SIP Parking Manchester - Lease Car

Cayman6 · 7 April 2022 at 2:39PM

Fruitcake said:

If you wait 21 days you will be out of time to appeal.
There is no advantage in waiting as far as I am aware. Just send the appropriate edna basher letter and await a reply. Do not volunteer any information.

Sorry to clarify i meant 21 days from 23rd March 2020 when the lease company sent SIP my details but no documents as per POFA rules. Making the appeal date 12/13 March to not give them the chance to get the required documents and send them to me.

Fruitcake · 7 April 2022 at 3:55PM

As hirer you could not have known about the alleged charge until you received the NTH, which was dated 31/03/22.

Your appeal deadline is 21 days from that issue date, in other words the 20th of April, but as I said before, there is no advantage in waiting.

Make the amendments to the edna basher letter. Show it here for checking if you wish, then fire it off to the PPC.

Cayman6 · 8 April 2022 at 8:29AM

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by SIP Parking Ltd ('SIP”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why SIP’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that SIP has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (IAS) their contact details and a unique appeal reference so that I may escalate the matter.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the IPC Code of Practice.

Yours faithfully,

[Insert squiggle as signature]

Just not sure about what they actually belong to they are members of IPC and BPA, should i revert to original template with POPLA ?

Cayman6 · 8 April 2022 at 8:32AM

They just state on letter if first appeal fails i will be provided with the details of the Independent Adjudicator without actually naming them.

Umkomaas · 8 April 2022 at 9:25AM

Just not sure about what they actually belong to they are members of IPC and BPA, should i revert to original template with POPLA ?

They can belong to both, but the one you need to be focused on is the ATA logo contained in a circle, not the one in a rectangle! It's all in the NEWBIES FAQ Announcement for you to check for yourself.

Fruitcake · 8 April 2022 at 9:42AM

I did say the other day that amongst the nine amendments you need to make to that letter, you would need to change the name of the trade association and the name of the appeals service.

Cayman6 · 12 April 2022 at 12:14PM

Hi , been away in this Easter break and tried to go through SIP appeal process today and got this response. As I've said the first letter i received was the letter dated 31st March received 4th April so what next ? Are these people for real ? Lease company has advised them that no initial letter had been received.
Regards

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Coupon-mad · 12 April 2022 at 12:23PM

Send it by post, attaching a copy of the NTH they sent in your name. Get free proof of posting (NOT SIGNED-FOR) from the PO counter and keep it safe.

Fruitcake · 12 April 2022 at 1:56PM

As above, but add that the NTH was issued on the 31/03/22, therefore the hirer is within the 21 days appeal period, and to suggest they could have appealed before receiving the notice is void for impossibility.

Complain to the IPC about the hirer being denied the right to appeal.

Do complain about all this to your MP.

Cayman6 · 27 April 2022 at 2:13PM

Hi
This is SIP's response. Payment overdue letter dated 21/3/2022 over 5 weeks after alleged offence. Lease company's letter NAMING me as the driver (though i wasn't and am not legally able to drive the vehicle). SIP's letter explaining they are not relying on POFA as i have been NAMED as the driver. Thoughts please.