Threats from SIP after ticket on a Bank Holiday

[Janine747]

Hi I have been issued a number of letters by SIP for not displaying a valid ticket, the reason for this was it was a Bank Holiday and I assumed like most places that usually charge to park but dont charge on a Sunday or a Bank Holday that it would be free on this day. It initially started at £60 but after ignoring it has now gone up to £200. I wrote them a letter appealing but to no avail. They are now threatening me with bailiffs and court proceedings, this is so stressfull as I don't have this kind of money and in the past have always bought a ticket and displayed . Will they carry out their threat? Am I likely to get bailiffs knocking on my door or suddenly receive court papers ....I don't know what to do

[honeybee13]

Hello and welcome to CAG.

 

Who are SIP who are issuing the letters please?

 

My best, HB

[themagician]

Hi I have been issued a number of letters by SIP for not displaying a valid ticket, the reason for this was it was a Bank Holiday and I assumed like most places that usually charge to park but dont charge on a Sunday or a Bank Holday that it would be free on this day. It initially started at £60 but after ignoring it has now gone up to £200. I wrote them a letter appealing but to no avail. They are now threatening me with bailiffs and court proceedings, this is so stressfull as I don't have this kind of money and in the past have always bought a ticket and displayed . Will they carry out their threat? Am I likely to get bailiffs knocking on my door or suddenly receive court papers ....I don't know what to do

you need to start your own thread! site team will do this for you.

[ploddertom]

New thread created

[silverfox1961]

Ah, Simple Intelligent Parking. Another money making exercise. Another one to ignore.

 

SIP sell signs, parking tickets and other paraphernalia to private individuals who ticket the cars and then when a ticket is issued SIP do the chasing.

 

From the BPA website they are affiliated and they do their own ticketing as well as anpr

 

Stuff em!

[Homer67]

Yep, ignore this lot, very doubtful if they would ever bother to go near court.

 

If you're not comfortable with ignoring then hover your mouse over the word ignore and follow that advice and then ignore

 

The only way you could ever get bailiffs on your door step is if you went to court, received an order against you and then didn't pay

 

You will get plenty of letters from Debt Collectors that claim to be able to do all sorts of nasty things and take your house/money/children none of which is true, you never have to speak to a DCA and you never should

[SpaceCowboy55]

Yep, ignore this lot, very doubtful if they would ever bother to go near court.

 

If you're not comfortable with ignoring then hover your mouse over the word ignore and follow that advice and then ignore

 

The only way you could ever get bailiffs on your door step is if you went to court, received an order against you and then didn't pay

 

You will get plenty of letters from Debt Collectors that claim to be able to do all sorts of nasty things and take your house/money/children none of which is true, you never have to speak to a DCA and you never should

 

I have received a claim form from Northampton County Court ( which is subject of another post ) from SIP : what I don't know yet is how far it will proceed : so I can confirm they will have started court proceedings but not whether they follow them through. I had the letter re debt collector but never heard anything from them.

Edited September 30, 2013 by SpaceCowboy55
I spotted errors in my typing

[ericsbrother]

Then you must respond to the court summons by posting back the acknowledgement of service and state that a defence will be files when the case is allocated. The questionnaire will ask you if you want mediation and the answer is no and select your local county court for the hearing. This will force the PPC to them pay another £25 to have the case allocated and then they will have to send someone along so it makes you wonder if they will bother if they see that you are not going to roll over It is a numbers game for them and there are plenty more punters to try it on with

Dont forget to ask the occupier of the land if they have given express permission for the PPC to sue on their behalf as you dont accept they have the right to so you want a copy of that permission or contract Let the occupier know that you may seek recompense from them as if they had entered this action as a joint enterprise. often that will make the store tell the PPC to call it off (see other posts here about an amusing tale on that theme).

[SpaceCowboy55]

I have done Acknowledgement of Service and I have been provided with some words to go back with which I will post up when I have them ready ( consolidated with other things it has been suggested I include ) . It's not obvious who the land belongs to ( it's behind a number of shops and restaurants ) but I will be requesting a copy of the contract between SIP and the landowner.

[Janine747]

Thanks for your reply I feel I little more at ease now.

[Homer67]

I have received a claim form from Northampton County Court ( which is subject of another post ) from SIP : what I don't know yet is how far it will proceed : so I can confirm they will have started court proceedings but not whether they follow them through. I had the letter re debt collector but never heard anything from them.

 

 

what the PPC does in one case it may not do in another, very few PPC invoices are taken to court by percentage to those handed out, Parking eye seem to be having a go lately but have been trounced on all reported defended cases

 

The only way Bailiffs will ever knock on your door is if you go to court and lose (unlikely with the appropriate defence) and then don't pay the Court appointed fine/costs

 

The PPC letters are designed to look official (they're not) and intimidate, wait it out and if you are one of the very few who gets official stamped court papers then come back here for your standard defence which should bat this lot off (the PPC's have been known to withdraw once the correct defence is entered)

[SpaceCowboy55]

what the PPC does in one case it may not do in another, very few PPC invoices are taken to court by percentage to those handed out, Parking eye seem to be having a go lately but have been trounced on all reported defended cases

 

The only way Bailiffs will ever knock on your door is if you go to court and lose (unlikely with the appropriate defence) and then don't pay the Court appointed fine/costs

 

The PPC letters are designed to look official (they're not) and intimidate, wait it out and if you are one of the very few who gets official stamped court papers then come back here for your standard defence which should bat this lot off (the PPC's have been known to withdraw once the correct defence is entered)

I have an official stamped court Claim Form : I have telephoned the court and also acknowledged the claim on line : this comment is on someone else's thread though so things may get confused.

