Sip Car Parks County Court Claim for 4 PCN

nosferatu1001

What purpose will the letter serve, and who are you intending to send it to?

Why not SAR them? It can only help you

GetSomeAdvice

Hi Nosferatu1001
Thanks for the response.
The cover letter is just to clarify my position.
The PPC sent their copy of the directions questionnaire with a letter to them from the court stating !!!8220;Notice of Defence that Amount Claimed Has Been Paid!!!8221; at the top.
Just to clarify that I have not paid the PCNs but only the parking sessions on 3 of the 4 occasions.
Also I will draft an SAR and send it to the PPC.

Coupon-mad

You do not need help with a 2 line letter clarifying a position.

GetSomeAdvice

Thanks Coupon-mad.
Do I also need to attach a copy of the clarification with the DQ copy I send to the PPC?

nosferatu1001

Given you always sned to both parties in the claim, yes.

So what youre clarifying is that their response is misleading?

It woudl have helped if you had a) told us the claimant hd sent that letter and b) maybe just tell us the contents of it?

Coupon-mad

Obviously, yes.

GetSomeAdvice

Hi All,

I might have misunderstood what the court sends to the Claimant if the whole amount is defended.

Does it send a form similar to the one attached in the picture attached stating that "Notice of Defence that Amount Claimed Has Been Paid"?

If so, I think that the cover letter might not be needed, and I just need to send the Directions questionnaire?

https://ibb.co/ny3hdK

GetSomeAdvice

Hi All,

SIP have never sent me any evidence. I am thinking of drafting a letter requesting for this evidence.
I know that this is no at County Court stage but will this letter suffice.

Is it worth sending or should I wait until they are ordered to provide this by the Court?


[FONT=&quot]Dear Sirs,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I am requesting that you properly particularise your claim and comply with the Practice Direction (part of the CPR) in relation to the PCNs issued to the Registered Keeper of Vehicle registration XXXXX.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The Practice Direction - Pre-Action Conduct and Protocols obliges parties to provide core information and documents to each other in the pre-action phase of any claim, so that each party fully understands the other's position and their case.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]You are referred to your “Letter before Action”, dated XX XX XX, in which you have stated that “A legal pack with information that you will rely on will soon follow”. [/FONT]
[FONT=&quot]I have not received such documentation and SIP Parking Ltd is yet to provide me with sufficient explanation of the claim and the core documents upon which it will rely.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]These should include;-[/FONT]
[FONT=&quot]a) - [/FONT][FONT=&quot]Photographs of the car parked at the relevant time and showing its location.[/FONT]
[FONT=&quot]b) - [/FONT][FONT=&quot]The location and wording of all and any signage on the relevant date.[/FONT]
[FONT=&quot]c) - [/FONT][FONT=&quot]A plan showing where the signage was displayed.[/FONT]
[FONT=&quot]d) - [/FONT][FONT=&quot]The contract between you and the landowner granting it rights to manage the parking on the relevant land and issue PCNs.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please send me the documents by return – SIP Parking must have them, and must be intending to rely on them to prove its claim. The whole point of the Practice Direction is to avoid trial by ambush and to encourage the parties to put their cards on the table.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]SIP Parking Limited's conduct will be brought to the court's attention on costs - may I remind you that even a successful Claimant can be made to pay the Defendant's costs if they have not complied with the Practice Direction.[/FONT]

Coupon-mad

It's too late for that, but you can send a SAR (search the forum, save our fingers).

GetSomeAdvice

Happy New Year everyone.
I am preparing for my court hearing early February and working on my witness statement at the moment.
The Skeleton argument is to follow.

I am wondering whether you could read through and advise if it make sense.

In the matter of
THE CLAIMANT (Claimant)
V
DEFENDANT (Defendant)


I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

1. It is admitted that the Defendant was the authorised registered keeper of the vehicle, registration number XXXX at the time of alleged incident.

2. The Claimant offered the use of the “PaybyPhone” application to purchase parking sessions for their car park located along XXXX.

3. In the period leading to the incidents, over 30 Parking Sessions had been purchased for the use of parking spaces through the “PaybyPhone” app that was offered as a means of payment in 2017.

4. Between the xx/xx/2017 and xx/xx/2017, the “PaybyPhone” application kept crashing and or would not register the payment. As such, with a lot of frustration, it seemed impossible to purchase parking sessions at the time.

5. On three of the four Occasions, with perseverance and later during the same day of xx/xx/2017, xx/xx/2017 and xx/xx/2017, payment for parking sessions was made when the application was up and running.

6. The 30 sessions purchased prior to the incidents would certify that I am of good character and was in no way trying to park without making a payment and failure of “PaybyPhone” app provided by the Claimant caused the issue.

7. On contact from the Claimant, demanding payment, I made them aware of these issues in a letter dated the xx/xx/2017 and provided them with copies of the proof of payments alongside an offer of a further payment equivalent to four, Twenty-Four Hour sessions of parking.

8. I have also provided a history of the application update from the application vendor that showed the fixes and patches to the “PaybyPhone” application.

9. It is also important to point out the fact that the “PaybyPhone” means of payment is no longer offered by the Claimant at their xxxxx Car Park. They have now updated the signage on site, removing the “PaybyPhone” sign and cancelling the sites availability on “PaybyPhone”.


10. During the whole process SIP Parking has chosen to stifle any engagement and communication and I quote the claimant in a letter dated the xx/xx/2017 “Please be aware that no further direct correspondence is required or will be entered into regarding this PCN”.

11. The Claimant has also continued to send correspondence to the wrong address as a way of frustrating the process after the xx/xx/2017. The right address was given to them in a letter dated the xx/xx/2017 but on receiving documents through a GDPR request, it confirms that they continued to send correspondence to the wrong address.

12. Having not received any direct correspondence from the Claimant since the xx/xx/2017, it was surprising to receive a poorly drafted “Letter Before Claim”, dated xx/xx/2018, with missing particulars.
I quote the Claimant stating that “A pack with evidence that will be relied on was to follow the letter”. This never materialised and neither did the letter include ANEX 1 as required in the Pre-Action Protocol for Debt Claims.

13. It is apparent from court records reported in the public domain that this Claimant has been obtaining payments from keepers under false pretences - using the court as a cheap form of debt collection from the wrong 'registered keeper' parties - and has obtained default CCJs in the hundreds, despite never complying with the POFA 2012 and even bringing pre-POFA cases to the Courts, as here.

14. The claimant is yet to properly address the missing particulars as stated in the “Letter Before Claim” dated xx/xx/2018 within which I expected them to address what claim they have on the private land such as any documentation and relevant contracts with the land owners that allow the claimant to issue claims upon the landowner’s behalf.


I believe that the facts stated in this Witness Statement are true.