Re: Private residential underground parking charge notice

by **daveiron** Thu Jun 18, 2020 4:43 pm

Ignore texts etc. Make sure everything is via Royal Mail only.

by **LionsShare** Thu Jun 18, 2020 5:01 pm

Excellent news & POV all round.

by tattyboggle Mon Jul 13, 2020 12:26 pm

Update:
Since writing to ZZPS, ignoring the text message from QDR and blocking the number, I've had no further letters, texts or demands.....so far!

by **LionsShare** Mon Jul 13, 2020 12:39 pm

excellent news but I fear things are not over for you yet.

I too am in a state of if you like limbo through my escapades with utilities, by not having had contact for quite some time from 1 util Co, that I suspect is down to this CV19 BS but I beleive all will change shortly.

LS

by tattyboggle Mon Jul 13, 2020 12:54 pm

I suppose it all comes down to whether https://www.boevat.org.uk/ works or not.

by **daveiron** Mon Jul 13, 2020 1:55 pm

Hi,
They have nothing to take you to court for. You have not refused to pay,indeed
you have twice offered to pay.
You are entitled to a proper vat invoice. No business will pay without an invoice,
so why should you.
My thoughts are this will just go away.

by **LionsShare** Mon Jul 13, 2020 2:10 pm

daveiron wrote:You are entitled to a proper vat invoice. No business will pay without an invoice, so why should you.

Too true!

daveiron wrote:My thoughts are this will just go away.

Lets hope so.

by tattyboggle Sat Feb 06, 2021 3:06 pm

Just an update on this as they have tried again with 2 letters saying this is outstanding and now passed over to a DCA that "As seen on TV!".
Holding the line that they require a proper vat invoice and there has been an offer to pay if the send proper invoice.

by tattyboggle Sat Feb 06, 2021 3:07 pm

Can anyone point me to the legislation proof that they must send a proper invoice?

by **LionsShare** Sat Feb 06, 2021 4:38 pm

Tried to find quickly - bit too busy at the Mo, try: https://www.legislation.gov.uk/ukpga/Vict/45-46/61

you are looking for references to VAT

LS

by **daveiron** Sat Feb 06, 2021 4:39 pm

Try this tack ,threaten them with the VAT man.
https://www.revenue.ie/en/vat/vat-records-invoices-and-credit-notes/invoices/index.aspx

by **LionsShare** Sat Feb 06, 2021 4:46 pm

look for this:

https://goodf.forumotion.com/t4710p25-boevat-council-pcn-traffic-tribunal#31738

Cheers to Pitano1 for this

Bills of Exchange Act 1882 - Acceptance, Signature and Delivery

Read this excerptOpens in a new window from the Bills of Exchange Act 1882.
Obligation to provide a VAT invoice

Regulation 13_ VAT Regulations 1995.Opens in a new window
The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice
ps.
The above applies to any commercial business...including councils.Very Happy
ps.
you need to rebut the last letter...with a...NOTICE as per- DI

Also, any commercial court will be bound by the above.

So...assassins thoughts are spot on.

by **assassin** Thu Feb 25, 2021 2:27 am

I simply dont mess about with them as the first thing I do is take it out of the legal sphere and put it into the commercial law sphere, once here I hit them with full commercial and contract law and they can't legally or lawfully respond as they can only respond in the legal sphere.

by flyingfish Thu Feb 25, 2021 1:27 pm

tattyboggle wrote:Can anyone point me to the legislation proof that they must send a proper invoice?

The Value Added Tax Regulations 1995 s.13

Obligation to provide a VAT invoice
13. —
(1) Save as otherwise provided in these Regulations, where a registered person—
(a) makes a taxable supply in the United Kingdom to a taxable person, or
(b) makes a supply of goods or services other than an exempt supply to a person in another member State, or
(c) receives a payment on account in respect of a supply he has made or intends to make from a person in another member State,
he shall provide such persons as are mentioned above with a VAT invoice.

Where "registered person" means a VAT registered supplier, "taxable supply" means not outside the scope and "taxable person" means one who is is VAT registered.

by tattyboggle Fri Mar 26, 2021 3:11 pm

Further update. DCBL have continued to pursue the matter. I have written to MP and raised the issue of forwarding personal details. Further correspondence has been passed on to other MPs regarding DCBL's threats to expose people through TV coverage.

Private residential underground parking charge notice - Page 2 Img_1010

Private residential underground parking charge notice - Page 2 Img_1011

by flyingfish Fri Mar 26, 2021 3:32 pm

Getting a bit confused. Who is the original parking company? Earlier posts said "One Parking Solution", then later didn't you say it was Parking Eye? But the DCA letter is back to One Parking.

If it's Parking Eye I'm surprised they've not gone to court yet as they are very litigious.

by tattyboggle Fri Mar 26, 2021 3:51 pm

Its One Parking Solution Ltd....sorry if there was some confusion.

by tattyboggle Fri Mar 26, 2021 4:14 pm

IPC code of practice.
https://theipc.info/brandings/2/resources/documents/Code%20of%20Practice%20v7.pdf

22 Debt and Debt Collection
22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings.
22.2 Operators cannot sell the Parking Charge to a third-party company.

by tattyboggle Fri Mar 26, 2021 4:19 pm

IPC code of practice clearly states parking companies must comply with contract law.

