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SIP PCN, ticket blown on floor


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Dear All,

I am new to this and i would need your precious help.

 

My car was parked inwalmer street in manchester and the driver bought a valid ticket from the machine.

Upon shutting the door this ticket has fallen on the floor without the driver realized that.

On return the drivers find on the windscreen the penalty charge as "as no ticket displayed".

The driver tried few times to call the number on the ticket in order to talk to an operator but the number rings out.

 

Once at home the driver send proof of the valid ticket to SIP through their website and for an appeal against the charge explaining the circumstances.

 

After a week the appeaq was rejected and been advised to pay GBP60.00 instead of the original GBP35.

Advised to appeal to IPC if unsatisfied.

Replied to several email but SIP said they will NOT reconsider the decision.

 

What do you suggest to do now?

 

Should the driver contact the IPC?

 

Please your help is needed

Thanks

sandrofio

Edited by honeybee13
Paras
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Hi Bazooka and thanks for your reply.

No I did not. I am the car keeper and dealing with this

 

I have a trail of emails exchange with SIP in which I specified that the driver purchased the right ticket and sent copy of it straight away the same night

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bottom line is you now ignore them and the powerless DCA's they are NOT bailiffs

and have zero legal powers

please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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copy n paste here answer each question

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

1 The date of infringement? 28/05/2018 Time issued 23.40

 

2 Have you yet appealed to the parking company yet? [Yes]

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

 

has there been a response? YES they have sent photos of the car and the Parking charge notice

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it : NOT YET

 

Did the NTK provide photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? SIP Parking

 

6. where exactly [Carpark name and town] did you park? It says Walmer Street, Manchester on the ticket but ACTUALLY the car park it the square between Great western Street and Walmer street

 

Here the trail of emails

last one first going downwards to the bottom is the first one

 

From: Info

Sent: Tuesday, June 5, 2018 3:50 PM

To: SandroXXXXX

Subject: Re: 0000000 - Appeal decision

 

Dear Sandro XXXXX,

 

No name is relevant you are not dealing with a case worker, so no individual is required to respond. Your e-mail is responded to regardless of whoever does so. Please note that your appeal has been heard all relevant circumstance considered and a decision made. It will not be overturned by ourselves.

 

All the relevant information has been provided.

 

Further correspondence relating to this PCN will not be entered into.

 

Kind Regards,

 

SIP Car Parks

 

On 05/06/2018 14:54, Sandro XXXXXXwrote:

Dear Sir/Madam,

What is your name?

It is very odd to write when there is not a signature at the end of your correspondence.

Why are you being so awkward and uncooperative?

 

The poor people went to celebrate a family event in the restaurant opposite the car park, they made sure they were parked quite near the front due to the disable child, they duly paid their ticket at the machine, but they were genuinely unlucky as that ticket fell on the floor in the car itself.Upon receiving the ticket they STRAIGHT AWAY phoned the number on it few times, they selected the option to speak to the nearer operator, but the number was ringing out.

 

As soon as they got home that night they wrote to you through your webpage (see date and time of the appeal)explaining the genuine circumstances.

 

They are only kindly asking to look at the circumstances and as a goodwill gesture waive this charge as they, in fact, have paid for the ticket from the machine which they still own it.

Thanks and regards

SandroXXXX

 

On 5 Jun 2018, at 12:11, Info wrote:

 

Dear SandroXXXXX,

 

 

The IAS is a fully complaint ADR service and as it is we that pay for this service to be utilized, the choice of ADR is our decision to make and it is the IAS. This issue is not negotiable and will not be discussed further.

 

Kind Regards,

 

SIP Car Parks.

 

On 05/06/2018 11:37, Sandro XXXX wrote:

Dear sirs,

 

Ref:00000000

 

Thanks for the pictures.

 

The driver had paid for the parking and proof has been sent to you.

 

If you are unwilling to accept the appeal, I require you to provide me with access to alternative dispute resolution via an appeal service that substantially complies with The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Bodies that comply are POPLA or The Ombudsman Service. You will be aware that IAS does not comply with the requirements of these regulations.

 

Alternatively, please proceed to court without delay.

 

Regards

 

SandroXXXX

 

From: Info

Sent: Tuesday, June 5, 2018 9:20 AM

To: Sandro XXXXXX

Subject: Re: Fw: 0000000 - Appeal decision

 

Dear Sandro XXXXXX,

 

 

Thank you for your templated e-mail.

 

Please find the attached the photographs requested. Should you wish to view the signs in situ you can go to the car park and see them in place.

 

 

We use the IAS should you wish to appeal further. Please note that we do not deal with PCNs via e-mail and no further correspondence will be entered into regarding this matter.

 

 

Kind Regards,

 

 

SIP Car Parks

 

On 04/06/2018 17:00, Sandro XXXXXX:

 

 

 

From: Sandro XXXXXX

Sent: Monday, June 4, 2018 3:56 PM

To: SIP

Subject: Re: 000000 - Appeal decision

 

Dear Sir/Madam,

 

Re PCN number: 000000000

 

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

 

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established inParkingEye Ltd v Beavis, which is fully distinguished.

 

Should you fail to cancel this PCN, I require the following information with your rejection letter:

 

1. Provide all images taken of this vehicle on that day and the signs at the material location and do not withhold any images or data later relied on for POPLA or court.

2. Explain why you operate in disregard of the GDPR and ICO rules. Nowhere do you inform the public of their right to subject access - why not?

