Received a Letter Before Claim from SIP as claimant and solicitor

Le_Kirk

When  you submitted the original SAR did you attach a scan/copy of the V5C as proof of who you are?  If so, do as @Coupon-mad advises and complain to the ICO.

ScammingIndustry

So finally I have received SAR from SIP after chasing it up. 

SAR shows exactly the opposite they have told me in terms of charging me incorrectly for using Paybyphone. SAR shows I have never used PaybyPhone. I have always paid using the machine on site and they have charged me and other customers more than displayed price violating trading standards code. 

Since my reply to them denying the charges, they have gone on to write a letter back to me saying all the signs are independently checked and signs do show correct prices. 

However, it has come to my attention after my complaint they have gone on to change the prices on the machine which shows I was infact right and they were trying to feed me lies in their reply letter

ScammingIndustry

Le_Kirk said:

When  you submitted the original SAR did you attach a scan/copy of the V5C as proof of who you are?  If so, do as @Coupon-mad advises and complain to the ICO.

No I did not attach it. They just asked me for my number plate on the same day as my initial email. which I gave to them on the same day They did not ask any other information. 

Coupon-mad

ScammingIndustry said:

So finally I have received SAR from SIP after chasing it up. 

SAR shows exactly the opposite they have told me in terms of charging me incorrectly for using Paybyphone. SAR shows I have never used PaybyPhone. I have always paid using the machine on site and they have charged me and other customers more than displayed price violating trading standards code. 

Since my reply to them denying the charges, they have gone on to write a letter back to me saying all the signs are independently checked and signs do show correct prices. 

However, it has come to my attention after my complaint they have gone on to change the prices on the machine which shows I was infact right and they were trying to feed me lies in their reply letter

Have you got sufficient evidence to show Trading Standards what they've been doing?

ScammingIndustry

Yes I have all the photos and tickets previously bought to show they have been charging incorrectly. I have the letter from them to show that they have been lying on the letter too but since gone on to change the price on the machine

ScammingIndustry

I have now received a claim form with the issue date of 23rd Jan 2023. Acknowledgment of Service will be done tomorrow so it's within 14 days. 

My next step would be send a defence as per the FAQ sticky post.

My only question I have is the template is for false admin cost however this is not the case for my defence so what template should I use?

KeithP

ScammingIndustry said:

I have now received a claim form with the issue date of 23rd Jan 2023. Acknowledgment of Service will be done tomorrow so it's within 14 days.

With a Claim Issue Date of 23rd January, you have until Monday 13th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

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

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 27th February 2023 to file your Defence.

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

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

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

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

ScammingIndustry said:

My only question I have is the template is for false admin cost however this is not the case for my defence so what template should I use?

Yes, the template Defence does challenge the false admin costs.

Are you really saying that the Claimant hasn't added admin costs?
Can you perhaps show us the Particulars of Claim box on your Claim Form and the money breakdown next to it?
Please take car to obliterate any personal information.

I would suggest that the tried and tested template Defence may well be suitable for you, but you are the Defendant and the choice is yours.

ScammingIndustry

KeithP said:

ScammingIndustry said:

I have now received a claim form with the issue date of 23rd Jan 2023. Acknowledgment of Service will be done tomorrow so it's within 14 days.

With a Claim Issue Date of 23rd January, you have until Monday 13th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

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

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 27th February 2023 to file your Defence.

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

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

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

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

ScammingIndustry said:

My only question I have is the template is for false admin cost however this is not the case for my defence so what template should I use?

Yes, the template Defence does challenge the false admin costs.

Are you really saying that the Claimant hasn't added admin costs?
Can you perhaps show us the Particulars of Claim box on your Claim Form and the money breakdown next to it?
Please take car to obliterate any personal information.

I would suggest that the tried and tested template Defence may well be suitable for you, but you are the Defendant and the choice is yours.

So it looks like the Letter before Claim asked for £100 per PCN. However, looking at "Particular of claim", it states £60 debt cost? I am attaching a picture for you to see. 

Your help is much appreciated. Thank you!

KeithP

Your opening post back in May said "£800 for 8 PCNs".

The Particulars of Claim state "8 parking charges".

With an 'Amount Claimed' of £1280.00, that equates to £160.00 per PCN.

So in fact they have added £60.00 per PCN on top of the £100 'face value'.

I suggest you do have a very strong case to use the 'false admin cost' in the Template Defence.


And just to add...
When it comes to a hearing, the Claimant will need to pay a Hearing Fee of £123.00.
In the unlikely event that you lose the case, not only will you need argue against the 8 x £60.00, you''ll need to strongly suggest to the Judge that you should only be responsible for the lower Hearing Fee of £85.00 - for Claims under £1000.00.

ScammingIndustry

Do they not have to abide by the cost shown on letter before claim? If so, surely I have a very strong case now that they have added £60.

They should have added false admin on letter before claim too?