Author Topic: CPM parking on double yellow in private land (carried over from pepipoo)  (Read 314 times)

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slapdash

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I wonder whether any 'extracurricular' complaints to HMRC et. al. might be best saved until after the claim has been dealt with.

Trying not to stray too far OT.

There are many other likely VAT related issues than the point highlighted by b789. If the contract purports to include agreement by the client to agree a £70 charge that could be a taxable supply to the client. (In effect I agree £100 within 28 days, £170 thereafter).

In any event as soon as a court claim is either DNC'd or lost there are other issues since all those purported taxable supplies didn't happen but have been included on returns. In an industry that is somewhat based around court claims that is a problem. Getting HMRC interested won't be easy, especially from any party not directly involved
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b789

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Itís a valid question which is likely sowing worry amongst the scamming debt collectors. It takes about 3-4 minutes to report the suspicion and anyone can report it but it has more weight if you can evidence a lack of response to the question.

The suspected fraud is in the £millions and besides the loss of revenue, it is the PPC victims who are funding the DRAs.

https://www.gov.uk/report-tax-fraud

slapdash

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The other significant VAT issue is the state of the original charge.

If the alleged contract is such that the original charge is liquidated damages then it's not a taxable supply in the first place.

If, however, it is constructed as some expensive form of premium parking service it is a taxable supply.

DWMB2

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Whilst this discussion around VAT is all very interesting, unless the OP has ambitions to be the next Barry Beavis I think we should focus on helping with his defence for now.

Once he has dealt with the underlying charge (and any alleged liability he might have for it), he can of course pursue any avenues with HMRC essentially risk-free, if he chooses to.

b789

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This has everything to do with the original issue of the PCN. There is a valid question about the amount claimed. The question is asked in the response to the LBC and has to be answered as per the PAP.

We already know that the DRAs fail to answer the question. So, if/when a claim is filed, this failure to fully answer the question about the VAT on the fake added £70 becomes very relevant and is highlighted in the defence.

If it is in the defence, it is on the record and failure to address the defence point adds to the unreasonable behaviour of the claimant and their agent. It also adds incentive for them to discontinue.

This is nothing to do with saving a point for any possible future appeal. It is just one additional step in the process that is being advocated over on the MSE parking forum. With over 12m DVLA lookups from the PPCs last year, you only have to do some simple back of an envelope maths to realise how much these parasites could be avoiding in VAT.

DWMB2

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I don't dispute that, I'm just keen to ensure that it doesn't take over the thread, to the detriment of other defence points that, pragmatically, might have a greater probability of success.

Many judges, especially at County Court level, are keen for an easy life. Ensuring at least one of the defence points allows them to find in the defendant's favour without "rocking the boat", is sensible.

Tl;Dr - by all means include it, but let's ensure it's as part of a fully fledged defence