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Robfromsheff

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About Robfromsheff

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  1. Just noticed the enforcement agreement is between Sip and Sip, not with the land holder, read some other threads and this is not enforceable? No, didn't reply and intend to attend.
  2. Things have moved on. Got a court date in November and today a copy of their 32 page witness statement. It includes a copy of their parking enforcement agreement as well as all historical letter, photos etc. What to do now? Also an email a few weeks ago saying they want to hear it on evidence only i. e. not go to court as it's straight forward.
  3. I categorically deny the claim in it’s entirety that I owe money to SIP. My defence is that there is no legal basis for the Claimant in their Particulars of Claim that I owe them any money. I would also like to state at that I am the registered keeper but have evidence that I was not the driver on any of the occasions referred to. I submitted a CPR 31.14 request to the claimant on 5th May 2017 (attached/enclosed) and have not received any reply to such request. They state that the “contract” was entered into, but they have failed to provide any proof of planning permission granted for signage under the Town and Country Planning Act 2007 which invalidates their right to have such signage in place. In fact it is illegal to have signs in place without the requisite planning permission. Even if the contract did have any validity it states that “Enforcement action may incur additional costs that will be added to the value of the parking charge and for which the driver will be liable”. This demonstrates that their claim is also flawed, as it shows a level of incompetence by contradicting their supposed Particular of Claim by saying that I have responsibility for extra costs stated as (2), (3) and (4). Furthermore in the CPR 31.14 I requested the contract between SIP Parking Ltd and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. As this has not been provided yet again it means there is no legal basis. Therefore as there is no legal justification of any contract, or right for them to pursue this on behalf of the landowner I reiterate that I deny owing any money to SIP. Regards
  4. No date, the letter says both parties can request one which I'll add to my defence.
  5. I've only ever had one POC which I posted on the 9th,which arrived as a result of the letter I've just posted. Unsure of what's going on, could there be an error on the court letter?
  6. Haven't received anything that I haven't stated in this thread. I posted their POC, just re-written my defence denying liability. This is the document I was referring to. About to submit my defence, do I request a hearing. Sorry for any confusion. judgement.pdf
  7. I'm a bit concerned now about the deference issue. I assume that it was my defence that was thrown out. I tried to keep it brief and to the point looking at the forums. I therefore assumed it wasn't good enough and thrown out. However they've had to submit a POC and I've got a chance to defend again, so it's still ongoing. They say either party can request a hearing. Do I add this to my defence or wait? A bit confused now after the last post from ericsbrother
  8. Thanks everyone for your replies, sometimes the officially worded documents knock you back a bit. Everything as it was, they have no right to demand their money as can be stated in this thread. Just a couple of points. The defence struck out was a paraphrase which is my I put the full redacted letter on here. Thanks everbody.
  9. The absence of advice, reply seems to indicate that this is a no hope situation?
  10. Now received a 21 page email stating their case. Here's the first section, what next? PARTICULARS OF CLAIM THE CONTRACT The Claimant is a Parking Operator managing the land at Rockingham Street, Sheffield (“the Land”). 2. The Claimant installed signs (i.e. the “Contract”) on the Land that set out its terms of parking. A copy of the Contract is attached to these Particulars of Claim marked ‘Document 1’. 3. The Claimant entered into a Contract with the driver of the vehicle with Registration Number XYZ (“the Vehicle”). A schedule is set out below; PCN NUMBER DATE OF CHARGE LOCATION DESCRIPTION No Ticket Displayed Not In Marked Bay 4. Through the act of parking as described above, pursuant to the Contract, the driver accepted the Claimant’s terms and was issued with a Parking Charge Notice for the sum set out in the Contract (‘the Relevant Charge’). 5. The driver failed to pay the Relevant Charge within 28 days (‘the Relevant Period’) or indeed at all. The Relevant Charge now forms the substantive element of this claim. 6. In addition to the Relevant Charge the Claimant claims £60.00 in general damages as a pre- determined and nominal contribution to its actual losses suffered as a result of the Relevant Charge not being paid within the Relevant Period.
  11. 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
  12. 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.
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