 

This is my thread on here : http://www.consumeractiongroup.co.uk/forum/showthread.php?392661-SIP-PCN-Notice-to-Owner-issued&p=4353224#post4353224 and it's also on Pepipoo.

 

I have been provided with advice for defence :

1. The Defendant denies he is indebted to the Claimant in any way.

2. Upon the Claimant accepting that the Defendant should be afforded the opportunity of challenging the parking charge by means of an appeal to the facility provided by London Councils Ltd trading as POPLA (Parking On Private Land Appeals Service) and the Court being satisfied that this facility constitutes an appropriate form of alternative dispute resolution procedure for the purposes of CPR 1.4(2)(e) it is requested that the Court makes an order of its own initiative:

1. There be a stay of the proceedings to enable POPLA to adjudicate upon the appeal according to its merits.

 

2. There be permission to either party to apply to have the matter dismissed or restored following the POPLA adjudication; the claim to stand dismissed if no application be made within six months

 

3. No order as to costs.

3. It is submitted that the Claimant is obliged to engage in the POPLA service as a condition of its membership of the trade body The British Parking Association Ltd.

4. It has come to the Defendant's attention that other courts are making such orders as to save the court system time and cost. Please see enclosed a recent order made in the Croydon County Court.

 

The concern I have with the above is I did get a POPLA code earlier and didn't use it ( due to conflicting advice which in hindsight I think I should have )

 

Also there are errors in their POC ( on my thread ) and I am not sure how much to respond with ( Defendant parked ... ( it wasn't me I am RK ) ... Valid NTO - no it wasn't it was out of time as I pointed out in a letter to them that they didn't acknowledge and actually in POC say no communication after a date when my letter ( sent twice to different addresses was sent after and final sum free does not reflect loss ( 8 minutes of parking at £1 ) .

 

I will also mention no LBA ( the letter they sent was non compliant at best - no reference to court practice and it was really just another demand for money - also posted on my thread : the quality isn't great : I can do higher quality with all the info but the files are then too big ) . I will also request evidence of contract between PPC and landowner ( it's not obvious who the landowner is ) + amount claimed does not reflect actual loss.

 

Any suggestion as to how better to articulate this greatly received. I am also going to post this on my thread .

Edited October 1, 2013 by SpaceCowboy55

[Janine747]

Thanks for all your advice - my 21 days that I was given to pay must nearly be up so just waiting for my next final demand to pop through the post !

[Homer67]

I have an official stamped court Claim Form : I have telephoned the court and also acknowledged the claim on line : this comment is on someone else's thread though so things may get confused.

 

This is my thread on here : http://www.consumeractiongroup.co.uk/forum/showthread.php?392661-SIP-PCN-Notice-to-Owner-issued&p=4353224#post4353224 and it's also on Pepipoo.

 

I have been provided with advice for defence :

1. The Defendant denies he is indebted to the Claimant in any way.

2. Upon the Claimant accepting that the Defendant should be afforded the opportunity of challenging the parking charge by means of an appeal to the facility provided by London Councils Ltd trading as POPLA (Parking On Private Land Appeals Service) and the Court being satisfied that this facility constitutes an appropriate form of alternative dispute resolution procedure for the purposes of CPR 1.4(2)(e) it is requested that the Court makes an order of its own initiative:

1. There be a stay of the proceedings to enable POPLA to adjudicate upon the appeal according to its merits.

 

2. There be permission to either party to apply to have the matter dismissed or restored following the POPLA adjudication; the claim to stand dismissed if no application be made within six months

 

3. No order as to costs.

3. It is submitted that the Claimant is obliged to engage in the POPLA service as a condition of its membership of the trade body The British Parking Association Ltd.

4. It has come to the Defendant's attention that other courts are making such orders as to save the court system time and cost. Please see enclosed a recent order made in the Croydon County Court.

 

The concern I have with the above is I did get a POPLA code earlier and didn't use it ( due to conflicting advice which in hindsight I think I should have )

 

Also there are errors in their POC ( on my thread ) and I am not sure how much to respond with ( Defendant parked ... ( it wasn't me I am RK ) ... Valid NTO - no it wasn't it was out of time as I pointed out in a letter to them that they didn't acknowledge and actually in POC say no communication after a date when my letter ( sent twice to different addresses was sent after and final sum free does not reflect loss ( 8 minutes of parking at £1 ) .

 

I will also mention no LBA ( the letter they sent was non compliant at best - no reference to court practice and it was really just another demand for money - also posted on my thread : the quality isn't great : I can do higher quality with all the info but the files are then too big ) . I will also request evidence of contract between PPC and landowner ( it's not obvious who the landowner is ) + amount claimed does not reflect actual loss.

 

Any suggestion as to how better to articulate this greatly received. I am also going to post this on my thread .

 

Respectfully, I think you should stick to your own thread - just because you have court papers does not mean the OP will get them, I understand why you commented that you have got court papers from this lot but posting what is going on in your case isn't helpful at this stage for the OP and could scare them into paying.