CorsaLad16v
Member
Registered: 5th Mar 03
Location: Sheffield UK Drives: VW Golf
User status: Offline
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I'm still saying ignore it, until you have letters come through the door there is nothing to lose, if they keep sending letter after letter then you also have the right to complain to the BPA about them harrasing you
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chloe16v
Member
Registered: 29th Nov 07
Location: Rotherham
User status: Offline
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if he gets called tomorrow im having it out with him and pointing out the signs from his own company and if he carries on i'll look into a case of harassment
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CorsaLad16v
Member
Registered: 5th Mar 03
Location: Sheffield UK Drives: VW Golf
User status: Offline
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another example
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chloe16v
Member
Registered: 29th Nov 07
Location: Rotherham
User status: Offline
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VCS Ltd v HMRC: Application pending to Court of Appeal
As many on here will know, HMRC found that Vehicle Control Service Ltd ( a company owned by Mr Simon Renshaw-Smith) were liable to pay VAT from 04/05 to 10/09 on parking charges collected from motorists.
VCS Ltd appealed this decision to the First Tier Tax Tribunal and attempted to argue that VAT was not payable as the charges were either “damages for breach of contract” or “damages for trespass"
The Tribunal found against them and ruled that VCS Ltd (and, by implication...all other private parking companies) had no authority to issue a charge in the first place as VCS Ltd had no occupational right to the land that they patrolled and consequently; could not enter into a contract with the driver.
They ruled that monies received from motorists by VCS Ltd were in fact “services to the landowner” with whom VCS Ltd had a contract to provide parking control services. It was made clear from the First Tier Tribunal that there was no contract between VCS Ltd and the motorist.
VCS Ltd appealed this decision to the Upper Tribunal (Tax & Chancery Chamber) where the case was considered on 6th March 2012 before Judge Roger Berner and Judge Nicholas Aleksander. They concluded that the First Tier Tribunal has been correct in that there was no contract between VCS Ltd and the motorist and as a consequence, VCS Ltd had no right to claim damages in trespass against motorists who parked in breach and accordingly, that the penalty charges did not constitute damages.
The Upper Tribunal dismissed the appeal.
Firstly it should be noted that the Upper Tribunal was established under Section 3 of the TCE Act 2007 as a Superior Court of record and accordingly, its decisions establish precedents which are bindings on lower courts.
Yesterday, a “little birdie” informed me that VCS Ltd have appealed the Upper Tribunals Order dated 2nd May and the matter is now listed at the Court of Appeal on 4th or 5th May 2013. Closer to the date one of these two dates will fall away.
The case has been listed with a time estimate of 4 hours.
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WukaChop
Member
Registered: 9th Apr 13
Location: Birmingham
User status: Offline
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quote:
Originally posted by chloe16v
it is now illegal to clamp a car on private land or tow a car
Doesn't stop them, my dad's a paramedic, and they clamped his ambulance when it was on blue lights! It's ridiculous.
If you get something through the post though, I second it with taking it to the police station, as even if they don't do anything, you've brought it to their attention, point out what the sign says too.
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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quote:
Originally posted by chloe16v
if he gets called tomorrow im having it out with him and pointing out the signs from his own company and if he carries on i'll look into a case of harassment
Fucking love suing people don't you!
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chloe16v
Member
Registered: 29th Nov 07
Location: Rotherham
User status: Offline
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quote:
Originally posted by Gary
quote:
Originally posted by chloe16v
if he gets called tomorrow im having it out with him and pointing out the signs from his own company and if he carries on i'll look into a case of harassment
Fucking love suing people don't you!
who said anything about suing? 
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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Same difference. Get him done for harassment then stick a claim in for damages.
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JordyCarter
Member
Registered: 14th Mar 10
User status: Offline
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I got one of these looked very similar its private so just laugh it off. Or put them on your dash when you park there again haha
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l88fty
Premium Member
Registered: 9th Jun 12
Location: Lincoln, Lincolnshire
User status: Offline
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If every single person in the UK who got these fines stoped paying them, the companies who issue them would go out of business!!
They are not enforceable, they will not take you to court and even if they did they will not win.
In this country, you have to "sign on the dotted line" to make anything official, therefore they stupid rule of "you agree to this Contract Law by parking here" bollox will not stand up in a court of law.
The only thing these fines/companies will do is harras you till they get bored and they can register the fine as an unpaid debt on your credit record.
