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SIP Court case help

1235710

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  • Coupon-mad
    Coupon-mad Posts: 130,603
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    OK. Yes you need to append your evidence, as you will have seen from all the examples you must have just gone and looked at in the NEWBIES thread post #2. They show you have to number your evidence and mention it in the WS.

    So as it was pay & display and you paid in good faith, say that. Add that.

    Change the bit I wrote so it doesn't say 'no restrictions' but certainly remove the times you go on about 'seeing faded hatched lines' but 'assuming' they were not in use. It looks bad, so don't say that.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • lafferdog
    lafferdog Posts: 61 Forumite
    Here is an updated version.

    I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:

    • I am the registered keeper of the vehicle in question, no. xxxx xxx. The Claim relates to an alleged debt arising from the vehicle having been parked on a poorly-marked parking area of Islington Wharf Car Park in Manchester, on xx xx xxxx.

    • I returned to my car to find a ticket issued. When I left the car I was unaware of any restrictions or terms for parking. Apart from a few very faded lines, there are no markings anywhere in the car park.
    I have attached photo evidence of the poorly marked hatched area and examples of the rest of the carpark to show there are no other markings.

    • There was no signage near or around the faded hatched area to make it clear that it was an area not to be parked on.

    • There was no entrance sign, so there was nothing to tell me that the car park was 'managed' or restricted. I understand this is contrary to the Code of Practice.

    • The ticket offered the opportunity to appeal which I did straight away with photos of the area in question. Around 10 days later I received a letter saying I now owed £100, and there was no acknowledgement of my appeal letter, so I wrote back to say I had appealed and resent the original appeal letter. On xxxxxx I received another letter from SIP saying I now owed £125, I resent the appeal as there was still no acknowledgement of it. I have attached a copy of the ticket issued and highlighted the appeals section.

    • On the 25th of January I received a letter from Gladstones Solicitors saying I then owed £250. This whole thing has caused a lot of stress and worry, as well as taken up much of my time including the day off work I will need to take to go to court.

    I believe the facts stated in this witness statement are true.
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    When I left the car I was unaware of any restrictions or terms for parking.
    You need to spend more time on this. No rushing it. As I said, you can't say the above if it was pay & display, of course you were aware of some terms or you wouldn't have paid & displayed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • lafferdog
    lafferdog Posts: 61 Forumite
    Coupon-mad wrote: »
    OK. Yes you need to append your evidence, as you will have seen from all the examples you must have just gone and looked at in the NEWBIES thread post #2. They show you have to number your evidence and mention it in the WS.

    I have been searching through the threads in post 2 and cant seem to see any examples, do you have a link to one I can use as reference?

    I will remove the bit about restrictions and add in the fact I paid in good faith.
  • lafferdog
    lafferdog Posts: 61 Forumite
    I have been doing some more reading and I am just getting more and more confused. I am going to sleep on it and read it through again tomorrow night, thats my last chance to get it right.

    This gave me some hope but still find it quite intimidating.

    http://forums.moneysavingexpert.com/showthread.php?t=5650032&page=4
  • lafferdog
    lafferdog Posts: 61 Forumite
    edited 12 June 2017 at 8:30PM
    ok, so here is where I am up to, I think thats how to add in images? I am creating a neat pdf later and will print on A4 and send in a nice binded sleeve?

    Is there anything missing??

    I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:

    • I am the registered keeper of the vehicle in question, no. xxxx xxx. The Claim relates to an alleged debt arising from the vehicle having been parked on a poorly-marked parking area of Islington Wharf Car Park in Manchester, on xx xx xxxx.

    • I returned to my car to find a ticket issued. When I left the car I was unaware of any restrictions or terms for parking. Apart from a few very faded lines, there are no markings anywhere in the car park.
    I have attached photo evidence of the poorly marked hatched area and examples of the rest of the carpark to show there are no other markings (See Exhibit 1).

    • There was no signage near or around the faded hatched area to make it clear that it was an area not to be parked on.

    • I bought a ticket at the machine so paid for my parking in good faith,(See Exhibit 2).

    • The ticket offered the opportunity to appeal which I did straight away with photos of the area in question. Around 10 days later I received a letter saying I now owed £100, and there was no acknowledgement of my appeal letter, so I wrote back to say I had appealed and resent the original appeal letter. On xxxxxx I received another letter from SIP saying I now owed £125, I resent the appeal as there was still no acknowledgement of it. (See Exhibit 3).

    • On the 25th of January I received a letter from Gladstones Solicitors saying I then owed £250, I have tried to mediate and communicate with SIP and Gladstones, but they had forced the situation to end up in court.

    • This whole thing has caused a lot of stress and worry, as well as taken up much of my time including the day off work I will need to take to go to court.

    • I have also attached the correspondence letters between myself, SIP and Gladstones.

    I believe the facts stated in this witness statement are true.
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Looks OK as a Witness Statement. Just the facts, and some evidence. And you've done that.

    Show us Gladstones effort, when you get it!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • lafferdog
    lafferdog Posts: 61 Forumite
    Sorry one more question before I send.

    Do I send the court originals of the letters and ticket, or copies?

    Do I need to send £25, it isnt that clear in the court letter if I need to or not?

    Finally do I need to put a contents page at the beginning?

    I am thinking i will hand deliver to court at lunch tomorrow, at least I know it is then done.
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Copies of documents. Take the originals on the day, plus proof of this WS 7 evidence scans being emailed to the other side, in case they pretend they didn't get it.

    Why on earth would you pay the Claimant's hearing fee for them?! You are not the Claimant.
    Finally do I need to put a contents page at the beginning?
    Ideally, yes, with page numbering to make the file easy for the Judge to follow.

    Claim number in the front, with the words 'Witness Statement and evidence from the Defendant'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lafferdog
    lafferdog Posts: 61 Forumite
    Great stuff, and thanks so much for the time you have spent helping me out. Will update with any news or anything i get back from Gladstones.
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