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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Court papers received from SIP parking. - ** DISCONTINUED **


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Hello all, I'm posting this for a neighbour as I told him to ignore the original threats.

 

Firstly he received a ticket on his works vehicle (numerous drivers) for overstaying in a SIP car park by 5 or so minutes after the driver got delayed, he had payed the car park fee but overstayed, then the usual notice to owner, final notice and final reminder.

 

The Claim form is from Northampton (CCBC) County Court and is signed by Natasha Sarwar.

 

The details on the Particulars of claim are as follows.

 

PCN was received on 18/04/2013

A valid NTO sent on 16/07/2013

Final notice 14/08/2013

Final reminder before commencing court proceedings 04/09/2013

Evidence consists of photographs taken of the vehicle on 18/04/2013.

 

Now it seems a long time to me, from the original ticket being issued and the first correspondance, as it is a works vehicle it will be difficult to remember who was driving, secondly can a defence be lodged on the fact that the parking charge was payed and the overstay was not intentional and an offer of £5 will be made to SIP to cover the additional 5 minutes.

 

Is it best to write on the court forms and send them off or use the online service.

 

Thank you.

Edited by benny46
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So how do we prepare it well, yes the car was parked there, yes the parking was paid for and yes it overstayed, but, to then 3 months later to ask the registered keeper for driver details seems a bit unfair, if your vehicle is used by more than user could you remember who used it 3 months ago.

Can we not defend the case on the fact that we payed for 2 hours not knowing we would be 2 hours and 9 minutes due to unforseen circumstances and offer to pay for the 9 minutes extra?

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The defence we are looking at giving is that the registered keeper knew nothing about the original parking ticket until 89 days after the parking ticket was attached to the screen, that was when the first demand arrived in the post.

By this time as it is a shared vehicle with other workers it was unable to clearly ascertain who was driving at the time.

When the first notice to owner arrived it was thought to be a spoof letter which is why it wasn't responded to.

The original ticket that was attached to the screen was later found in the vehicle but after the first notice to owner was received.

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Thanks for those pointers, firstly I have just been online to register and that was simple enough, I have put we are going to disagree with the whole of the claim while we formulate a defence.

Do I now have to wait for them to issue papers as to when and where the case will be heard or do I have to submit my defence within a set period and wait events?

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I'm going to read this later when I get home from work, it seems to be quite helpfull, then I will go to the car park concerned tomorrow to take pictures just in casr it helps any although I would think the signage might have changed since April.

http://www.consumeractiongroup.co.uk/forum/showthread.php?390479-REceived-Court-Papers-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***%284-Viewing%29-nbsp

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There are excellent sticky posts on the top of this forum and they will give you the majority of the information you need.

 

Before you enter your defence you need to make sure what was the reason for the 'ticket' being issued - check that and come back

 

If it is simply for an overstay then your basic defence will be that the PPC must show their claimed amount to be actual loss and not a punitive amount

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There are excellent sticky posts on the top of this forum and they will give you the majority of the information you need.

 

Before you enter your defence you need to make sure what was the reason for the 'ticket' being issued - check that and come back

 

If it is simply for an overstay then your basic defence will be that the PPC must show their claimed amount to be actual loss and not a punitive amount

 

It is just a basic overstay of 9 minutes and it does state on the court form that "the time on the ticket displayed was exceeded"

I will find the correct sticky, formulate the wording of our defence and post it here before going any further, thank you for your reply.

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Go through their claim step by step and rebuke it.

 

Firstly the claim is issued to the keeper, SIP have not met the criteria for keeper liability under POFA so the claim can only be against the driver. This wont be a strong defence as a court would expect you to know who was driving especially a company vehicle. However it will give you the opportunity to argue that any alleged overstay could not be checked.

Secondly have SIP got the relevant authority to issue a charge, you need to question on what grounds do they bring the claim, as the landowner or with the landowners authority.

Thirdly the charge is not a genuine estimate of any loss, their only loss would be for the cost of 9mins parking, arguably they can add DVLA and admin costs.

Finally without seeing the car park or the signs there could be further valid points for a defence with them.

You need to add as many points as you can and add plenty of meat to the bones and make your argument.

Another point find out who this Natasha Sarwar is and find out under what authority does she bring this claim.

 

SIP have dropped cases where a strong defence was put up, and where they never met POFA criteria.

 

Oh and here is a sticky!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?395511-REceived-Court-Papers-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***

Edited by esmerobbo
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Go through their claim step by step and rebuke it.

 

Firstly the claim is issued to the keeper, SIP have not met the criteria for keeper liability under POFA so the claim can only be against the driver. This wont be a strong defence as a court would expect you to know who was driving especially a company vehicle. However it will give you the opportunity to argue that any alleged overstay could not be checked.

Secondly have SIP got the relevant authority to issue a charge, you need to question on what grounds do they bring the claim, as the landowner or with the landowners authority.

Thirdly the charge is not a genuine estimate of any loss, their only loss would be for the cost of 9mins parking, arguably they can add DVLA and admin costs.

Finally without seeing the car park or the signs there could be further valid points for a defence with them.

You need to add as many points as you can and add plenty of meat to the bones and make your argument.

Another point find out who this Natasha Sarwar is and find out under what authority does she bring this claim.

 

SIP have dropped cases where a strong defence was put up, and where they never met POFA criteria.

 

Oh and here is a sticky!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?395511-REceived-Court-Papers-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***

 

I will be going to the car park concerned later today to take pictures of the signage and will post in this thread.

 

How do I find out who and whether this Natasha Sarwar is, do I just ask the court or SIP?

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I don't see her here! Put Sarwar into the surname box.

 

http://www.lawsociety.org.uk/find-a-solicitor/?view=solsearch

 

No me neither, it states at the bottom of the form, "The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement" it is then signed Natasha Sarwar (Claimant) ( Claimant's Solicitor) with a row of xxxxxxxxx under the words (Claimant's Solicitor)

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