[Success] Claim Form Received - SIP Parking

nottinghamdriver44

Hello
I received a claim form from SIP Parking Limited dated 28/01/20/. I acknowledged service today.
Particulars of claim are as follows:

The registered keeper of vehicle registration **** *** incurred the parking charge ('charge?) on the Relevant Land at ******** ***** for not purchasing a parking session. The charger was incurred as the terms of the contract (the 'sign?) were breached and it is stated on the contract that should there be a breach, a parking charge will be incurred to the sum of £100.00, subject to discount for prompt payment. The parking charge was issued on 09/10/17 with a parking charge notice being affixed to the windscreen of the vehicle, under the notice reference of ********. The Notice to Keeper dated ******  was served upon the Defendant at their last registered address, which was followed by three further notices dated *****, ****** and ****** along with a Letter Before Claim. The amount claimed is broken down to £100.00 as per the contract and £60.00 in damages for the terms of the contract being breached.

Ticket was issued 09/10/17. They claim Notice to Keeper was served in late Nov 17, then further notices in Dec 17 and two in Jan 18. 

I no longer own the vehicle (sold it mid 2018). The car park in question is a small underground car park with a pay and display machine that also supports PayByPhone, which I often use. I have no memory of the date in question or if I was indeed the driver so cannot be sure whether a session was or was not purchased. Please advise what the best defence is.

nottinghamdriver44

Actually I've just checked my PayByPhone app and it would appear I DID purchase a parking session but it selected the wrong registration! Result! Does that help?

D_P_Dance

 The amount claimed is broken down to £100.00 as per the contract and £60.00 in damages for the terms of the contract being breached.

Totally unlawful, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

and repiort them to the SRA

https://www.sra.org.uk/

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

nottinghamdriver44

Ok, so my defence should focus on the unlawful £60 charge they've added rather than anything else?

Redx

No , because all that does is reduce it back to the core term as to why a PCN was issued , the added £60 wasn't present for the initial PCN

All a claimant has to do is drop that part of their claim and focus on the remainder
Ie, it's not a defence point pertaining to the original claim

KeithP

nottinghamdriver44 said:

I received a claim form from SIP Parking Limited dated 28/01/20/. I acknowledged service today.

With a Claim Issue Date of 28th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 2nd March 2020 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

When you are happy with the content, your Defence could be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Le_Kirk

Your defence should focus on the fact  that you paid and you can prove it.  You will need to use de minimis non curat lex (the law does not concern itself with trifles such as selecting the wrong VRM from a drop down box).  Look at the 16 pre-written defences in the NEWBIE sticky second post and scroll down until you see: -

Here are some cases won or in progress:
Here is a defence I suggested for a case where a RingGo app carried forward a default VRM for the wrong car, so that the driver was not at fault and the inaccuracy came from the PPC's app:
https://forums.moneysavingexpert.com/discussion/comment/74836178#Comment_74836178

I say 16 because unfortunately the first one (the one you want) has a broken link, but there are others.  Select one and add your own particular circumstances to it.  You can at least if you read all the linked defences) see the style and format of how a defence should be written.

nottinghamdriver44

Just to update on this, I filed the defence based on that I did pay. They sent more letters afterwards that they intended to continue proceedings. Then suddenly two weeks before the court day they filed a notice of discontinuance, cancelling the claim. Result!

Redx

Well done against SIP Parking 

Another one bites the dust !!

D_P_Dance

They have wasted your time, now consider wasting some of theirs, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/.

Coupon-mad

nottinghamdriver44 said:

Just to update on this, I filed the defence based on that I did pay. They sent more letters afterwards that they intended to continue proceedings. Then suddenly two weeks before the court day they filed a notice of discontinuance, cancelling the claim. Result!

Great news, and thanks for updating!