County Court Claim Form received : Claimant is SIP

SpaceCowboy55

SpaceCowboy55 wrote: »

Done - and sent off - thank you

- this relates to post #71 by Coupon :

SIP Replied

"We acknowledge receipt of your letter ...

As stated in previous replies , we are unable to address any additional queries you may have via the appeals procedure. If you wish to voice any concerns please do so in your defence and we will respond in due course."

I will do the N180 tonight and send the other letters to SIP and the court suggested by Daisy.

SpaceCowboy55

Is there a view as to whether Manchester or Stockport for Court venue?

Coupon-mad

SpaceCowboy55 wrote: »

Is there a view as to whether Manchester or Stockport for Court venue?

Ooooooooh...Stockport!

EXCEL PARKING SERVICES LTD V MARTIN CUTTS,
STOCKPORT COUNTY COURT, 15TH SEPTEMBER 2011.

http://www.penaltychargenotice.co.uk/private-land-enforcement/court-cases/court-cases-for-private-parking-tickets/

http://www.manchestereveningnews.co.uk/news/greater-manchester-news/motorist-wins-18-month-ticket-battle-870812

Wonder if District Judge Lateef is still there. She didn't seem impressed with Excel & Simon Renshaw-Smith!

:T

SpaceCowboy55

Coupon-mad wrote: »

Ooooooooh...Stockport!

EXCEL PARKING SERVICES LTD V MARTIN CUTTS,
STOCKPORT COUNTY COURT, 15TH SEPTEMBER 2011.

http://www.penaltychargenotice.co.uk/private-land-enforcement/court-cases/court-cases-for-private-parking-tickets/

http://www.manchestereveningnews.co.uk/news/greater-manchester-news/motorist-wins-18-month-ticket-battle-870812

Wonder if District Judge Lateef is still there. She didn't seem impressed with Excel & Simon Renshaw-Smith!

:T

Are there any examples of what has happened in Manchester? ( I live in Manchester but am slightly closer to Stockport )

zzzLazyDaisy

I would go for Stockport too. Absolutely no reason relating to parking tickets, but simply because Manchester is one of the corporate law centres in England. From being in practice in Manchester (admittedly some years ago now) my recollection is that the Manchester County Court is (or certainly was) much bigger and busier than Stockport, and by far the majority of cases involve solicitor representation on both sides. This may mean that the DJs are likely to have less time and patience for an unrepresented defendant, which is not a good place to start off. Stockport on the other hand was always much easier going (comparatively speaking) though that may also have changed since then.

If you live close to both and have time, why not pay a visit to both courts and have a look round.

As a by the by, courts hearings are all open to the public (apart from a very few exceptions). In my view, anyone faced with a court hearing should consider going along and speaking to the clerk - explain that you have a SCC coming up and ask if s/he can find you an appropriate case to sit in on. It just means that at least when you turn up for your own hearing you have a feel for what goes on.

SpaceCowboy55

Letter to Court for review please ( to go with N180 ) ( which will also go to SIP ) : I have added some info ( in italics ) to the info provided by Daisy and would welcome Daisy's view whether to include or remove

[FONT=&quot]Dear Sir or Madam,

[/FONT]Will the court make an order referring this dispute to the Parking on Private Land Appeals service (this being the suitable form of ADR set up by the parking industry for such disputes).

Had the claimant followed the Practice Direction on pre-action conduct, as it is obliged to do, the question of mediation should have been resolved before court action was started.

I request the court to Stay the action pending the outcome of the POPLA referral.

I have included a copy of the letter I have sent to the claimant, inviting it to agree to mediation by POPLA and also copied this letter to the claimant.

[FONT=&quot]The claimant had previously supplied a POPLA code which unfortunately timed out owing to the confusion created by overlapping correspondence and the manner in which it was issued ( combined with a SIP appeal form ).[/FONT]

[FONT=&quot]It is submitted that the claimant is obliged to engage in the POPLA service as a condition of its membership of the trade body The British Parking Association Ltd. [/FONT]
[FONT=&quot]It has come to the defendant's attention that other courts are making such orders as to save the court system time and cost. Please see enclosed a recent order made in the Croydon County Court. [/FONT]( I have a .jpg of this )


[FONT=&quot]Please be advised that I will be unable to attend court between the dates of xxx and xxx December inclusive and respectfully request that nothing be scheduled during the period.[/FONT]


[FONT=&quot]Yours Faithfully[/FONT]