25 Legal and Additional Obligations
25.1 The Code complements the relevant legislation and related guidance, which will define the overall standard of conduct for all Operators. Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses.
Examples of relevant law and guidance within this sector are:
a) Consumer Protection Law;
b) ContractLaw;
c) The Data Protection Act / The General Data Protection Regulation (EU)
2016/679;
d) EqualitiesAct2010;
e) Occupier’s liability borh in statute and tort;
f) Parking (Code of Practice) Act 2019;
g) Protection of Freedoms Act 2012, including Schedule 4; h) Tort of trespass.

by **daveiron** Fri Mar 26, 2021 4:47 pm

You could try this as a basis for reply Sorry its only a rough draft

NOTICE-OF-NON-RESPONCE-AND-OPPORTUNITY-TO-CURE

Take Notice .I have informed you on xx occasions that I will upon receipt of a valid
bill in accordance with the Bills of Exchange Act 1882 which I am entitled to,make
payment to you for any service you have provided to me or any charge you believe
you can make upon me.
To date you have failed to supply any such lawful bill or an explanation why you
have ignored all such request. Instead you have chosen to extort money from me
by engageing bailiffs in a clear attempt to intimidate me.
It is my belief that your unwillingness to provide a lawful bill is or may be an act of
fraud.
Also take Notice that all charges added by third party interlopers will under no
circumstancies be paid by me. Should any third party acting on your behalf seize
or attempt to seize any property belonging to me you will be held vicariously liable.

by flyingfish Fri Mar 26, 2021 5:16 pm

I'd suggest ignoring DCA unless or until you get a real Letter Before Action. Meanwhile have a think about how to construct a defence based on your friends rights to the parking space as a tenant, and the fact that he, as an entitled user of that space, authorised you to park. You might consider whether or not he was consulted at the time the parking company was engaged to "police" parking.

by tattyboggle Fri Mar 26, 2021 6:02 pm

Thanks for continued support.
On some of the points raised above.
Daveiron: "Also take Notice that all charges added by third party interlopers will under no circumstancies be paid by me."

I think this is correct as stated in Protection of Freedoms Act 2012 schedule 4, which they refer to.

(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

With regard to the proper invoice issue, they respond with reference to
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

This doesn't mention anything about proper invoices.

However being members of the IPC and the code of conduct stating they must adhere to.
b) ContractLaw

ref: https://theipc.info/brandings/2/resources/documents/Code%20of%20Practice%20v7.pdf

I'm trying to connect Contract Law with the production of a proper VAT invoice.
I know from the HMRC website they say

Who are taxable and accountable persons?
Who is a taxable person?
A taxable person is any person who independently carries out a business in the European Union (EU) or elsewhere. It includes persons who are exempt from Value-Added Tax (VAT) as well as flat-rate (unregistered) farmers.

Who is an accountable person?
An accountable person is a taxable person (for example, an individual, partnership, company) who:

supplies taxable goods or services in the State
and

is registered or required to register for VAT.
As such they are required to charge VAT in the State.

by tattyboggle Fri Mar 26, 2021 6:41 pm

From
https://stewartaccounting.co.uk/wp-content/uploads/2017/12/Do-you-always-have-to-issue-a-VAT-invoice.pdf

Are invoices essential?
Contrary to what you might expect, there’s only one situation where you’re required by law to issue an invoice, that is where you and your customer are both VAT registered.
If you have a retail business and your system is only set up to issue receipts, it can be a nuisance to have to produce a VAT invoice if a customer asks for one.
Note. A receipt is not an invoice, it’s an acknowledgment of payment. While much of the information might be the same, an invoice must show the word “invoice” and include certain information that a receipt typically doesn’t .

Tip. You can refuse to provide an invoice unless you’re VAT registered and the customer can show they are making the purchase for a VAT-registered business or other organisation.
If you issue an invoice voluntarily or because you’re required to, keep things simple by sticking to the same format even though less information is needed where the customer isn’t VAT registered.

One Parking Solution Ltd do not indicate anywhere in any of their correspondence a VAT registered number despite them being VAT registered.

by tattyboggle Fri Mar 26, 2021 6:43 pm

flyingfish wrote:I'd suggest ignoring DCA unless or until you get a real Letter Before Action. Meanwhile have a think about how to construct a defence based on your friends rights to the parking space as a tenant, and the fact that he, as an entitled user of that space, authorised you to park. You might consider whether or not he was consulted at the time the parking company was engaged to "police" parking.

They have issued PCNs to the resident for not displaying the permit properly! As per their notices displayed.....they claim.

by **daveiron** Fri Mar 26, 2021 6:45 pm

Here you are ; they are vat registered ,even if its zero rated they must
provide a vat invoice
VAT no 278651756

https://ukparkingsolution.co.uk/

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