My vehicle received 2 separate tickets (one for not displaying, one for bad parking) on different occasions, same place I was not the driver and took a gamble and ignored all communications.

I now have received a court claim form. Is it too late to do anything? My research seems to suggest paying for legal advice etc. Appreciate if someone could let me know if there is anything I can do.

no its not too late and you don't need a lawyer

fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

Name of the Claimant ? SIP Parking Ltd, Peter House, Oxford Street, Manchester M1 5AN

Date of issue – . 02 May 2017

What is the claim for –

1.The driver of the vehicle registration ABC (the 'Vehicle') incurred the parking charge(s) on 13/10/2016, 22/11/2016 for breaching the terms of parking on the land at Rockingham Street Sheffield.

2. The Defendant was driving the vehicle and/or is the Keeper of the Vehicle.

3. AND THE CLAIMANT CLAIMS £320 for Parking Charges/Damages and indemnity costs if applicable,

together with intererst of £10.21 pursuant to s69 (of the County Courts Act 1984 at 8% pa, continuing to Judgment at £0.07 per day.

What is the value of the claim? £415.21

Has the claim been issued by the Private parking Company

or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Claimant is SIP Parking, address Gladstones Solicitors

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

CPR..................

.

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

well, the POC is the usual vague rubbish they use, that can be challenged by itself.

Tell us all about the events,

the wheres and whens,

what paperwork you received, still have etc.

SIP make some pretty large mistakes.

Now you will also notice that the amount claimed is massively inflated by supposed costs.

When suing a keeper none of these are allowable but as 85% of people dont defend they continue to add them to make a profit to cover the losses they make when they lose a load of the 15% that are defended.

So acknowledge the claim,

get the CPR sent off

and when they fail to respond in time you can use that in your skeleton defence.

If you are lucky a judge will issue a case management ordeer and they will be forced to drop the matter as they cant (afford to) comply

one for each please pcn

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

Thanks for all the help.

Defend all AOS done,

letter being sent off this evening.

Further information on PCNs below.

First

1 The date of infringement? 13/10/16

2 Have you yet appealed to the parking company yet? [Y/N?] No

If you haven't appealed yet - ,.........

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it Sorry don’t have it

Did the NTK provide photographic evidence? No

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Sorry don’t have it

4 If you appealed after receiving the NTK, No

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

5 Who is the parking company? SIP Parking Ltd

6. where exactly [Carpark name and town] did you park? Rockingham Street, Sheffield

Second

1 The date of infringement? 22/11/16

2 Have you yet appealed to the parking company yet? [Y/N?] No

If you haven't appealed yet - ,.........

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it Sorry don’t have it

Did the NTK provide photographic evidence? No

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Sorry don’t have it

4 If you appealed after receiving the NTK, No

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

5 Who is the parking company? SIP Parking Ltd

6. where exactly [Carpark name and town] did you park? Rockingham Street, Sheffield

SIP's signage is generally rubbish

but the claim is for a breach of contract

so it must contain something that is a contractual consideration

and then says that ayone who breachs these conditions will be chased for a sum of money.

It cannot say that you agree to pay the money as then it would be money due under a contract which is different.

Their signs are normally prohibitive so things like Permit holders only or no unauthorised parking

Just been on-line again to see if there was any update. The claim seems to have disappeared, if I put in the claim number it says it doesn't exist or is wrong. Is this normal after doing an AOS and saying you'll defend?

probably just mcol playing up

which it does sometimes.

you are logging in first with that long number?

Yes, using the long number, nothing there. Haven't got the claim number with me but when I tried on Saturday it didn't recognise it. I will try again this evening.

very often crashes at the w/end till its reset Monday AM so that explains it

dx

common problem,

doesnt recoginse numbers and if you try again the cookies on your computer send the same duff info so you never get anywhere. Clear cache and cookies and try again today.

contacted MCOL about my account to be told this happens a lot with their system i.e. not being able to log in. So they’ve sent me the forms by email.

I have until the weekend to make my defence.

I haven’t heard anything from the letter I sent to their solicitors.

Any help with my defence appreciated.

easy to do

2 line defence you'll find on most claimform threads here

due by 4pm friday

you can email it to the court

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.[becareful there are no spaces in the email ad]

OK simple defence couild go something like this:

The claimant has failed to show a cause for action against the defendant as they cannot rely on keeper liability under the Protection of Freedoms Axct 2012 and have failed to show any contractual liability at all by failing to respond to a CPR 31.14 request for documentation to show they have locus or a contract with the defendant.

All this can be expanded on later. It also leaves you with a reason to ask for the claim to be struck out once it progresses a little further.

Defence sent off, now got a letter from Gladstones saying they've requested a N159. Assume I await this from the court and disagree with it? Really appreciate the advice I've been getting.

you strongly object to a paper only hearing yes.

dx

they always do this as they lose defended claims and it costs them good money to get someone to turn up and spout forth their nonsense on their behalf.

With a paper hearing they will read what you have submitted, file late and no-one can object to this.

This happens a lot in open court and they get shot down as soon as it is brought to the attention of the judge.

Read all about it on the parking pranksters blog,

there area couple of cases reported in the last week or so.

Use that in your defence later as they certainly wont change their habits and do things properly because they know they will lose anyway.

Thought I’d share this for comment.

I’ve just read closely the letter I got from Gladstone’s,

it states that their directions questionnaire

“will be filed with the court”

It also had an N159 attached.

I therefore rang the court asking if it is they who will send me this form.

They informed me they are still waiting to see if SIP/Gladstone’s want to pursue it.

Therefore this letter is totally meaningless.

Is this just a tactic for me to cave in?

Gone this far,

I’ll await their decision and their directions,

send in my reply/directions and wait for the court in this case.

Still can’t see any justification for their claim especially as they’ve ignored my requests for evidence etc.

If you read other threads

And not only in the parking forum

But the legal ones

You'd have seen this is a std trick many claimants have been pulling for about 9mts now

Yes intimidating and willy waving

But safe to ignore

The golden rule when anyone ever gets a claim form for anything is:

Always defend all

Never respond or reply to anything the other side send direct to you

Only ever respond to forms from the court

only ever send the otherside templates you get yourself for CCA/CPR etc

never send the claimform or any other part of that to them

always use MCOL website.

Dx

as already stated,

they do this to try and circumvent the full process of the law and to make you think they are clever, rather than just lazy cheapskates.

They do try and get the matter decided on the papers because they dont want their rubbish filings to court interrogated because they are generic garbage and wont stand up to scrutiny.

By just having the papers considered it makes their case cheaper to process as well.

Dont save them money by agreeing or communicating with them directly, there is never an advantage to you for doing this.

Moved to the next stage,

got Court Judgement.

To paraphrase:

1) Defence struck out,

2) file a full defence after 3.

3) claimant to file full particulars

, 4) after 2 & 3, may request a hearing

5) statements to be exchanged 14 days before hearing.

Any advice, thanks as always

Date of hearing?

No date of hearing, just they have to provide particulars by 17/8