Author Topic: Britannia Parking Charge Notice  (Read 2118 times)

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Britannia Parking Charge Notice
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Morning everyone, I have received a Parking Charge Notice, saying the car was 2Parked Longer that the maximum time permitted" approx. 34 minutes in Wilmslow. The car is registered to a person but to my company. My company is VAT and UK Registered. From what I see I don't have to disclose the driver and the letters are addressed to "The Company Secretary", I type a response but never bothered to send it, then I received a second letter "Final Reminder" again this addressed to "The Company Secretary" ; both letters do not show an invoice number or a VAT number, they do have the Company House Registration Number in small print at the bottom. I not sure as a VAT Registered Company I should pay this as it does not disclose how the fine is broken down, what per-portions is VAT, is the £70.00 Total Net of VAT

The final reminder also say “that entering the car park “Waitrose” The driver of the car has contractually agreed to the terms and conditions. Any Advise on how best to move forward.

if you need scanned images of the letters let me know. Thanks

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Re: Britannia Parking Charge Notice
« Reply #1 on: »
Please have a read of this and then post a suitably redacted image of the original Notice to Keeper (NtK) you received but leave all dates and times visible. We don't need to see any reminders or upcoming debt collector letters.

READ THIS FIRST - Private Parking Charges Forum guide

This is confusing:

Quote
The car is registered to a person but to my company.

Is it registered to a named person or is it registered to the company name?

It is too late to appeal now if you've received the reminder. If the vehicle was parked at Waitrose, was it because the driver or someone in the vehicle was shopping there? If so, have you tried asking Waitrose to get the PCN cancelled? Don't simply go to a lowly customer service bod, aim as high up the management food chain as possible.

This is likely to end up as a claim which can be easily defended. In most cases, a defended claim is eventually discontinued. They rely on their victims to pay up once the threat of litigation starts. They rarely want to go all the way to a hearing.

With regards to the VAT aspect. There is no VAT on PCNs. Whilst the NtK is only an invoice, not a "fine", and VAT is not applicable, they will shoot themselves in the foot eventually as they will add a "fake" £70 which is VAT liable but will conveniently forget to show the VAT element, the defrauding HMRC. We deal with that separately, as and when.

Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Britannia Parking Charge Notice
« Reply #2 on: »
Car registered to the company
should Vat not be on all charges made from a registered UK company to a UK company?
Not tried Waitrose, I can ask as the person drving was going to visit a specalist "They have Stage 4 Cancer and is on Palliative care, they we going to see a finance specalist to sort out Pension, Business Transfer etc.. I suspect they also did some shopping.

Re: Britannia Parking Charge Notice
« Reply #3 on: »
Sorry to hear about the driver's unfortunate circumstances.

The VAT is a sideshow, and if there was an issue, this would not on its own necessarily affect whether or not the contractual charge is owed.

If you show us the parking charge notice then we can advise on any technical flaws with it.

Re: Britannia Parking Charge Notice
« Reply #4 on: »
Please see attached JPG ; I removed Company name & Address and the Registration ; if you need these details please reply. Thanks You

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Re: Britannia Parking Charge Notice
« Reply #5 on: »
Just a note the number writen on the top of the first scanned image is Britannia registered VAT Number ; I*'m sure at some point this and the fact they charging compaines without declaring VAT will be and issue to HMRC.

Re: Britannia Parking Charge Notice
« Reply #6 on: »
We don’t need to see the reminder. However we need to see the wording on the back of the original NtK.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Britannia Parking Charge Notice
« Reply #7 on: »
reverse side on original notice.

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Re: Britannia Parking Charge Notice
« Reply #8 on: »
They don't appear to be making any effort to use the provisions of Schedule 4 of the Protection of Freedoms Act (PoFA) to hold the registered keeper liable. As such, only the driver, who they do not know, is liable. The company can therefore appeal along the lines of the below:

Dear Sirs,

We have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. We note from your correspondence that you are not seeking to hold us liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

As a body corporate, we cannot have been driving. There is no obligation for us to name the driver and we will not be doing so. We are therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

You are appealing as the keeper (in this case the company). If appealing online make sure you only tick any boxes etc. that identify you as the keeper, and keep a close eye on your spam emails for their reply. The deadline for appeals is approaching so be sure not to miss it.

Re: Britannia Parking Charge Notice
« Reply #9 on: »
Letter sent today by recorded delivery, "Cut & Paste" No Name mentioned and signed by a member of staff with a very un-readable signature. I'll keep you all updated and thank you.

Re: Britannia Parking Charge Notice
« Reply #10 on: »
You'd be much better off submitting online.

A general issue with Recorded Delivery (aka signed for) is that if the recipient refuses to sign for the delivery, then all you're left with is proof the letter has not arrived. In future, if communication can't be done online, regular first class post with a free certificate of posting is better, as you enjoy a presumption that the letter was delivered 2 working days after posting.

Appealing online means the appeal is received immediately.

Re: Britannia Parking Charge Notice
« Reply #11 on: »
Why on earth did you waste money and time on recorded delivery? If you are going to insist on sending anything by post, all you need is a free "proof of posting" certificate from any Post Office.

Better still, use email. No paper, no money and free proof of sending and receipt (as long as it isn't bounced back as undeliverable).
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Britannia Parking Charge Notice
« Reply #12 on: »
Ideally, the online appeals Portal is the first port of call.

Re: Britannia Parking Charge Notice
« Reply #13 on: »
Yes thank you for you comment on my posting a lettter, I know I can do online and free email but I'm old school and like to have a paper trail and a signature is cost what £2.50 not a big deal and I have what i like in business a paper trail. thank you all for your comments, let see how it goes. The message has got through that all that matters.

Re: Britannia Parking Charge Notice
« Reply #14 on: »
The message has got through that all that matters.
Providing they sign for it.

If you want to do things by post that is your call, although if you are I would recommend using regular first class post for the reasons I outlined previously. You enjoy a presumption of delivery with first class post, no such presumption if a 'signed for' delivery does not arrive.

Anyway, with regards to this appeal, they should respond within 28 days (beginning from the day on which your appeal is received, if it arrives in time for the deadline). Sometimes, where appeals are successful, they don't bother letting you know, but don't assume a lack of response is a good thing - if they don't respond within the time allowed, chase them.