SIP PCN for overstaying

nancyHam

Hi, I have received a ntk PCN from SIP and have done extensive amount of reading and researching in finding the best way to approach. I am now hoping for some specific advices before commiting to action.

I have read the newbie sticky thread throughly and understands some of the fighting points but I don't know if I have a strong case

The driver is a recurring visitor to the car park for years, however in this occation the driver has paid for two hours parking but overstayed 38 minutes. The mitigating circumstances would be an infant passenger required attention therefore could not get back to the car in time.

I have studied the relavant POFA act 2014 Sch 4 and it seems the PCN does compliant apart from not mentioning "POFA", so no keeper liability could not be a winning point.

Grace period is well over in this case so not a strong argument either.

Some point could possibly be used are 
No landowner Authority
Lack of ADR
argue on the ANPR but a bit of a stretch
Unclear signage - I am unsure how to play this
Exaggerated amount charged - currently addressing by gov but not a definitive win point?
They are playing it as contractual charge but could I get away from it?

As my research goes, SIP is moderately litigious and it seems this has a fair chance of going into claim (or look out for letter for 6 years time), which I don't mind if I have >80% chance of winning but I will be relying on technicality and some degree of judges discretionary decision based on mitigating circumstances. Is this good enough? Am I missing something?

Thank you for your time in reading this and I appreciate any help.

B789

What was the date of the parking event and what was the date of sending the notice?

nancyHam

Hi, thanks for replying.
it was on 5th and the date on notice is 10th
I presume the date of receiving will be on 14th ( second working day) as per pofa paragraph 9 (6)

 14 days period will then end on 28th.

Coupon-mad

The NTK doesn't have to mention POFA.  No idea why people think it does; it is just that certain wording is needed for keeper liability not the word 'POFA'.

As my research goes, SIP is moderately litigious and it seems this has a fair chance of going into claim (or look out for letter for 6 years time), which I don't mind if I have >80% chance of winning but I will be relying on technicality and some degree of judges discretionary decision based on mitigating circumstances. Is this good enough?

Yes I'd say so.  Your case will be stronger if you show the Judge that you tried hard to resolve the dispute by complaining to the landowner and appealing to SIP.

Don't use a template.  Just say what happened - the mitigation - and attach proof of being a very regular customer at this site which they will now lose if the PCN is not cancelled.  If you were not the driver then say that (only if true).

Do not try IAS.

Do tell SIP if you move house within 6 years.

nancyHam

Thank you for your advice coupon mad.
That's very helpful.

You mentioned to declare if not driver,
Does that mean the no keeper liability point could be completely disregarded that it's not going to benefit in my case?

For the sake of case study,
Would declaring who's driver gain anything or simply deny being the driver might help?

Coupon-mad

Just be honest. This appeal won't work.  It's simply a place-setter to show the Judge later, if they file a claim, that you disputed it honestly.