Advice please on a SIP ticket.

Perfo · 24 September 2016 at 8:53PM

I have done my homework and read the various posts but can't find something quite like my problem. So please excuse me if there is.

Last April the company I work for hired a car for me for the day.

I parked in a SIP car park in it.

I paid the fee but the machine spat it out.
There was a notice on the screen of the machine that said sorry out of order. (I took a picture of this)
I left a message on the screen of my car giving my contact details and stating the machine was out of order (I have pictures).
I went to the office and about 20 mins later I went back to the car to find a sticker on the screen.
I tried the number they gave on the ticket to ring but couldn't get through.
The machine was now working so I purchased a ticket.
On leaving the car park I tried the number again and this time spoke to a person that basically told me to send it in writing.
I sent the details in writing confirming I was the driver and all the other details (I know silly move).
They sent back and said it doesn't matter the machine was out of order it clearly states on the sign that if the machine is out of order then you have to ring a mobile number and pay over the phone.
I had picture of their sign and it didn't say anything of the sort. A further investigation showed that there was a red sticker on the actual machine stating it was the drivers responsibility to ensure payment was made before leaving the car park.. and to ring a number if the machine wasn't working.
I replied to SIP stating that I had read the signs and it didn't say anything about ringing. If they had another sign in the car park then I didn't see it and therefore was it up to the specification as detailed by POPLA in terms of sizes etc.
I also stated that they say the sign says I have to pay before leaving the car park..which I had also done.. by getting the ticket on my next visit...

I've heard nothing officially since.
I say officially as I've just now been made aware of a letter sent to work from Gladstones solicitors talking of court cases concerning the date and time and car park of my parking but addressed to another employee of my firm which has absolutely nothing to do with any of it..

My company say the hire company has been contacted as the registered keepers and they had contacted my company..

I thought the DVLA rules for giving out RK details was if and only if the driver could not be identified ...is this not true ? And if so as I identified myself on the first day they shouldn't have even asked for the RK details.

What do I do ??? I haven't been in the loop at all from (me appealing and thinking it had been accepted) to some other poor chap being taken to court ???

I shall ask the other gent to contact Gladstones and inform them he had nothing to do with it. I have clearer stated I was the driver in writing to the car park company and it was never my intention not to pay for the parking indeed had they put the information actually on the proper signage of the car park then I would have rang it and paid over the phone. I can absolutely and honestly say I didn't see this sticker. But if I had I would have been a little skeptical about ringing it and handing over card details etc..

My feeling is they have done it deliberately to scam more money out of innocent folk...

Sorry for the longish post and I hope some of you learned folks will be able to offer me some advice as I'm not sure what else to do..

Thank you...

Coupon-mad · 24 September 2016 at 9:07PM

I tried the number they gave on the ticket to ring but couldn't get through.
The machine was now working so I purchased a ticket.
On leaving the car park I tried the number again and this time spoke to a person that basically told me to send it in writing.
I sent the details in writing confirming I was the driver and all the other details (I know silly move).
They sent back and said it doesn't matter the machine was out of order it clearly states on the sign that if the machine is out of order then you have to ring a mobile number and pay over the phone.
I had picture of their sign and it didn't say anything of the sort.

So you admitted you were driving but Gladstones have written to the company again?

I saw officially as I've just now been given a letter from Gladstones solicitors talking of court cases by address to another employee of my firm which has absolutely nothing to do with any of it..
My company say the hire company has been contacted as the registered keepers and they had contacted my company..

I thought the DVLA rules for giving out RK details was if and only if the driver could not be identified ...is this not true ?

It is true, if you gave them your name and address (not just email) so did you give the PPC your name and address? If so then the company (the other 'gent') has good reason to complain to the DVLA and Information Commissioner immediately, about misuse of his data.

I shall ask the other gent to contact Gladstones and inform them he had nothing to do with it and I'm inclined to ask him not to tell them whom was as that's not his concern. I have clearer stated I was the driver in writing to the car park company and it was never my intention not to pay for the parking...

Maybe he is the contact that the lease firm have, so the lease firm passed his name on when THEY got a letter?

I would get the 'other gent' to complain to the DVLA by email and the ICO.

The difficulty for you is, this is your employer so you may well be best to let them also name you as the keeper of the vehicle around that time (not saying who was driving). Otherwise, your employer might just pay it and then ask you to cover it, or they might get sued and blame you.

Perfo · 27 September 2016 at 11:55PM

I admitted I was the driver on the phone and in writing the day after the alleged offence...

I've told my employer the details so they know who the driver is. I've also told them I wouldn't be paying as I've made an appeal with what I thought was a clear reason why I should not have received the ticket and heard nothing back.

I'm not sure why the hire company would have the other gent's name as he's only an employee like me and nothing to do with hiring vehicles etc..
I will get him to reply to Gladstones basically stating he had nothing to do with the alleged incident.

Is there anything else I should / could do ?

The_Deep · 28 September 2016 at 10:42AM

Is there any way that you or your company can turn this into a complaint against the solicitors?

