Court Claim from SIP

solarific

Hello all, long time reader here, first time poster.

Am hoping the good folk here can offer some advice on how to proceed with a court claim form from a parking charge:

Driver parked in car park 19 April 2018. Regular paying user of this car park using both ticket machines and the app. On the day, driver didn’t have change so left site intending to pay through app within 10 minutes. Driver tried several times to pay through the app unsuccessfully. Attempted to call company, no response after waiting 40 minutes in queue. Driver then had to go about their business in Manchester. Driver has 42 email receipts of paying using the app at this car park dated October 2017 through August 2018. They usually paid as walking away from site and within the 10 minutes allowed.

The keeper is the parent of the driver, who at this time was a student attending lessons in their parents vehicle. Keeper is pensioner who has chronic clinical depression, is on strong medication and will not be capable of attending a hearing. Driver is carer for parents, is unemployed and on universal credit

Ticket was on windscreen when driver returned. Keeper wrote to SIP the same day explaining the situation and offering to pay for a full 12 hours parking. SIP apparently ignored this letter so after 2 weeks keeper sent appeal to SIP detailing above and asked for an appeal code if rejected. SIP did not reply to this letter.  

Notice to keeper received 29 May 2018. Keeper replied to this referring to their 2 previous letters stating they would not communicate further with SIP except for through the appeals process. SIP again did not reply.

Although the keeper states they sent all correspondence through registered post, they do not have barcode receipts as they assumed since there was no contact in over 18 months the matter had been dropped.

Claimant says further letters were sent 25 June, 12 July and 10 August, keeper has no recollection of receiving these letters.

Keeper received court claim form issued 1 April 2020

Keeper has chronic clinical depression, is on strong medication and will not be capable of attending a hearing.


Looking for help on how to proceed with this. Should the keeper admit part of the claim, as they did park on the land and made reasonable steps to pay. The fee for 12 hours parking on this site at this time was £7.95 and the court fee is £25 plus £160 fine and no legal fee. Claimant is Haseeb Anwar, who appears to be the sole owner and MD of SIP Parking Limited. THis is also the signature on the court form.



thanks in advance, 

solarific

**Error above, claim form received 1 June not 1 April.

KeithP

I'll assume the Claim Issue Date is 1st June, rather than received on 1st June. Please confirm.

Please feel free to edit your posts when needed.

With a Claim Issue Date of 1st June, you have until Monday 22nd June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 6th July 2020 to file your Defence.

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

To create and file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Coupon-mad

The keeper is the parent of the driver, who at this time was a student attending lessons in their parents vehicle. Keeper is pensioner who has chronic clinical depression, is on strong medication and will not be capable of attending a hearing. Driver is carer for parents, is unemployed and on universal credit.

Hmmm, what a shame the keeper never named the driver.

Keeper defends the whole claim; it is ALWAYS worth doing this.  Get them to do the AOS first.

beamerguy

The fee for 12 hours parking on this site at this time was £7.95 and the court fee is £25 plus £160 fine and no legal fee. Claimant is Haseeb Anwar, who appears to be the sole owner and MD of SIP Parking Limited. This is also the signature on the court form.

Has SIP brought the claim themselves or, are they using one of the dodgy legals ?

THE £160 ? .... Haseeb Anwar is copying the Rogue Traders by adding a fake £60.
See what happens when the fakers of £60 court to court ....
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

Haseeb Anwar will no doubt suffer the same fate.

Now is a good time to ask him "on what legal authority" he has to add £60.
As he does not have the authority, any reply will be perfect to show a court. Even if he fails to reply to then have a letter to show the court.

Anwar will then have to sign a Witness statement which will be the next problem for him if he declares he has legal authority

For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

D_P_Dance

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 has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.N