SIP Parking Issued Court Papers - Help **Discontinued**

[hushpuppy]

I have had a Notice of Proposed allocation to small claims and direction questionnaire, which I am about to send back, it says on it to file it with the court office and serve copies on all other parties, does that mean I have to send sip parking a copy of proposed allocation??? or is this meant for them?

 

 

The other thing is I forgot to say full defence to follow, will I still be able to do this.

[ericsbrother]

Usually it is automatically allocated to your local court unless you specify another one. At the moment there is nothing to file but you can send a copy to SIP to remind them that you are defending the summons. You may find that this will be the end of the matter for you as I would put money on them taking a gamble that you would be scared by the summons and pay up. Now they are rumbled they might not pay the allocation fee and drop the matter so save face and money. i hope that this is what happens as it will save you a lot of wasted time.

[hushpuppy]

I hope so too, but they seem to be going the court route at the moment, looking at the other sip issues coming up on here.

[ericsbrother]

Aye, but early days and they are wrong with their procedures there as well. I still bet they are seeing the number of people who cough up when PE issues the summonses and reckon they want slice of that pie. At least PE follows the CoP's even if their claim for money is dubious at best.

[hushpuppy]

Well you are completely right, received a letter today-

 

 

Please find attached a notice of discontinuance. Please the court have also been made aware of this on 16/12/2013. via post.

 

 

Kind Regards

 

 

SIP Car Parks Ltd

Legal Department

 

 

Very professional, especially the Kind regards, ummmm the notice is signed by Sarwar whose position is now case handler, I will check it online to make sure it is discontinued, they were pretty fast with the discontinuing only just got in my proposed allocation, they must have passed in the post. Thanks for your help ericsbrother.

[esmerobbo]

Well done you can relax now and forget about it. It seems they have realised you were not going to be scared by their claim. Unfortunately I bet there are a few who have paid up to avoid court action.

[hushpuppy]

There wont be so many with the help of you guys (gals). I am so much more enlightened now about the whole sordid subject.

[ericsbrother]

Glad for the result you wanted at the least inconvenience. It will have cost them £25 plus a couple of quid for the postage to get nowhere so perhaps they will think a bit harder before sending out any more. That is 3 they have cancelled this week.

[havinastella]

If you put in a defense you should request your costs!

[odds]

Well done, but please do not let the DVLA or the BPA off lightly and follow up your complaints. The more complaints about these BPA members and the misuse of personal data the better. I have just had a pathetic response from the DVLA regarding my complaint and as such have fired off a follow up response to them demanding more information, rather than just accepting the BPAs excuse that the Parking Companys Agent "sent the correspondence in error", how pathetic is that.

If anyone had parked in the wrong place by mistake would the PPCs accept that as an excuse ?

 

Pete.

[Old Snowy]

+1

 

In addition although you haven't been able to pursue your own claim there is no reason why you shouldn't continue to do so. A letter might just elicit a payment - after all the Notice of Discontinuance was pretty smartly sent out - something along these lines:

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

 

SIP Parking Ltd

Registered Office

 

Dear Sirs

 

Re: Whatever County Court, Yourselves -v- hushpuppy, Case Ref XZXZXZXZX

I refer to the Notice of Discontinuance dated issued by yourselves.

 

I hereby give notice that it is my intention to apply to the court for an order for costs in respect of the above matter and with regard to this draw your attention to the Civil Procedure Rules, specifically Part 44.2 5(a-c).

 

I will be my case that your allegations were ill-founded and that prior to instituting proceedings: you failed to examine or at all your records as to payments received; you failed to apply or at all the provisions of Schedule 4, Protection of Freedoms Act 2012 upon which you sought to rely; that you sought to enforce a debt which was not due and in any event is denied and further sought to enforce a charge which you knew or ought to have known was a penalty and in all events you intended to be regarded as a deterrent neither of which are permissible or enforceable at law. Furthermore, that in seeking to enforce the matter you failed to adhere or at all to the requirements of the pre-action protocols and in so doing prejudiced my ability to defend the matter.

 

Please find the attached schedule of costs I intend to seek to recover by way of an order of the court. My application will necessarily incur additional costs you will also be liable for and the more so if I have to enforce the order. However, you may feel that it is prudent to settle the matter promptly and I will be happy to receive your cheque for the total overleaf within the next 14 days. In the absence of payment within that time-scale I shall look to institute proceedings without further recourse to yourselves.

 

Yours faithfully

 

hushpuppy

Don't take the mickey with regard to your costs - a couple of hours of research and dealing with correspondence and some additionals like photocopying etc

[hushpuppy]

That's a great idea and I will do that, just had another letter off the cheeky monkeys -

 

 

This is official confirmation that the above PCN has been cancelled. No further correspondence will be sent regarding this Parking Charge Notice.

 

 

Yours sincerely (this time no more kind regards???)

 

 

SIP Car Parks Limited (thought it was Stop Illegal Parking)

 

 

Appeals Department (can't remember appealing)

 

 

Havn't heard back from DVLA but I'm pretty ticked off that they give out your details willy nilly.

[hushpuppy]

Just seen an e-mail from BPA it says

 

 

 

 

I have received a response from SIP Parking with reference to your complaint.

 

The Parking charge Notice has been cancelled. They have now amended their process so that they do not pursue these PNCs under POFA unless they are within the 56 day requirement.

 

You should be receiving notification of the above shortly.

 

So basically they are useless and are going to do nothing about them, and it was not cancelled it was discontinued in the court, big difference in my book and I will be telling them this.