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LBC - Help with a reply to their reply please...
Cat_Dave
Posts: 2 Newbie
SIP issued a Letter Before Claim:
On request, they have now provided timed photo evidence of a ticket placed on the windscreen (in the wind&rain, tucked under the metal of the wiper rather than the rubber blade: driver believes it blew away before returning), pics of signage and map of signs... however, to the request for:
“A copy of the contract with the landowner under which they assert authority to bring the claim”
Their response:
‘A copy of the contract between the landowner and SiP will not be provided as it is irrelevant, the only contract that is relevant to the case is the contract between the Driver and SiP Parking ltd’
My question to you all as I can’t find anything relevant searching the forum:
- Surely the contract is relevant, showing they have right to ‘charge’ me in the first place?
- They have stated the contract is with the Driver in that sentence, yet in their letter to the keeper they state ‘You are being pursued as Registered Keeper’
What should I do next (apart from paying £170) to prevent this being taken to court?
Many thanks....
On request, they have now provided timed photo evidence of a ticket placed on the windscreen (in the wind&rain, tucked under the metal of the wiper rather than the rubber blade: driver believes it blew away before returning), pics of signage and map of signs... however, to the request for:
“A copy of the contract with the landowner under which they assert authority to bring the claim”
Their response:
‘A copy of the contract between the landowner and SiP will not be provided as it is irrelevant, the only contract that is relevant to the case is the contract between the Driver and SiP Parking ltd’
My question to you all as I can’t find anything relevant searching the forum:
- Surely the contract is relevant, showing they have right to ‘charge’ me in the first place?
- They have stated the contract is with the Driver in that sentence, yet in their letter to the keeper they state ‘You are being pursued as Registered Keeper’
What should I do next (apart from paying £170) to prevent this being taken to court?
Many thanks....
0
Comments
-
Hi and welcome.
Yes of course the contract between SIP and the landholder is important, but you won't get to see that before court.
You do however need to state in your Defence that the Claimant needs to prove that they have authority to operate in that car park.
They are right that any contract to park was formed between SIP and the driver.
If they are now pursuing the keeper, that is either because they believe the keeper was the driver, or they believe they have followed POFA2012 sufficiently to be able to transfer the driver's liabilities to the keeper.
You now need to be reading post #2 of the NEWBIES FAQ sticky thread to discover how to deal with a County Court Claim Form if/when it drops through your letter-box.0 -
You can expect to defend it and win, as 99% of people here do (and have done for more than 2 years - a decent record spanning many hundreds of cases now).
Stick around read lots of Gladstones SIP claim threads (in bold are your search words).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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