Excel parking DCB Legal court claim

jono78

PPC? excel parking?"

Yep. Excel parking

Assuming the ppc is Excel why are DCB quoting BPA CoP?

The response from the template includes

I am seeking independent debt advice and formally request that this matter be put on hold for 30 days in accordance with the Pre-Action Protocol for Debt Claims (PAP).

Additionally, I note that the amount being claimed has increased by an exaggerated £70. I have two questions under the PAP:

1. Does the additional £70 represent a 'Debt Recovery' fee, and if so, is it inclusive of VAT? If the latter, please explain why I am being asked to pay the operator’s VAT.

2. Is the principal PCN sum considered damages or consideration for parking?

jono78

About time the legals updated their template reply to state the VATSC06140 was updated 30th August 2024.

How does that change the guidance? Is it not relevant anymore or does it impose restrictions on parking companies?

jono78

ah some guidance i found on this

Key Points from VATSC06140 Related to Parking Companies:

1. Nature of Charges:

   • The guidance distinguishes between different types of charges that a parking company might impose:
     • Parking Fees: Charges for the use of parking facilities, which are generally subject to VAT.
     • Fines or Penalties: Charges for breaches of parking terms, such as overstaying or parking in prohibited areas. These are usually classified as penalties rather than a payment for a service.

2. VAT Treatment:

   • Parking Charges: These are subject to VAT at the standard rate because they are considered a supply of services.
   • Fines: Penalties for breaches of parking regulations are generally not subject to VAT, as they are not payments for a service. Instead, they are seen as a punitive measure for non-compliance.

3. Impact on Parking Companies:

   • Parking companies need to correctly categorize their charges to ensure they comply with VAT regulations. Misclassifying fines as VATable services could lead to compliance issues and potential penalties from HMRC.

4. Reimbursement of VAT:

   • If a parking company collects VAT on a service incorrectly or misapplies VAT to fines, it may need to rectify this by issuing refunds or making adjustments in its VAT returns.

5. Legal Framework:

   • The guidance aligns with broader VAT legislation and regulations, emphasizing the importance of understanding the nature of the charges to ensure correct VAT treatment.

Coupon-mad

Wondering why look outside the forum for that?  This isn't something new.

Just report the legal to HMRC for 'VAT concerns' and how to do that is on the forum for the sake of a search.

jono78

Why are you looking outside the forum for that?  This isn't something new.

I guess because it wasn't clear to me what that post meant. 

About time the legals updated their template reply to state the VATSC06140 was updated 30th August 2024.

Contextual information within a post can be useful. If this information is elsewhre in the forum then happy ot link to it.

Does it mean the template needs to be updated?

so next steps should be to report to hmrc.

Figuring out how i should respond to the email

Coupon-mad

The template doesn't need updating.  How to report a parking DRA to HMRC for VAT concerns is easily found by searching for one 'word' (that you just quoted...the VAT code).

If there was a step after LBC exchange of emails it would be in the NEWBIES thread. Consumers don't always have to reply. Await the claim form.

jono78

excellent thanks

jono78

I have now had a letter from the courts. A Claim form. I'll now read through what i need to do

Gr1pr

Post the claimant and lawyers names below,  plus change the thread title to something more suitable too

Post the issue date on the claim form  below 

Post a redacted picture of the POC on the bottom left,  after hiding the VRM details first 

jono78

Issue date was 5th Dec - I just filled out the Money claim online following this advice https://www.dropbox.com/scl/fi/66vzl2vy3l8mb2gs5b02r/MCOL-AOS-help-file.pdf?rlkey=ugcctwom3n4hm3eh6fmtsw17p&e=1&dl=0