Court papers received from SIP parking. - ** DISCONTINUED **

[benny46]

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 December 10, 2013 by benny46

[kirkbyinfurnesslad]

First of go online ,acknowledge the claim and ask for the extra time to defend

[benny46]

I've just got all the paperwork and the actual overstay in the car park was exactly 9 minutes.

[lookinforinfo]

And how much are these idiots trying to charge you for 9 minutes? Whatever it is the Judge will probably laugh it out of Court.

[kirkbyinfurnesslad]

And how much are these idiots trying to charge you for 9 minutes? Whatever it is the Judge will probably laugh it out of Court.

 

Wrong. It doesn't work like that Sorry.

[kirkbyinfurnesslad]

Depending on the case the claimaint could win if the defence isn't well prepared

[benny46]

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?

[kirkbyinfurnesslad]

You need to have a look round forums like this, Moneysavingexpert and pepipoo on what needs to go in a good defence

What your talking about is mitigation and that wont work, so no you cant defend the case on that basis

[benny46]

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.

[kirkbyinfurnesslad]

I think you need to research this properly before relying on that.

[kirkbyinfurnesslad]

If you rely on that defence you will loose tbh

[benny46]

If you rely on that defence you will loose tbh

 

OK, any pointers as to which way it is best to defend then, I have looked at the stickies and they don't seem to apply in this case.

[kirkbyinfurnesslad]

You need to look at issues such as genuine pre estimate loss. Rights to sue. Land owner etc. If the ntk was after 56 then yes pofa won't apply , but don't rely on that

[benny46]

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?

[benny46]

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

[kirkbyinfurnesslad]

You log your defence within 28 days of the date of service if u have asked for the extra Time

You get an allocation questionaire.

It gets allocated to ur local court.

You get a hearing date

[Homer67]

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

[benny46]

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.

[armadillo71]

First sign of madness apparently....

[esmerobbo]

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 December 12, 2013 by esmerobbo

[benny46]

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?

[esmerobbo]

Who does she say she is on the claim form?

[benny46]

Who does she say she is on the claim form?

 

Claimants Solicitor.

[esmerobbo]

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

 

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

[benny46]

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)