Jump to content


  • Tweets

  • Posts

    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
    • I think they're inventing stuff now. They seem to know they won't be around to implement any of it.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

SIP Car Parks taking me to Court - help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2677 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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
Link to post
Share on other sites

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.

Link to post
Share on other sites

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).

-------------------------------------------------------------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------------------------------------------------------------

 

Link to post
Share on other sites

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).

Link to post
Share on other sites

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?
Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 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?

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

. 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.

Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...