SIP Parking - 3 PCNS

PecanPies

Hi there, 

I have read the Newbie thread and am now looking for further advice on where to go from here. 

I received 3 PCN's from SIP parking between mid May and the beginning of June after 3 separate visits to our local country park.  I was parked in the out of hours parking area (outside of the main entrance off the road) and was not aware that there were restrictions in this area. I knew that the main car park was a pay and display but not the area I was parked in (had I known, I would not have parked there on 3 occasions if I knew how much stress and money this would be!)

It is also important to add here that I have had ongoing issues with the DVLA since purchasing my car in February this year.  The transfer of ownership details were never sent off by the garage/never received by the DVLA (I have all proof of this) and therefore when the PCN's were issued, I never received the letters until the 21 time period had passed for 2 of them and my charges had subsequently increased in price.

I did contact SIP and make them aware of this at the time and told them that I would be appealing as I felt the signage was confusing.  I sent my appeal as soon as I received the letters (w/c 13th June) and have not heard anything back since but on Friday last week (22nd) I received 3 final reminders from SIP now totalling an impressive £355.  I am therefore assuming my appeal was rejected but I have not received any correspondence to confirm this.

I am not in a position to be able to afford these charges but I also cannot afford to go to court and risk further charges being added on.  I was going to contact SIP today and explain the situation and see what can be done but wanted to see whether there is anything that you lovely lot would suggest?  This is causing me a great deal of stress and I feel so frustrated that the charges are ramping up in price due to delays in receiving letters that is beyond my control.

Thank you so much in advance

Fruitcake

Never, ever 'phone a parking company or any of their agents.

Plan A is always a landowner complaint.

If you appealed all three PCNs and they were rejected, you are now in limbo as the IPC does not have an independent or fair second stage appeals process. 

You should get photos of the site and signage asap, then ignore anything and everything, especially powerless debt collectors, unless and until you get a Letter of/before Claim, which will precede a court claim.

Le_Kirk

As you have receive PCNs I assume your address issues with DVLA are sorted.  Send a Data Rectification Notice to SIP (use the DPO e-mail address (dataprotection@sipcarparks.co.uk) and tell them of your address for service and require them to ERASE your old data and to inform all and any of their agents and sub-contractors.

Coupon-mad

You won't be paying them anyway, so whatever £xxx is on the letters is irrelevant to you.  

There will be further letters from third parties. Ignore debt demands. No phone calls.  See the 4th post of the NEWBIES thread for photos of such letters over the years and what to do about them (please don't post pics of debt recovery trash here later on...ignore them!).

This will be resolved in court, so laugh at the letters (but keep them all) and go get photo proof in the same light conditions, showing that this overflow car park has little or no signage and how non-prominent it is from a car.

You will need that evidence to defend the claim which is when all this will be resolved.

PecanPies

Thank you all for your advice, I really appreciate it. I will get some pictures tomorrow in the same lighting conditions and sit tight and wait and see if I get further letters.  I feel that I don't really have a leg to stand on in court as there are signs there but those signs have been up since October (I checked with the landowner) and I parked there frequently through the Winter and Spring to walk the dogs and never once received a charge so was under the assumption that the area (it is a small out-of-hours lay-by at the bottom of the long driveway) was free to park and the signs were in relation to the main car park. 

It transpires that the cameras were turned on in April and sadly I was caught out on 3 occasions  

I really do appreciate your help and advice.  Thank you all so much

Coupon-mad

You will have a leg to stand on if your picture angles and shade show non-prominent terms obscured by trees and darkness.  DO NOT TAKE CLOSE UPS.

Also where is the proof those signs were up all winter, and lit?

PecanPies

Coupon-mad said:

You will have a leg to stand on if your picture angles and shade show non-prominent terms obscured by trees and darkness.  DO NOT TAKE CLOSE UPS.

Also where is the proof those signs were up all winter, and lit?

I will get some images of signs tomorrow. 

I have spent all day reading this forum and feel prepared to fight this to the end as it infuriates me that these companies get away with charging these absurd fees. I guess what I want to know is - have I jeopardised my changes of winning by contacting SIP directly and do you think I'm likely to loose my case? (I am of the understanding that SIP are renowned for litigation)  Even if I can get images of the signs being obscured, I'm afraid that my defence is weak  

I contacted the landowner (because I do not remember seeing signs there!) and I was told that signs went up in the Autumn.  Should I enquire for physical evidence of this?

Thank you so much in advance, you guys do such a fab job!  

Not_A_Hope

If the Terms and Conditions of Parking have changed recently the PPC should put up extra signs at key locations to bring the changes to the attention of drivers. This will be referenced in their Code of Practice.

Of course they don't make as much money if they were to do this. When it comes to evidence time you should put them to strict proof they complied with all aspects of their COP regarding signage. 

Get some photo evidence of the signs and show them here for comment

Coupon-mad

 I guess what I want to know is - have I jeopardised my changes of winning by contacting SIP directly and do you think I'm likely to loose my case?

No and no.

Loose?

PecanPies

Coupon-mad said:

 I guess what I want to know is - have I jeopardised my changes of winning by contacting SIP directly and do you think I'm likely to loose my case?

Loose?

Ah crikey, can you tell I'm exhausted?  

*lose

PecanPies

Ok I have been this morning and taken some pictures of the signage. 

Picture 1 shows the only sign that was evident in the area I parked in and picture 2 shows the lay by that I was parked in on all 3 occasions.



Picture 3 shows a SIP sign in the opposite lay by. I honestly do no remember seeing that sign (it is common for horse boxes and big vans to park there so there is the chance it was hidden). 

Picture 4 shows an aerial view of the area. The pink dot represents the main car park which has been a pay and display since 2018. I’ve parked there many times, always paid and never had any issues. The green dot is where I was parked on the 3 occasions I received my PCN. I started parking there last year as it is much quieter for my dog who is extremely reactive. It is at the bottom of the long driveway and outside of the main gates to the park that are locked at night.

Do you think my evidence is strong enough?