Parking overpayment claims – Urgent!
Release Date: 10 May 2016
Further to our recent eAlerts on this topic, the HM Courts and Tribunal Service (“HMCTS”) has now started writing to all authorities that have off street car parking claims stood behind the Isle of Wight (“IoW”) case and requesting that, as that case is now closed, appeals are either withdrawn or new grounds of appeal are sent within 28 days.
If you have already engaged PSTAX to take forward an overpayments claim on your behalf we will provide you with the wording to send to HMCTS within the 28 days in order to keep your claim open. We will also be opening up a new line of correspondence with HMRC regarding the overpayments element of the IoW claims and will be referring to this correspondence in the response to HMCTS.
It is now becoming urgent for those authorities that have engaged PSTAX to assist with their claims to provide any relevant data not already provided. As a reminder, we are looking for the following information:
• Copies of all your IoW claims;
• A full copy of your four year claim including all data and correspondence with HMRC;
• Confirmation of when pay & display machines were first installed in the council’s car parks;
• Details of the historic tariffs in the council’s car parks, including those that were free;
• A note of any significant changes in the council’s car parks (eg closures, new car parks);
• Any new communication received from HMCTS;
• If you have used other advisers in the past (ie not LAVAT/ PSTAX) for any of your car parking claims, confirmation of whether they are entitled to a share of any successful claim. If they are, you may find it more cost effective to seek their assistance in the first instance.
If the council chooses to make a claim itself rather than engage PSTAX or another adviser to take forward an overpayments claim, it will have to prepare a robust and detailed legal argument for pursuing its claim with HMRC and ensure that no deadlines are missed, including the 28 day deadline for responding to HMCTS.
PSTAX can pursue an overpayments claim on your behalf, for an up front fee of £500 with a contingent element of 15% payable on settlement of your claim (all prices quoted are exclusive of VAT). For further details of our offering, including the reasons why we believe that such claims are possible, please refer to our previous eAlert of 21 March 2016.
If you would like to discuss the opportunity further please contact:
Rosie Jones 07901 655351 firstname.lastname@example.org
Tracy Andrews 07799 814676 email@example.com