LBC from SIP parking and offer to reduce charges

Hrsoftie99

Hi. I received a PCN from SIP in June 17 as valid pay and display ticket not fully visible in windscreen as has slipped down dashboard. I appealed to SIP then IAS unsuccessfully and the got usual series of threatening letters which I ignored, with last letter in September 17 saying had been passed to Gladstones. Not heard then until 1 Feb 19 when sent LBC from SIP not Gladstones. Based on your advice have sent SAR to SIP who have now said they will withdraw proceedings if I pay reduced fine (£100 not £160) in next 30 days.
Does this offer and long delay in doing anything since 2017 and not using solicitors suggest they don’t think they’ll win this at court?
I decided not to pay up on principle as I had paid for my ticket that day and due to genuine human error it wasn’t fully visible. But I dont have lots of time to fight this and not sure what my defence would be as signage was clear, I park there every day and know the rules. Just seems really unfair that I’m being charged £100 when I haven’t really done anything wrong. Would like advice on how likely I am to win or for this to be withdrawn before I start on route of preparing defence etc. Your help would be much appreciated. Thanks in advance

beamerguy

Hrsoftie99 wrote: »

Hi. I received a PCN from SIP in June 17 as valid pay and display ticket not fully visible in windscreen as has slipped down dashboard. I appealed to SIP then IAS unsuccessfully and the got usual series of threatening letters which I ignored, with last letter in September 17 saying had been passed to Gladstones. Not heard then until 1 Feb 19 when sent LBC from SIP not Gladstones. Based on your advice have sent SAR to SIP who have now said they will withdraw proceedings if I pay reduced fine (£100 not £160) in next 30 days.
Does this offer and long delay in doing anything since 2017 and not using solicitors suggest they don’t think they’ll win this at court?
I decided not to pay up on principle as I had paid for my ticket that day and due to genuine human error it wasn’t fully visible. But I dont have lots of time to fight this and not sure what my defence would be as signage was clear, I park there every day and know the rules. Just seems really unfair that I’m being charged £100 when I haven’t really done anything wrong. Would like advice on how likely I am to win or for this to be withdrawn before I start on route of preparing defence etc. Your help would be much appreciated. Thanks in advance

There was never (a fine) for £160 so how can they reduce it to £100 ??? £100 being the max they can charge.
SIP must think you are a mug.

You should offer SIP a drop hands offer for them to consider ...

1: cancel the charge with no monies being paid.
2: if it goes to court, you have proof you paid and you will question what happened to the money paid ..plus you will claim costs against them

The_Deep

It is not a fine, it is an invoice for the damage they allege they suffered when you allegedly breached an alleged contract. The most the Law allows them to charge is £100, the extra £60 is an unlawful scam.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Hrsoftie99

Thanks for advice beamerguy. Will send them letter as worth a shot, but not optimistic they’ll give in. Still not clear if I have a defence to run on this one, as by not displaying correctly I haven’t technically complied with the terms of the car park. Any thoughts welcome from anyone on whether you think i have basis to contest. Thanks

beamerguy

Hrsoftie99 wrote: »

Thanks for advice beamerguy. Will send them letter as worth a shot, but not optimistic they’ll give in. Still not clear if I have a defence to run on this one, as by not displaying correctly I haven’t technically complied with the terms of the car park. Any thoughts welcome from anyone on whether you think i have basis to contest. Thanks

But you paid for ticket which you can prove. Just because it slipped of the dashboard is trivial, could even happen to a judge

Let me more explicit ...... what happened to the money you paid, SIP have not taken this into account. Is this a further scam operated by SIP

Plus by offering you a discount from £160 to £100, they are saying that £160 is the price of the ticket where their signs will say the charge is £100

Fight_the_good_fight

You have an excellent chance of defending this matter.SIP are already on the Backfoot and know they are on a sticky wicket or they would not be offering a reduce fee.
You need to read the newbies thread several times and you will soon realise you have several defendable points and what you need to do.

beamerguy

Fight_the_good_fight wrote: »

You have an excellent chance of defending this matter.SIP are already on the Backfoot and know they are on a sticky wicket or they would not be offering a reduce fee.
You need to read the newbies thread several times and you will soon realise you have several defendable points and what you need to do.

They are offering a reduced amount of £60 which takes out their scam charge. The ticket is £100 so based on their "generosity" ? the discounted amount should be £40

SIP have laid themselves wide open to a whooping in court

The_Deep

IMO, such behaviour is unreasonable

https://keoghs.co.uk/keoghs-insight/aware/costs-orders-for-unreasonable-behaviour-in-small-claims

Hrsoftie99

Thanks all. Will send letter and start preparing defence then!

Fight_the_good_fight

Prior to posting, put up a redacted draft of your letter and subsequent defence for critique.

Hrsoftie99

Hi. Thanks for all your advice so far. I've drafted a 'drop hands' letter to go to SIP (slight delay due to holiday) copied below for critique as suggested by Fight the Good Fight. Any advice welcome, as am not used to writing such letters! Thanks in advance

'I am writing in response to your letter dated 15th February in which you responded to my SAR request.
I note that in the letter you indicated that you are willing to reduce the charges which you believe I owe you from £160 to £100 for a 30 day period, and suggest that if I do not pay this charge then I may be issued with County Court Proceedings. However, I understand that the most you are able to charge me is £100 by law, so a £60 discount should reduce the charge to £40. I am therefore not going to accept this offer.
I am instead writing to request that you reconsider this and cancel the charge in full. If this matter does go to Court, I believe I have a strong case, as I can clearly demonstrate that I did pay for my parking ticket in full on the 14th June 2017. In addition, I can confirm that if I do successfully defend any case made against me, which I believe I will, I will be seeking to claim costs against you. I will also be seeking to understand what happened to the money which I actually paid to you on that date.
I believe therefore that it is in your interest to agree to cancel the charge in full and in return, I will agree not to pursue any action against you to retrieve my costs.
I look forward to hearing from you