 

If offered in your rejection letter I will use POPLA and not the 'IAS' which has been exposed in Parliament as unfair and compromised by a conflict of interests with the IPC. The BPA were also heavily criticised and both appeals systems were condemned - hardly surprising for an industry where so-called AOS members admitted in recent years to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog). As you will know, firms of your ilk were unanimously criticised in 2018 as operating an 'outrageous [problem]' (Hansard 2.2.18).

 

I will also be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed.

 

Formal note:

in order to resolve the dispute I attach hereby copy of the driver's receipt of the duly paid parking time correct fee that day (already sent to you previously) as they were behaving correctly and genuinely as car park customers and which will be kept as clear evidence that a correct payment of the required fee have been made at the machine ad hoc. Also evidence of prompt report of the happening that night along with appeal submission. Possibly the ticket dropped in the vehicle probably upon shutting the door.

 

Yours faithfully,

SandroXXXXXX

 

 

 

From: SIP

Sent: Monday, June 4, 2018 12:38 PM

To: sandroXXXXXXX

Subject: 0000000- Appeal decision

 

SIP Car Parks

04/06/2018

80087913

 

Dear SandroXXXXX,

 

We are in receipt your appeal against PCN 00000000

 

After reviewing the evidence and the information that you have provided in your appeal we regret to inform you that your appeal has been unsuccessful.

 

Your vehicle was parked in a manner other than in accordance with the signage situated at the car park.

 

For this reason the parking charge was issued correctly and the charge now stands at £60.00 to be paid within 14 days. After this time the charge will increase and additional charges may be incurred.

 

Yours Sincerely,

 

SIP Parking Limited

 

 

Why should I respond to this letter?

 

If you fail to respond to this letter, legal proceedings may be issued against you in the County Courts/Sheriffs Court. This may result in:

You may have to pay more in the end because of court costs

A court judgment/decree

Your possessions being seized

 

How do I pay?

 

By Phone - to use a credit or debit card please call 0333 999 7575 and select "Pay my PCN"

Online - to use a credit or debit card go to......

By Cheque or Postal Order - Make your cheque or postal order payable to SIP, write your reference on the back and send it to: SIP Parking Limited, PO BOX 5450, Manchester, M61 0JX

 

Independent Appeals Service

 

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal to the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS after 24 hours but before 21 days of the date of this notice. For further information please visit....... if you choose to use this service and your appeal is rejected all discretionary discounts provided by SIP Parking Limited are revoked and the full PCN amount of £100 becomes payable.

 

VEHICLE KEEPER DETAILS FROM THE DVLA

 

We obtained your name and address from the DVLA in Swansea. Regulations made under the Vehicle Registration and Licensing legislation provide that DVLA may release vehicle particulars to anyone who can show reasonable cause for wanting the particulars. Further information about the release of vehicle information is obtainable from.... Alternatively you can write to DVLA at:

 

VCS Fee-paying enquiries, DVLA, Longview Road, Swansea, SA99 1AJ

 

COMPLAINTS

 

You may lodge an official complaint if you can prove

 

That we have used the information for purposes other than dealing with a parking charge notice; or

That you have been subjected to unreasonable behaviour or harassment either in person or by telephone by our employees.

 

In the first instance, please write to us at the following address:

 

SIP Parking Limited, Customer Service Department, PO Box 5450, Manchester, M61 0JX

 

SIP is a member of the Independent Parking Committee (IPC). We are required to follow IPC's Code of Practice, details of which may be viewed at. Alternatively you may obtain details by writing to the IPC at the following address:

 

The Independent Parking Committee, 4 The Stables, Red Cow Yard, Knutsford, Cheshire, WA16 6DG

 

Your information is confidential and is subject to Data Protection Act. If you believe your information has been used inappropriately, you should notify us immediately and can notify Information Commissioner by writing to the address below:

 

The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF

 

Our continued use of DVLA's records depends on our adherence to the code of practice. If after having dealt with your complaint you still feel aggrieved, please write to the DVLA at the address given below.

 

VCS Fee-paying enquiries, DVLA, Longview Road, Swansea, SA99 1AJ

 

 

NOTICE: this email box is not monitored and replies to this mailbox will not read or responded too.

 

at the very start this came first along with the :"rejection email"

 

 

 

 

 

From: SIP

Sent: Monday, June 4, 2018 12:38 PM

To: sandroxxxxx

Subject: 0000000 - Appeal Clarification

 

Dear Sandroxxxxxx,

 

Please be advised that further to our rejection letter, further clarification from the Appeals Assessment Officer is below:

 

"It is the drivers responsibility to ensure that a valid parking session is displayed in the windscreen of the vehicle. As this was not done the PCN was issued correctly."

 

Please refer to your rejection letter for further information on how to pay the charge at the rates advised within the rejection letter or how to appeal further.

 

Kind Regards,

 

SIP Parking Limited

 

 

NOTICE: this email box is not monitored and replies to this mailbox will not read or responded too

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

nothing!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

all fake stuff

go read those threads

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

urn no

doesn't say WILL anything!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

read the letter yo have from gaddies...where does it say WILL anything?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i did not get any NTK or any other Gladston' letter yet,

I am just thinking that I will receive them because is part of SIP' script from what i can gather from the other posts...

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yes I did, but the Gladstone' letters to court are real though...:(

 

how are you making this out?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I meant: yes I did read the posts that you showed with the link....from those posts I have read that SIP will appoint Gladstone and they are sending letters for Court hearing to collect the charges not paid

I am sorry if I was unclear

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you do realise this is one big sc@m??

speculative invoices??

 

so who legally can sent you court claims?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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all in our threads.

 

stuff all they can do..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Out of interest, was it an adhesive back ticket or not?

If it not sticky does this mean the parking company did not mitigate the risk of exactly this happening through their cost cutting excercise?

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