[Edited on 25-04-2013 by l88fty]
LN Customs - Lincolnshires Award Winning Enthusiasts Motoring Club
Web:lncustoms.co.uk Email: Lofty (Club Manager) Tel: 07876220929
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Whittie
Member
Registered: 11th Aug 06
Location: North Wales Drives: BMW, Corsa & Fiat
User status: Offline
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quote:
Originally posted by l88fty
they can register the fine as an unpaid debt on your credit record.
That true?
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chloe16v
Member
Registered: 29th Nov 07
Location: Rotherham
User status: Offline
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Not unless it goes to court an it still doesn't get paid
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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TBH I feel for the guys parking spot your using, hes paid for that land and you have no right to just park there. You'd be pissed if he parked on your drive!
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chloe16v
Member
Registered: 29th Nov 07
Location: Rotherham
User status: Offline
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Theres no sign saying its his parking space, if there was then I wouldn't park there
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Whittie
Member
Registered: 11th Aug 06
Location: North Wales Drives: BMW, Corsa & Fiat
User status: Offline
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Who gives a shit, pay it to save the hassle and annoying letters if its £30 or whatever it is. If not, leave it and await 30 letter through the post getting redder and redder. Choice is yours really.
Nice car by the way
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Ludacris Turbo
Member
Registered: 28th May 04
Location: High Green, Sheffield
User status: Offline
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I got one from the same company from parking on a closed garages bit of land in the middle of sheffield.
Got about 6 threating letters over a 6 month period and just ignored them all!
Not heard anything since December now!
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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quote:
Originally posted by chloe16v
VCS Ltd had no occupational right to the land that they patrolled and consequently; could not enter into a contract with the driver.
That bit is fairly interesting.
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neil h
Member
Registered: 28th Sep 06
User status: Offline
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quote:
Originally posted by Gary
TBH I feel for the guys parking spot your using, hes paid for that land and you have no right to just park there. You'd be pissed if he parked on your drive!
But by the looks of it that spot is not allocated to anyone in particular, hence by the terms stated on that sign it is open to use by 'employees and visitors of Nightingale Court'.
Chloe was indeed at the time a visitor to Nightingale court. I would also note that the sign states no further restrictions other than the fact you must be an employee or visitor of the aforementioned.
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ed
Member
Registered: 10th Sep 03
User status: Offline
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quote:
Originally posted by Whittie
Who gives a shit, pay it to save the hassle and annoying letters if its £30 or whatever it is. If not, leave it and await 30 letter through the post getting redder and redder. Choice is yours really.
Nice car by the way
I predict 4 letters max, the last two being from a fake solicitor firm with scary words on them that bare no connection to the supposed breach in contract.
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
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I've just joined the club  Just got one through now from UK Parking Control ltd 
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chloe16v
Member
Registered: 29th Nov 07
Location: Rotherham
User status: Offline
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Welcome onboard Brett
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Whittie
Member
Registered: 11th Aug 06
Location: North Wales Drives: BMW, Corsa & Fiat
User status: Offline
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quote:
Originally posted by ed
quote:
Originally posted by Whittie
Who gives a shit, pay it to save the hassle and annoying letters if its £30 or whatever it is. If not, leave it and await 30 letter through the post getting redder and redder. Choice is yours really.
Nice car by the way
I predict 4 letters max, the last two being from a fake solicitor firm with scary words on them that bare no connection to the supposed breach in contract.
Talking from the past there mate?
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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I got about 6 or 7, nothing since.
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ed
Member
Registered: 10th Sep 03
User status: Offline
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quote:
Originally posted by Whittie
quote:
Originally posted by ed
quote:
Originally posted by Whittie
Who gives a shit, pay it to save the hassle and annoying letters if its £30 or whatever it is. If not, leave it and await 30 letter through the post getting redder and redder. Choice is yours really.
Nice car by the way
I predict 4 letters max, the last two being from a fake solicitor firm with scary words on them that bare no connection to the supposed breach in contract.
Talking from the past there mate?
Was parked in my own allocated space, my permit had slipped down when I shut the door 
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AlunJ
Member
Registered: 3rd Apr 07
Location: Newport
User status: Offline
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I fucking hate that when it's somewhere you park every fucking day, they must obviously recognise the car from every other bloody day they visit, I forgot to display my permit once and got a ticket, bloody jobsworths
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