SpaceCowboy55

Here is the proposed letter to SIP ( which will also go to the court )

[FONT=&quot]Dear Sirs,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I enclose copy of my letter to the court refer this dispute to the Parking on Private Land Appeals service request you to consent to this request and provide a POPLA code.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Had the Practice Direction on pre-action conduct been followed, the question of mediation should have been resolved before court action was started.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]You have previously supplied a POPLA code which unfortunately timed out owing to the confusion created by the overlapping correspondence and the manner in which it was issued ( combined with a SIP appeal form ).[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Furthermore you have only acknowledged my previous 2 letters ( dated 20th October and 23rd October ) and not responded to them where I have requested information that is required for my defence which I will re-state below for clarity: [/FONT]
[FONT=&quot] [/FONT]

· [FONT=&quot]Name and address of the party contracting with Claimant for the provision of car park [/FONT]
[FONT=&quot] management services[/FONT]

· [FONT=&quot]Name and address of landowner if different from above[/FONT]

· [FONT=&quot]Copy of the contract the claimant has with the landowner entitling them to bring these [/FONT]
[FONT=&quot] proceedings[/FONT]

· [FONT=&quot]Copy of the contract between yourself and the Landowner showing your responsibilities [/FONT]
[FONT=&quot] in monitoring the car park on their behalf, and your right to pursue any matter to legal [/FONT]
[FONT=&quot] proceedings if no payment is forthcoming.[/FONT]
[FONT=&quot] [/FONT]
· [FONT=&quot] Copy of any contract that you allege exists between yourself or landowner client and [/FONT]
[FONT=&quot] myself; such contract to be shown to have been properly offered and then accepted by [/FONT]
[FONT=&quot] myself or any other driver who may have been involved in this matter.[/FONT]
[FONT=&quot] [/FONT]
· [FONT=&quot]A breakdown of the charges and how calculated, showing how any loss by the Claimant [/FONT]
[FONT=&quot] has been incurred to justify the amount claimed[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]

Coupon-mad

Looks fine to me, especially as you have the Croydon jpg link. :T

SpaceCowboy55

SpaceCowboy55 wrote: »

Here is the proposed letter to SIP ( which will also go to the court )

[FONT=&quot]Dear Sirs,[/FONT]

[FONT=&quot]I enclose copy of my letter to the court refer this dispute to the Parking on Private Land Appeals service request you to consent to this request and provide a POPLA code.[/FONT]

[FONT=&quot]Had the Practice Direction on pre-action conduct been followed, the question of mediation should have been resolved before court action was started.[/FONT]

[FONT=&quot]You have previously supplied a POPLA code which unfortunately timed out owing to the confusion created by the overlapping correspondence and the manner in which it was issued ( combined with a SIP appeal form ).[/FONT]

[FONT=&quot]Furthermore you have only acknowledged my previous 2 letters ( dated 20th October and 23rd October ) and not responded to them where I have requested information that is required for my defence which I will re-state below for clarity: [/FONT]


· [FONT=&quot]Name and address of the party contracting with Claimant for the provision of car park [/FONT]
[FONT=&quot] management services[/FONT]

· [FONT=&quot]Name and address of landowner if different from above[/FONT]

· [FONT=&quot]Copy of the contract the claimant has with the landowner entitling them to bring these [/FONT]
[FONT=&quot] proceedings[/FONT]

· [FONT=&quot]Copy of the contract between yourself and the Landowner showing your responsibilities [/FONT]
[FONT=&quot] in monitoring the car park on their behalf, and your right to pursue any matter to legal [/FONT]
[FONT=&quot] proceedings if no payment is forthcoming.[/FONT]

· [FONT=&quot] Copy of any contract that you allege exists between yourself or landowner client and [/FONT]
[FONT=&quot] myself; such contract to be shown to have been properly offered and then accepted by [/FONT]
[FONT=&quot] myself or any other driver who may have been involved in this matter.[/FONT]

· [FONT=&quot]A breakdown of the charges and how calculated, showing how any loss by the Claimant [/FONT]
[FONT=&quot] has been incurred to justify the amount claimed[/FONT]

Does this count as a Disclosure Order? or is there a specific form ?
I have sent N180 off with copy to SIP and both letters sent to SIP and the court.

Nothing back from BPA yet despite a chaser email ... ( which got me an out of office from Steve Clark , but I'd already copied to David Metcalf.

Coupon-mad

Not sure. Ask your local court clerk about disclosure orders?