We call this the BoEVAT Remedy because it employs the Bills of Exchange Act and VAT. The VAT angle is a gift to us because it brings HM Revenue & Customs (HMRC) into the argument on your side.
This all started when I suggested my brother should ask for a proper invoice according to the Bills of Exchange Act when he was dealing with a penalty charge from Parking Eye.
My brother took it one step further and demanded that they also account for VAT, be it zero percent or otherwise. VAT is administered and collected by HMRC.
Nobody wants to get on the wrong side of HMRC!
My brother cleverly formulated his response into a Notice of Rejection of Invalid Invoice.
Bingo! He received no further demands.
I have used this method successfully against Parking Eye in my own case, with gratifying results.
We have formulated a response using two legal Notices which has met with considerable success:
- BoEVAT Remedy Notice One is used as the initial response to their PCN or demand.
- BoEVAT Remedy Notice Two is the response to any responses from them which do not comply with the requirements of Notice One.
Both Notices are available in multiple formats on our Downloads page.
The BoEVAT Remedy is perfectly legal and above board. You are well within your rights to send a Notice of Rejection of Invalid Invoice and demand a proper bill or invoice under the Bills of Exchange Act 1882, and to withhold payment until such a bill or invoice has been received and accepted by you.
The bill or invoice must bear the title 'Invoice' and have a legible wet ink signature of an officer of the billing company, and it must account for any VAT liability, according to HMRC rules.
Where a company is not VAT registered or is exempt from VAT, this must be clearly stated on the invoice.
All too often you are presented with just a Statement, which is not a proper invoice or bill, and usually has either no signature or just an illegible squiggle - because no officer of the extortion company will dare to put their name to it.
If you pay a Statement then more fool you!
Where any monetary charge is made, there should be a either an order from you or there must be a contract in place and you are within your rights to demand a proper invoice proving this.
If they then continue making demands from you without issuing you with a proper invoice or bill, they are not only in contravention of the Bills of Exchange Act 1882 and probably committing VAT fraud, but they are inciting you to do the same.
In every case be sure to send the Notices by Signed For delivery, and do not pay them anything after you have sent Notice One, as it could be argued that you are committing VAT fraud yourself if you do.
Don't forget to inform us of any responses you get, and let us know of your successes; there are many waiting on your success to embolden them in their own efforts.
Use the Contact Us form to submit your questions and comments.
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