Author Topic: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter  (Read 158 times)

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Smartdriver

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Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter
« Reply #15 on: February 04, 2025, 07:16:32 pm »
I guess enough people probably get scared and pay up that it’s worth a try for the few who challenge it?

Their email auto response says  ‘We aim to respond to all emails within 28 days of receipt in the order in which they are received. We kindly ask that you do not chase a response during that time as it will allow us to respond to your email as quickly as possible.’If a claim has been issued
If a County Court Claim has been issued against you, emailing us will not put the claim on hold. You will need to follow any instructions given to you by the Court to prevent a Judgment being obtained against you. You may wish to seek independent legal or debt advice’.   (Though not from forums, obvs).

 So that already goes beyond the 30 days they’ve given me to respond which kind of adds to the sense of it all being formulaic really. Unless I’m going to pay, they don’t care what I say.

 I suppose I now just have to wait to see what happens.  Any ideas what I can expect?

b789

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Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter
« Reply #16 on: February 04, 2025, 07:33:59 pm »

Any ideas what I can expect?

They are obliged to respond to your response to the LoC. They will use a boilerplate stock answer which does not explain the VAT questions asked. When they do respond, you can then report them to HMRC for suspected VAT fraud (in the £millions).

We advise everyone to report VAT concerns involving the conduct of the legal and Debt Recovery firms operating as parasites clinging limpet-like to the 'rogue' private parking industry.

The report in your case specifically concerns Moorside Legal because the attached evidence (their response to the VAT questions) is about their failure to confirm whether consumers are being unlawfully hit with the VAT element of their added 'fees'.

This is not about parking charges (these cannot exceed £100).  It is all about the added £70 admin/DRA costs that the DLUHC called 'extorting money from motorists'.

These third party debt collectors include Moorside Legal, BW Legal, DCB Ltd, DCB Legal, Gladstones Solicitors, Empira, TNC, CIS, Trace Debt Recovery, ZZPS, Debt Recovery Plus, QDR solicitors, CST Law, Elms Legal and others who are listed as members of the BPA and/or IPC Approved Operator or approved debt firms.

Because the concern is that they steadfastly refuse to answer questions about the VAT on their DRA fee, it is now widely suspected that some or all of the private parking industry specialist Debt Recovery firms (including legal firms) may be operating as follows.

Either:

(a) not paying HMRC the VAT element on the £60 or £70 per PCN 'admin fees' that they charge for 'debt recovery'. This amounts to £multi-millions p.a. due to parking cases now exceeding well over 12m DVLA look-ups per year.  Within weeks, £70 per PCN is added and aggressively demanded. 90% of those cases that result in court claims include multiple £70 'fees' that the parking operator clients have never paid and appear to be unjust enrichment of the DRAs;

or

(b) including VAT within the fixed £70 'fee' which they describe as "our costs". This has the object or effect of making the consumer pay the VAT, which HMRC has already stated is unlawful in cases of enforcement or debt recovery fees.

The service supplied by a debt collection agency is a single composite supply, the core of which is debt collection, which is specifically excluded from the finance exemption, and is thus taxable:

https://www.gov.uk/hmrc-internal-manuals/vat-finance-manual/vatfin3255

You will have given Moorside Legal a chance to clarify what they are doing in terms of VAT on what they call "our costs" but they will have swerved the questions.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Smartdriver

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Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter
« Reply #17 on: February 04, 2025, 07:41:16 pm »
Interesting. Very interesting.

I will await their response with interest but not much expectation. I suppose then at some point in the nearish future I will get the actual claim itself? And then come back here

b789

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Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter
« Reply #18 on: February 04, 2025, 07:44:44 pm »
Oh yes, you will receive a claim. When you receive it, come back and show us the claim form with the Particulars of Claim (PoC) and we will advise on deadlines, on how to submit the Acknowledgement of Service (AoS) and we will provide the defence, draft order and persuasive appeal transcripts that go together.

A bridge to cross when we come to it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain