SIP County Court Claim - x2 PCN Providence Street Manchester from 2022

GaLids

Hoping to get some expert advise!  

I have received a County Court Claim from SIP, regarding x2 PCNs from 2022. I have ignored all correspondence I received in the past. The PCNs were issued on the road opposite their car parks, which is situated in a residential area and parking permit zone. I would also like to note that I have in the past received PCN's on this road from Manchester City Council, of which I have always paid.

I have followed the steps on the NEWBIES thread and have completed the AOS. County Court Claim letter received on 23/11 and I completed AOS on 30/11. My calculations say I have until 24/12 to submit my defence, is this correct? 

I have read the template defence - are the only points to edit to suit my case #2 and #3? and points #4 onwards are to remain as written if using the template. 

Sorry if these questions have already been asked elsewhere and thank you in advance for any advise. 

Fruitcake

You seem to be up to speed so far, but please post the PoC from your claim form, ensuring that no personal information is shown. This will determine of the CEL v Chan case is relevant, and if it is, then the whole of the transcript linked from the template should be included.

Please post your amended parts of the template here for comment before you submit it by email. 

KeithP

GaLids said:

I have followed the steps on the NEWBIES thread and have completed the AOS. County Court Claim letter received on 23/11 and I completed AOS on 30/11. My calculations say I have until 24/12 to submit my defence, is this correct? 

Difficult to answer that question.

Can you please tell us the Issue Date on the Claim Form?

Umkomaas

 I would also like to note that I have in the past received PCN's on this road from Manchester City Council, of which I have always paid.

You need to ascertain the precise positions on that road where your SIP tickets were issued, then contact Man City Council and ask them to confirm whether that strip of road is public highway, or a private road. If the latter, SIP should be nowhere there issuing tickets. 

GaLids

Thanks. 

Please see PoC in image. Issue date was 23/11/23. 

Regarding the public highway or private land - do you mean if public highway SIP shouldn't have issued a ticket. Find my street suggests the road is maintained at public expense. I have requested street ownership records from the council.
(Removed by Forum Team)

KeithP

You have left your MCOL password and your vehicle's registration mark clearly visible in that image.

With a Claim Issue Date of 23rd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 28th December 2023 to file your Defence.

That's nearly three 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

GaLids

KeithP said:

You have left your MCOL password and your vehicle's registration mark clearly visible in that image.

With a Claim Issue Date of 23rd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 28th December 2023 to file your Defence.

That's nearly three 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

I realised after posting!!! I have contacted the MSE forum management team to remove. 

Coupon-mad

OK and as the breach is stated in the POC you will be using the Template Defence 'as is' (as explained there) plus your facts added as para 3.

GaLids

It has been confirmed by the local council that the road whereby the private PCN was issued, is an adopted road. Is this enough evidence for my defence in paragraph 3? 

troublemaker22

It's good evidence.  At this point the question is how best to employ it in drafting your defence. It looks like the whole of the Claim Form has been deleted rather than just redacting the MCOL password and your vehicle's registration mark so I can't see whether they're suing you as driver, keeper or both and/or as hirer.  Delete the part in square brackets if they are suing you only as driver and amend "keeper" to "hirer" if they are suing you as hirer:

It is denied that the Claimant has standing to enter into or enforce contracts for parking at the location where the alleged parking event was alleged to have occurred as said location is a public highway and not private land.  [It is further denied that the said location is "relevant land" as defined in Schedule 4 to the Protection of Freedoms Act 2012 ("POFA") and accordingly the Claimant has no right to claim from the Defendant as keeper of the vehicle.]

You can expand on this and exhibit the letter from the Council in your witness statement when the time comes

GaLids

Thanks all for your assistance! 
Defence has been filed and acknowledged by CCBC AQ. 

I will be sure to keep this thread updated with progress.