some help pcn challenge

Coupon-mad

OK so you need to check the NTK word for word against paragraph 8 of the Schedule. I don't think they 'identified the creditor' (there may also be more omissions as I didn't go thru it with a fine tooth comb!). And there is also an issue with exactly which name 'SIP' represents, as they use those initials to mean two or more different things on the website and on the tickets, some with 'Ltd.' and some not. This makes the legal entity unclear and the contract could be argued unenforceable on that basis. This was discussed at length last year in the 3 or 4 cases where SIP tried a small claim and people wrote defences, and SIP dropped the cases.

However, they do sometimes pay for a hearing - if so the first rule as a defendant (apart from having a solid defence!) is to turn up! As stated in post #5 of the Newbies thread. I know they had a hearing set for last week but I would guess they only go that far if the person has sent a rubbish defence in.

You need to search this forum for 'SIP' or 'Simple Intelligent' (obvs don't put the word 'parking' in your search terms!) to find those threads from 2013 to see what was discussed then.

eddy1

Will do coupon mad
Many thanks
Eddy

eddy1

Hi
it states in POFA 8 (7) that when the notice is given it must be


accompanied by any evidence prescribed under paragraph 10.




can I ask what evidence this relates to, photographs, etc.
if NTK's do not include this are they not POFA compliant then?


apologies if this is an obvious question
eddy

Coupon-mad

It's not obvious, good question but it gets you nowhere. It just means that if in the future any new laws or amendments to the statute come in, such as to set rules about signs, then that evidence as prescribed must be in the Notice. But there is no such thing yet.

eddy1

Hi


just wondering what is the best way to get evidence that ppc does not have contract with landowner to impose parking charges, seen it in quite a few appeals on the newbies threads, and just wondering that if you just state it without evidence, will this argument be accepted


eddy

Umkomaas

If it is raised in a POPLA appeal it is for the PPC to produce it in their evidence pack, which should also be copied to the appellant, so you get to see it then (or maybe not!).

In the alternative, you could contact the landowner and ask if you could have a copy; unlikely, but if you don't ask......... Good luck with that one!

eddy1

hi umkomaas


it would be for potential small claims, which I am expecting and it is an IPC ppc anyway


does the evidence that they are supposed to pass on include this contract


eddy

Umkomaas

Sorry, assumed it was a BPA PPC. I'm not aware of evidence packs flowing from the PPC to IAS (and to the appellant), rather quite the opposite where the evidence is needed from the appellant to 'prove their case'.

So it's a case of asking the landowner and/or the PPC for a copy of any contract, which will be a difficult job!

I've not gone through the 4 pages this thread has extended to, but have you already lost your IAS appeal and had court papers issued to you?

eddy1

hi


yes lost ias appeal, gave story (before this forum was found)
but no court papers as yet, so waiting to see next move really
they are monitoring threads (have been informed by trad standards) which is not new
have reviewed all threads re this ppc (SIP)
so will post questions when time comes as issue with ntk and driver identification,
eddy

eddy1

Hi All


please see link to signage to which this PCN was issued
this was back in June, and only just got this pic, so may have changed, however any comments would be appreciated
eddy


http://s1049.photobucket.com/user/jcardo1/media/image_zpsd1af91aa.jpeg.html?sort=3&o=0