They are already under investigation by their regulatory authority, and one more cannot do any harm. Write to Duncan Allen here:

http://www.sra.org.uk/consumers/problems/report-solicitor.page

Perfo · 14 October 2016 at 9:14PM

The other fellow has replied to Gladstones stating he wasn't the driver nor the keeper during the period mentioned and not to contact him again. He did this within the allotted period Glads gave him and heard nothing since..
The DVLA have definitely been duped in to giving details and possibly Glads could be called in to disrepute but like everyone else as long as this goes away then we'd all be happy.

Perfo · 4 March 2017 at 2:43PM

It hasn't gone away unfortunately and now I have a court appearance in April. The court offered mediation to which I agreed but Gladstones have refused. The court has asked me for all my paperwork that I wan't to use in court. So really I could do with whatever help I can get.
I would rather pay £200 to successfully defend my self than £150 in a fine. I know it sounds illogical but I've just been so incensed by their total unwillingness to be reasonable.
Help!!!

Fruitcake · 4 March 2017 at 3:20PM

Perfo wrote: »

It hasn't gone away unfortunately and now I have a court appearance in April. The court offered mediation to which I agreed but Gladstones have refused. The court has asked me for all my paperwork that I wan't to use in court. So really I could do with whatever help I can get.
I would rather pay £200 to successfully defend my self than £150 in a fine. I know it sounds illogical but I've just been so incensed by their total unwillingness to be reasonable.
Help!!!

Mediation is not advisable, so it's a good job gladrags refused. They want the full amount, you want to pay nowt. There is no mediating that.

It is not a fine.

There is a link by bargepole in the NEWBIES thread to the correct court process you need to follow. It tells you how and when to acknowledge the claim and state you will defend, and NOT to put ANYTHING in the defence text box, not even a full stop.
It also tells you how to answer questions, for example no to mediation, no to a hearing on papers, yes to your local court, when and how to submit witness statements.
Do not fill in any questionnaire from gladrags, only from the court (but send a copy to gladrags). They guide tells you when to do this as well so it is essential reading for anyone defending a parking scam in court.

Coupon-mad · 4 March 2017 at 7:38PM

Perfo wrote: »

It hasn't gone away unfortunately and now I have a court appearance in April. The court offered mediation to which I agreed but Gladstones have refused.

The court has asked me for all my paperwork that I wan't to use in court. So really I could do with whatever help I can get.

This stage is already covered in the NEWBIES thread. Witness statement and evidence (and skeleton argument) stage. Also search the forum for these keywords: 'witness skeleton' to find recent threads at this exact stage and what they wrote and supplied as evidence.

Show us your WS and evidence you intend to rely on. Have you got good photos proving their signs didn't give a phone number, only the P&D ticket (have you still got that too, to prove you paid the tariff as soon as you were able)?

I paid the fee but the machine spat it out.
There was a notice on the screen of the machine that said sorry out of order. (I took a picture of this)
I left a message on the screen of my car giving my contact details and stating the machine was out of order (I have pictures).
I went to the office and about 20 mins later I went back to the car to find a sticker on the screen.
I tried the number they gave on the ticket to ring but couldn't get through.
The machine was now working so I purchased a ticket.

Is the claim in your name - not addressed to the company? What did you put in the defence box or on MCOL, as your actual defence before Christmas? Show us.

Perfo · 5 March 2017 at 3:36PM

OK I'm reading everything I can find so I'll dig out the newbie one...

Claim in my name...
Yes very good pictures of
out of use machine stating out of use ...
Sign post above the machine not including alternative numbers
I still have the ticket..

Off to re read all the witness stuff then before working out a WS

Perfo · 11 March 2017 at 5:41PM

https://1drv.ms/a/s!AkVprrKFce7ag6V0WFfAsMKLLZDaIA

Sorry I'm not sure what the best way of sharing pictures on here is..
Hopefully anyone clicking the above link will be able to see the following
The SIP contractual notice
The Red sticker on the machine
A picture of the machine displaying out of order
A picture of my notice on the screen of my car
A picture of the paid ticket
A picture of the PCN (in two parts)
N180 form (2 pages)
SmallClaimsForm (2 Pages)

Perfo · 11 March 2017 at 6:24PM

Ok on to WS.
I have (as per the other threads) been inundated with my daughters parking tickets. She has now sorted them out but I'm left a bit confused what I've done and whom I've written to.

The bit about not writing a half baked defense may have already happened. as I have received and filled in the n180 can I check somewhere what I've submitted already? In the next post I've included a rationale I sent to the HMMoneyClaim. I informed SIP that I would charge for further correspondence and have put in a counter claim so as part of this court hearing I got sent a thing to fill in on line explaining why I though I deserved a counter claim.

After reading so much stuff that I now feel my fuddled than when I started :-) I can see why these bully boy tactics work. If it wasn't for my belligerent nature I would have given up long ago even though I know I'm in the right... Still fight to the death now.

I'm tending towards the excellent defense as put forwards by BargePole and the out of service machine. Between PCN(NW) LTD and someone

I think a lot if not all the points apply to me in that SIP are a member of IPC. Is the information about the two directors still running the IAS ?

I shall add a version of my defence in another post.. However does it matter if Glads read these posts (as I'm sure they will) .

Advice please on a SIP ticket.

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