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The BoEVAT Remedy

What's in a Name?

We call this the BoEVAT Remedy because it employs the Bills of Exchange Act and VAT.

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.

I was already aware that PCNs are not fines.

My brother took it one step further and demanded that they also account for VAT.

The VAT angle is a gift to us because it brings HM Revenue & Customs (HMRC) into the argument on your side. VAT is administered and collected by HMRC.

You are effectively subrogating for HMRC when you require an invoice on which VAT is accounted for.

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.

Important: Never communicate with the PCN issuing companies or the courts electronically. Only communicate in writing and under Signed For delivery!

Pre-Action Protocol for Debt Claims

The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol came into force on 1 October 2017.

This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader).

The Claimant has to send you a Pre-Action Protocol Reply Form to complete and return within 30 days before the courts will hear their claim.

The Claimant also has to respond to any requirements for copies of documents, such as the (alleged) Contract and the Invoice; again within 30 days, or provide a good reason why they haven't.

We have formulated a response to this which is available on our Downloads page.

Form TE9

Local town and county councils are rather fond of this method, as are some other PCN bandits.

You receive a Form TE9 Witness statement - unpaid penalty charge (Parking) from the Northampton County Court Business Centre, which you need to complete and return within the time stated.

We have formulated a response to this which is available on our Downloads page.

Is it Safe?

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.

No invoice = no debt!

We require that 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.

Feedback

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.

Courage is every bit as contagious as fear, and with every success we achieve, the bigger the well of courage we have to draw from. We have already come so far in just a few short years; so much has been achieved.

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The only limitations are those bounded by your ingenuity, imagination and integrity.

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