Combined Parking Solutions confirms its number 1 position to enforce unpaid parking charges via the courts despite myths that contracts with landowners do not give necessary rights
What is this about ?
Recently a case was heard in the upper tribunal of the tax tribunal system with another parking company called VCS, they argued their charges were for a breach of contract or trespass and therefore not subject to VAT
The case, although a tax/vat hearing was heard as an appeal and the upper tribunal is considered a ‘court of record’ and their decisions are binding on lower courts including the county court but this is limited to the scope of the case was originally brought – Each and every court case is considered only on the evidence and facts presented, it is very rare that 2 cases are exactly the same.
Various consumer forums and the so called “non legally qualified experts” have once again jumped on their soapboxes and are now wrongly claiming that this means that no parking company can enforce a charge via the courts as they do not own the land in question, this is totally misleading and incorrect.
The court looked only at 1 contract that VCS had with their client and based the decision on facts presented, It is obvious that a court cannot see every contract with every client by every company and therefore can only decide on the merits of a case presented before them, in this case they decided firstly that VAT was payable as charges are NOT issued for trespass or breach (ie, the ticket is not a penalty) and that the company VCS were offering a service but they also looked into the wording of the contract that VCS had with the client and it was not stated anywhere in this contract that VCS had the right to issue or enforce the parking charges and this is a major point the forums seem to be missing.
One thing that is certain and not disputed is the charges issued were NOT considered as penalties as is often argued.
There is also one major thing missing in the advice the forums are giving, this is, have they actually seen the contract that VCS had with the landowner and the answer to this is NO – They are simply using this to intentionally mislead people.
Combined Parking Solutions have referred this matter and received a barristers opinion and for this we are satisfied Combined Parking Solutiuons contracts with clients allow us the right to enforce parking charges.
It should also be noted that as of 1st October 2012 new legilsation comes into force (The Protection of Freedoms Act 2012) which clearly defines that a parking company CAN issue charges:
“relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—
(a)the owner or occupier of the land; or
(b)authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;
What is different with the VCS case and the charges issued by CPS ?
VCS were arguing that their charges are based either on trespass or for breach of contract, Combined Parking Solutions do not issue charges based on this, our charges are for a parking charge agreed in advance by the clearly displayed signage and the enforcement via the courts is not because any condition has been breached but simply for non-payment of the charge issued.
The law on claims for tespass and contract are VERY DIFFERENT, unfortunately the forum experts do not realise this and often jump to wrong conclusions.
Do you not have to own the land to enforce charges ?
If the charge is issued for trespass then most certainly YES, but Combined Parking Solutions does not operate or issue charges for trespass.
As our charges are for a parking fee agreed to under contract law, we have explicit consent from the landowner to issue and pursue charges through the courts, and also it is clear that the intention of the parties (landowner and CPS) when the contract was entered into was for Combined Parking Solutions to enforce via the courts then this is more than sufficient to enforce as we do on a regular basis.
The Protection of Freedoms Act 2012) clearly defines that a parking company CAN issue charges:
“relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—
(a)the owner or occupier of the land; or
(b)authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;
So how can you enforce your charges ?
Combined Parking Solutions has always had contracts with clients/landowners that explicitly state:
(1) The Licence confers upon the Client and the Company the right to patrol the Licensed Area and to issue ticketed parking charges (the Parking Charge) to vehicles parked on the Licensed Area in accordance with the displayed signage.
(2) That Combined Parking Solutions is granted the right to pursue all parking charges issued on the specified land via all legal methods available (including, but not limited to actions in the County or Sheriffs Court).
(3) The Client permits the Company to enter into contractual agreements with the driver or registered keeper of any vehicle parking within The Licensed Area to which this license agreement relates to.
(4) The Client assigns all and any debts resulting from non-payment of parking charges issued within The Licensed Area to the Company for enforcement via all legal methods available (including but not limited to actions in the County or Sheriffs court)
These very important elements (in addition to the flawed trespass and breach of contract arguments) were missing in the contract that VCS had with the client to which it relied upon in the upper tribunal and therefore the court held they did not have permission or the rights to enforce charges.
I see that other cases have been lost on the same argument since ?
This may be the case, if a parking company does not have the rights to enforce charges within their contract with the landowner then a court may decide they have no implied right either, we cannot obviously comment on each and every case brought by an operator but we can be 100% confident that ALL of the contracts in place with Combined Parking Solutions have the right to enforce charges in the County Court.
For more information and details on how Combined Parking Solutions can resolve your parking issues then call now on 0871 288 4606 or you can email us..
