SIP Fine - No permit

coolmikey80

Hi Guys,

I have read through the newbie forum (which is an excellent resource) but found myself a little further down the line with communications back and fourth that make my claim a little hard to navigate.

Basically, I was renting a property from a friend in England, utilised her fob to access private parking on site which subsequently was operated by SIP. I noticed this and read the sign (above where I parked my car) which stipulated in order to park in that spot I needed (summarised):

1) A valid ticket on the windscreen
2) An electronic ticket bought from a 3rd party vendor
3) A parking permit

I checked around the car park, for which there were no signs stipulating I needed a parking permit, thus went out to the nearest SIP machine and bought an electronic ticket. When I returned to the car there was a PCN on the windscreen stating that I was parking without a permit. I found the parking attendant who said he spoke limited english, thus I appealed in writing.

The return address I attached to my correspondence I used was for an old address I used to live in in Northern Ireland where a friend is forwarding me the replies. They of course have rejected it saying there is plenty of signage and that me stating I had a ticket does no excuse the fact I needed a permit. I rejected this and said the only correspondence I would accept from them is a POPLA appeal number. They have provided information telling me to speak to the IAS which of course now doesn't work as they count my first letter as my initial rejection thus now I have to pay £15 - (which read not to pay as advised in the Newbies section).

Several questions if anyone can help:
1) Is the basis for my rejection of PCN decent? - I had a valid electronic ticket, there were no signs saying I needed a permit and had access to the car park with a fob
2) They think my address is a different one in Northern Ireland but that is just a correspondence address - if they send further letters here can I ignore them?
3) What's my next step if I shouldn't engage with IAS £15 binding scheme?
4) Should I insist on a POPLA number?

Thanks in advance

Coupon-mad

1) Is the basis for my rejection of PCN decent? - I had a valid electronic ticket, there were no signs saying I needed a permit and had access to the car park with a fob

Sounds perfectly reasonable but as you appear to live (say no more here!!) in NI you are out of jurisdiction anyway and if any letters you are getting say that you are 'LIABLE AS KEEPER UNDER THE POFA 2012' then you should report them in a complaint to the DVLA about misleading an appellant about 'liability' in a law that does not apply in NI.

Or have you admitted who was driving already?! Ooops.

2) They think my address is a different one in Northern Ireland but that is just a correspondence address - if they send further letters here can I ignore them?

Yes. Your address (and they know no different, do they?!) is out of jurisdiction for E&W courts.

3) What's my next step if I shouldn't engage with IAS £15 binding scheme?

Sit tight and wait and see if court papers or a solicitor letter ever arrives - and then if your address for service is in NI you can contest jurisdiction, to quash it.

4) Should I insist on a POPLA number?

You can't have POPLA from a non-BPA firm. Certainly NEVER pay £15 for IAS - nonononono!!

Fruitcake

You have provided a valid service address where you can be contacted so you have met all requirements as far as UK law is concerned. The parking company know this address is out of jurisdiction yet are still trying it on.

You have appealed and it has been rejected, so as C-M says, sit back and see if the parking scammers drop themselves further in the doo-doo at which point you can make complaints as advised.

That's it. Sit back and wait to see what and happens.