Desperately looking for some advice

Kimmyl

Ok so I’ve decided I’m going to fight this and not give in like they want me to, I believe the charge is totally unfair. I have read the newbies threads but I just want to check… am I right to just ignore them now until court? Someone told me I should stay in contact and not bury my head in the sand or it weakens my defence? Does the fact that I lost at appeal stage with IAS weaken my defence?

honestly, thank you for the people who have helped me so far.. it means a lot, I wouldn’t have the courage to continue fighting without this forum

Umkomaas

Kimmyl said:

Ok so I’ve decided I’m going to fight this and not give in like they want me to, I believe the charge is totally unfair. I have read the newbies threads but I just want to check… am I right to just ignore them now until court? Someone told me I should stay in contact and not bury my head in the sand or it weakens my defence? Does the fact that I lost at appeal stage with IAS weaken my defence?

honestly, thank you for the people who have helped me so far.. it means a lot, I wouldn’t have the courage to continue fighting without this forum

There's nothing much else to do than await a formal Letter of Claim from the PPC (or more likely their solicitors) and/or a MCOL claim via the Northampton CCBC. Come back on this thread if you get either. 

You may get some debt collector letters, but, genuinely, they cannot do anything other than send letters, which can all be filed, but ignored. 

As far as your IAS rejection, I can't believe for one minute that it will go against you in a court case, the fact that they openly state that only 4% of appeals are successful, and if you add the rejection letter as part of your evidence pack for the Judge to view, the likely reasons for rejection will no doubt highlight the biased nature of their operation, and speak for themselves. 

Trainerman

Losing that appeal is expected, they are not an independent arbiter, in reality. So, prepare for some nasty debt collector letters, trying to literally frighten you into paying. These debt collectors are powerless and can be ignored. Do though look out for a genuine Letter of Claim/Letter before Claim. 

Do not ignore one of those, but come back here, update your thread and the regulars will be ready to help.

Coupon-mad

Hopefully the Managing Agents you contacted will cancel this because it could be described as discrimination against a new Mum and baby.  There is no duty to make 'reasonable adjustments' for people who are not actually disabled (12 month continuing or repeating condition affecting daily life) but a traumatic birth and Caesarean - and shopping with a newborn - is certainly a good reason to need longer at a retail park,

Kimmyl

Not heard anything back from managing agents as of yet so will chase that up from today.

My local MP contacted SIP on my behalf but has come back to say they have reviewed the case and the charge still stands so there is no more she can do. Very disheartening, it’s making me wonder whether I will win this case in court.

This was SIP’s response:
Good afternoon,

Thank you for your email.

Unfortunately due to data protection we are unable to go into details regarding aspects of the charge. We can confirm that the charge has been reviewed by our appeals team and also the independent appeals service.

We have a commercial responsibility to ensure the rules of parking are adhered too, the flow of traffic maximises the foot fall for the local retail units.

As (name) had overstayed the allotted time frame and did not inform us of any medical conditions prior to parking the charge has been issued correctly.

Kind regards

Michael

SiP Car Parks

Trainerman

Yes well they would say that. You might get debt collector stuff now, but it really is rubbish.

As I said earlier, check for Letter of Claim and come back if you get one. Loads of people here willing to help

KeithP

As (name) had overstayed the allotted time frame and did not inform us of any medical conditions prior to parking the charge has been issued correctly.

They appear to be saying that a driver should notify the parking company of any medical conditions before parking.

 Before parking?? Crazy!!

Coupon-mad

Ask the MP to complain to the landowner that their agent has discriminated against a mum and baby who needed more time after a Caesarean.

Kimmyl

I have followed the advice of contacting my mp again as I’m struggling to contact the landowner, still awaiting a response.

My husband advised me to add the £100 on to my DMP as I suffer from anxiety and I’m loosing sleep, I really don’t want a CCJ. I spoke to Stepchange who told me what details they need from SIP to add it onto my plan so I emailed SIP on 1st March to ask for those details (I currently pay £15 a month so it would go onto that) but they have ignored my email and sent a legal action letter increasing the charge to £160!!!! Feel so stuck with this.

Are they allowed to just keep increasing? If it goes to court and I lose what amount would I pay?! It just doesn’t seem fair and I still believe this charge was given wrongly under the equality act 2010

Le_Kirk

On 24th February you posted that you were going to fight this but now you seem to setting yourself up to add an extra amount of money to a DMP (presume that is a debt management plan?) Why?  If you have read the NEWBIE sticky you will know that the only way you can get a CCJ is if you go to court, lose and fail to pay within the deadline set by the judge.  The Government has introduced a new code of practice (7th February 2022) which prevents PPCs from trying to add "debt management" or "admin" fees to parking charges.  Whilst it is not quite law, it is a persuasive argument in court.  Read this thread - 7 February at 7:42AM 
At the moment the maximum (if you lose) is the original charge plus filing fee, hearing fee and, in some circumstances, legal costs.