighting at all."

Is there any reason why I shouldn't show this hand now ?

Smoof

Update on progress..

Acknowledgement of defence received from CNBC
Followed by an notice of allocation to the small claims track

Directions questionnaire (N180) now to be filled in:

ref this thread from **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou! — MoneySavingExpert Forum post by @Coupon-mad