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SIP Windscreen PCN Claimform - SIP Windscreen PCN Claimform - Spaw Street Arches, Salford


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Hello

 

Driver parked in car park 19 April 2018.

Regular paying user of this car park using both ticket machines and the app.

 

On the day, driver didn’t have change so left site intending to pay through app within 10 minutes.

Driver tried several times to pay through the app unsuccessfully.

 

Attempted to call company, no response after waiting 40 minutes in queue.

Driver then had to go about their business in Manchester.

 

Driver has 42 email receipts of paying using the app at this car park dated October 2017 through August 2018.

They usually paid as walking away from site and within the 10 minutes allowed.

The keeper is the parent of the driver, who at this time was a student attending lessons in their parents vehicle.

Keeper is pensioner who has chronic clinical depression, is on strong medication and will not be capable of attending a hearing.

Driver is carer for parents, is unemployed and on universal credit

Ticket was on windscreen when driver returned.

Keeper wrote to SIP the same day explaining the situation and offering to pay for a full 12 hours parking.

SIP apparently ignored this letter so after 2 weeks keeper sent appeal to SIP detailing above and asked for an appeal code if rejected.

SIP did not reply to this letter.  


Notice to keeper received 29 May 2018. K

eeper replied to this referring to their 2 previous letters stating they would not communicate further with SIP except for through the appeals process.

SIP again did not reply.

Although the keeper states they sent all correspondence through registered post, they do not have barcode receipts as they assumed since there was no contact in over 18 months the matter had been dropped.

Claimant says further letters were sent 25 June, 12 July and 10 August, keeper has no recollection of receiving these letters.

Keeper received court claim form issued 1 June 2020

Keeper has chronic clinical depression, is on strong medication and will not be capable of attending a hearing.

Looking for help on how to proceed with this.

Should the keeper admit part of the claim, as they did park on the land and made reasonable steps to pay.

 

The fee for 12 hours parking on this site at this time was £7.95 and the court fee is £25 plus £160 fine and no legal fee.

Claimant is Haseeb Anwar, who appears to be the sole owner and MD of SIP Parking Limited.

THis is also the signature on the court form.



thanks in advance, 

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  • dx100uk changed the title to SIP Windscreen PCN Claimform

it is not a fine.

it is a speculative invoice for breaking the terms of some imaginary contract the driver entered into by driving onto the private land that SIP parking may or may not have a valid contract with the land owner to manage parking.

 

please complete this:

 

 

 

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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Please complete dx's link.

 

I see you are well aware of the difference between the keeper and the driver!

 

There are already loads of reasons for fighting this claim and almost a guaranteed win in court

   - they are suing the wrong person

   - they ignored their own and the industry's appeal procedure

   - it's not your fault their app is pants

   - keeping someone in a phone queue for 40 minutes is unreasonable

   - they have added £60 made-up "Unicorn Food Tax" which a judge last week was very, very angry about and the story made the national papers.

 

Do you have any screenshots or phone records to prove the carp app & the calls?

 

I'm sorry if I seem brusque & direct, but the court won't be interested in health problems.  The person being sued has to turn up in court, simple as that.  However, I've been to county court.  It's no more stressful than a job interview.  You simply sit round a table with a well-dressed person (the judge) and the two parties are given the chance to explain themselves.

 

So the person being sued has the choice of

   - paying this money which isn't owed to a bunch of conmen

   - defending the claim, hoping a strong defence will make the fleecers drop their claim, but if they don't, give in just before court

   - defending the claim, hoping a strong defence will make the fleecers drop their claim, but if they don't, take the charlatans on in court.

 

Cost would be broadly the same, court action has started and the shysters have asked for costs, if you pay now or lose in court the sum is broadly the same.  So it's well worth fighting, especially as IMO you'd have a great chance of winning in court (if the fleecers don't wet themselves and run away before).

 

Fill in dx's sticky.

We could do with some help from you.

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Name of the Claimant :  SIP Parking Limited

 

Claimants Solicitors: None stated

 

Date of issue – 1 June 2020

 

Date for AOS - 20 June 2020

 

Date to submit Defence - 4 July 2020

 

What is the claim for – 

 

1.The driver and/or registerred keeper of vehicle XXX XXX incurred the parking charge ('charge¿) on the Relevant Land at Spaw Street Arches, Salford for 'no ticket displayed¿.  

 

2.The charge was incurred as the terms of the contract (the 'Sign¿) were breached and it is stated on the contract that should there be a breach, a parking charge will be incurred to the sum of £100.00, subject to discount for prompt payment.  

 

3.The parking charge was issued at XXX on 19 April 2018, with a parking charge notice affixed to the windscreen of the vehicle, under the notice reference of XXXXXX.  

 

4.The Notice to Kepper dated 23 May 2018 was served upon the Defendant at their last registerred address, which was followed by three further notices dated 25 June 2018, 12 July 2018 and 10 August 2018 along with a Letter Before Claim.  

 

5.The amount claimed is broken down to £100.00 as per the contract and £60 in damages for the terms of the contract being breached.

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pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
..
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

https://www.consumeractiongroup.co.uk/topic/409718-cpr-3114-request-to-use-on-receipt-of-a-ppc-private-land-parking-court-claim/

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

are they not charging court s69 statutory Interest at 8% on the claim ?
 

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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  • dx100uk changed the title to SIP Windscreen PCN Claimform - SIP Windscreen PCN Claimform - Spaw Street Arches, Salford

do you have a copy of the letters you sent to SIP regarding the appeal?

If you named the driver then they are chasing the wrong person and that makes it easy to bat away this claim.

If you suffer from depression get the driver to help you, it is the least they can do

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