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SIP Car Parks taking me to Court - help


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I posted earlier on another thread and hav been advised to make a new thread.

 

I have been sent a court letter from Northampton County court which needs replying within next 5 days. I have checked with the court and its all legitimate. Previously i have recevd three reminders (including two red reminders) and one final notice after which i was given 28 days to make a payment of 147. I kept on ignoring all their reminders and never got into any correspondence with them ever.

 

If any one has been through this process with SIP in the past then please advise...

 

Court letter: Site team edit.

Edited by ScarletPimpernel
Link showing MCOL password removed
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Their claim does not appear to show any basis for the charge - Are they claiming a statutory basis, breach of contract or damages for trespass?

 

Initially, I would suggest that your defense would be that they have no lawful basis for making any claim against you, the registered keeper.

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Council tickets would not go through MCOL.

Not only that, the POC mention a Parking Charge Notice, Council notices are Penalty Charge Notices.

 

Agree with the above - they have not established privity of contract. They are claiming the RK is responsible for the charge. They have to establish who was driving and you don't have to tell them.

 

They also have to establish they are entitled to any damages at all (i.e. do they own the land or have they been rights to the land by the landowner).

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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It is stated on the letter that it why they have filed the case (breach of contract by not displaying a valid pay and display ticket).

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It is stated on the letter that it why they have filed the case (breach of contract by not displaying a valid pay and display ticket).
I don't see where it mentions breach of contract - Am I missing something?
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to save people hunting for the other thread. http://img222.imageshack.us/img222/2317/tradingstandards009.jpg Their particulars of claim are 'poor'. Deny the claim and rebut on: no cause of action demonstrated. No evidence that SIP has the legal right to offer parking either through proprietary rights or agency. No identification of the driver at the time of alleged parking. SIPs failure to do is against the BPA Code of Practice. Also that SIP is in clear breach of the Consumer Protection From Unfair Trading Regulations 2008. Thats enough - just get it lodged, it can be amended later. write to the DVLA for the full details of the V888/2 request that was made against the vehicle, you may find that it wasn't SIP who did made the request. also as they have issued papers show us what was in their letters and on their invoice, pictures of the signs etc (as asked on the other thread) keep on anonymising your own data as before. SIP know who you are of course so not hiding it from them - just being 'net safe'. A wild and crazy punt by SIP to someone who never communicated, very strange behaviour indeed. All SIP paperwork I have seen is woeful so post up those letters etc please.

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but to me "No Ticket Displayed" in a private pay and display car park is a clear breach of contract. I currently seeking legal advice as i do not know what to write in my defence.

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to save people hunting for the other thread. http://img222.imageshack.us/img222/2317/tradingstandards009.jpg Their particulars of claim are 'poor'. Deny the claim and rebut on: no cause of action demonstrated. No evidence that SIP has the legal right to offer parking either through proprietary rights or agency. No identification of the driver at the time of alleged parking. SIPs failure to do is against the BPA Code of Practice. Also that SIP is in clear breach of the Consumer Protection From Unfair Trading Regulations 2008. Thats enough - just get it lodged, it can be amended later. write to the DVLA for the full details of the V888/2 request that was made against the vehicle, you may find that it wasn't SIP who did made the request. also as they have issued papers show us what was in their letters and on their invoice, pictures of the signs etc (as asked on the other thread) keep on anonymising your own data as before. SIP know who you are of course so not hiding it from them - just being 'net safe'. A wild and crazy punt by SIP to someone who never communicated, very strange behaviour indeed. All SIP paperwork I have seen is woeful so post up those letters etc please.

 

Thanks for your advice. That sounds good... i will wait for another day or so before i reply to the court.

 

thank you

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First job - TAKE OFF YOUR PASSWORD FROM YOUR IMAGE

 

 

Re. point above - Remedy for breach of contract is damages. "If you don't do x, you agree to pay £70" is a penalty

 

(Dunlop Pneumatic Tyre Co Ltd -v- New Garage and Motor Co Ltd (1914) - see Delay and Disruption - Rules on Penalty Clauses

 

Many other points for your defence are in lamma's reply.

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lets see those other SIP letters. time to nail SIP. And get the V888/2 information. Your ideas about breach on contract are incomplete - see my post you quoted.

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Okay, lets wait for yours as similar may mean different. But if they are very similar to those of DJXFM then you should be in a good position. Make sure you put up both sides of the paper, don't assume anything is insignificant or irrelevant.

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This seems like a complete shot in the dark for SIP. Their POC is very poorly outlined.

I would suggest sending a PM to PT, he will destroy these guys for breakfast.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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  • 1 year later...

This is a worrying thread to read as I have received a letter from SIP too. I was considering writing to them with one of the template letters I have found on this site (very helpful!) telling them to provide me with evidence of the identity of the driver and to explain their entitlement to collect money.

But then decided to take the no reply response. However upon reading this I am now worried that they may escalate things, over time of course, to court action.

Any advice, is anyone aware of PPC's being "put off" by an early, fairly savvy letter from someone that they are trying to chase? Or will this likely have no effect and they'll carry on hounding me?

Also is anyone aware of SIP's usual practise, are they renouned for taking these matters as far as the courts?

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This is an old thread and you really should start your own . . .

 

Hey ho!

 

My experience was that the template letters worked for a while and I have certainly heard nothing more from any of the PPCs I wrote to.

 

However, all things have a shelf life and it may well be that PPCs now recognise them and pay no attention.

 

Their value remains for those who are concerned that ignoring from the outset is inappropriate.

 

For myself, I remain uncertain that ignoring would look good in court in the slim chance it came to that. But I now tend to ignore.

 

As for SIP, as I have no experience directly with them I cannot answer but I am sure someone else will be able to.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Just another thought, in case things escalate to court level it cant do me any favours to show that I have jsut sat and dont nothing so what I might do is wait till their letters get more thratening looking, while all the while being fraudulent (copying official formats) then send a complaint to Trading Standards. Should I notify them at that stage that I have reported them or remain silent?

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. Should I notify them at that stage that I have reported them or remain silent?

Do you really think that will frighten them? They are not interested in threats, just like we are not. Ignore them.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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For myself, I remain uncertain that ignoring would look good in court in the slim chance it came to that
It is a common courtesy to include an SAE where a reply is required especially as they have only addressed the invoice to the RK or owner not the driver who may or may not have agreed to their terms and conditions

 

If they did not include an SAE then they do not want a reply

 

Ignore works well

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