Once you have followed the BoEVAT Remedy process properly, your short answer to every question is:
'I have not refused to pay, I have made an offer to pay conditional on the other party fulfilling their obligation under the Bills of Exchange Act 1882 for this alleged charge. This matter could be easily remedied by ((the PCN bandits)) issuing and delivering an invoice signed in wet ink by an officer of the ((company/council)) as per the Bills of Exchange Act 1882, Sections 21,23, 26 Paras 1 and 2 and Section 91 Paras 1 and 2. Upon delivery of which I would happily settle the matter forthwith. The Bills of Exchange Act 1882 was enacted precisely to protect people from fraudulent claims, and I am openly testing the validity of this claim.'
You will need to edit the Notices below to reflect your own details and references etc:
The rest of the Notices are carefully worded to have the maximum impact, and some words have specific legal significance; so it is better not to get too creative when editing them unless you are aware of the legal ramifications of the words you use.
Please choose your required document and format from the links below:
The BoEVAT Remedy Notice One:
DOCX Format: BoEVAT-Remedy-Notice-One-v10
ODT Format: BoEVAT-Remedy-Notice-One-v10
The BoEVAT Remedy Notice Two:
DOCX Format: BoEVAT-Remedy-Notice-Two-v10
ODT Format: BoEVAT-Remedy-Notice-Two-v10
Use the above Notices in all cases.
Be sure to send the Notices under 'Signed For' delivery to The Legal Department of the registered office of the charging agency.
Private parking bandits such as Parking Eye may refer the case to Northampton CC. Below is a Notice to the Court and Statement of Defence, this should be submitted to the Court when required, the Court will send you a form for this, the downloads are presented here in two popular formats:
DOCX Format: Notice-to-the-Court-and-Statement-of-Defence-v4
ODT Format: Notice-to-the-Court-and-Statement-of-Defence-v4
Use the above Notices to the Court in cases of private parking only.
Always retain proof of posting and copies of everything.
Pre-Action Protocol Claim Form Response (Private Parking Only)
The Creditor may send you a form like this.
Complete as shown below, remembering to strike out all the other boxes as shown in these examples, and to sign and date the form where indicated:
Return the completed form to the Claimant within 30 days.
Send with it copies of the BoEVAT Notices you sent to the PCN bandits, all the Notices and letters from the PCN bandits, along with your edited and signed copy of your
Form TE9 Response (for Council issued tickets only)
TE9 example: Northampton Court Witness Statement
You need to complete the form adding a single tick against the entry:
I made representations about the penalty charge to the enforcing authority concerned within 28 days of the service of the Notice to Owner, but did not receive a rejection notice.
Make sure that you fill in your details, and make sure that you have proof that you sent the BoEVAT Notices, and that they were received by the PCN bandits.
Only sign the Statement of Truth if you know this to be true, otherwise you will be open to charges of perjury.
Send with it copies of the BoEVAT Notices you sent to the PCN bandits, all the Notices and letters from the PCN bandits, along with your edited and signed copy of your TE9 Witness Statement.
In the event that the case is referred back to the Traffic Tribunal by the Council, we have formulated the following response, which should be sent to the Tribunal Adjudicator:
DOCX Format: Letter to the Tribunal Adjudicator
ODT Format: Letter to the Tribunal Adjudicator
Finding the Right Address
You can find the registered office of any UK company by clicking on this logo:
Sending the Notices to the usual return address marked on the PCN is only likely to produce a robotic response from some minor clerk at the PCN issuing company office where routine correspondence is processed.
It is important that you send the Notices by Royal Mail 'Signed For' or an equivalent courier delivery so you have proof that they were served.
You may also deliver Notices and forms by hand, taking along a witness who is not a relative and who is eligible to vote in General Elections.