SIP Parking - Piccadilly Trading Estate - LBC

Coppice10

Hi. Had raised this previously on Pepipoo when the NTK arrived 14 months ago, but obvs cant access any of that advice now.

SIP issued a windscreen ticket on the 2/2/23 stating I was parked within the Trading Estate when I believe i was not within its boundary, but parked on the street adjacent.  I appealed accordingly but was rejected as expected. 

NTK issued 20/3/23. 

LBC arrived today 8/5/24. 

Ive prepared the acknowledgement to enter on their electronic reply form and will find an email address for them too. 
There is no additional fee on the LBC - it still states £100 which is the original fee so ive amended the wording - please confirm its ok?

Dear Sirs,

Your Ref. 
Proposed Legal Proceedings
Claimant: SIP Parking Limited

I refer to your Letter Before Claim.

I confirm that my address for service for the time being - assuming you don't delay any claim - is as follows, and any older address must be erased from your records:

NGxxxxxx

The alleged debt is disputed and any court proceedings will be vigorously defended, as I have done successfully in the past.  My vehicle was not parked within Piccadilly Trading Estate as you allege.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the £100 represents a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

Gr1pr

If the LBC stayed at £100 owing and came directly from SIP , then no debt collectors fees have been added , so 1) is incorrect 

SIP do their own in house LBCs and they also pursue their own civil court claims, typically in the Manchester court 

2) will be the daily default tariff on their signs and on the actual pcn , so a principal sum that they say that the driver agreed to by the act of parking there, so by performance 

Coppice10

Thanks @Gr1pr
So i think i should just remove those 2 points and just leave it with the very short sentence on 30 days hold?

Gr1pr

Coppice10 said:

Thanks @Gr1pr
So i think i should just remove those 2 points and just leave it with the very short sentence on 30 days hold?

I think it should contain more than just the hold notice, see what Keith p copied below 

https://forums.moneysavingexpert.com/discussion/6405118/advice-on-email-to-solicitor-after-lbc/p1

LDast

Coppice10 said:

LBC arrived today 8/5/24. 

...I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

Do you need the extra 30 days? If you do, then there is no point sending that response until day 29, which would then give you an additional 30 days. If you were to send that today, you would only get another 30 days from today.

So, if you don't need the extra 30 days, then don't put that in the response.

Coppice10

Ok i can work with that. I will send them an SAR as well as its been a while and i dont remember all the details!

And it will be in an email rather than using their claim forms.

Thanks

Coppice10

@LDast
 I dont need 30 days at all, but if i dont ask for that then i am literally just sending an acknowledgment and a denial. It will be 2 sentences long!
I guess that might be ok?

Coupon-mad

No don't send a SAR.

Gr1pr

If you are emailing a SAR, then you want as long as possible plus you should mention it too, even if its the same office 

KeithP

Coppice10 said:

@LDast
 I dont need 30 days at all, but if i dont ask for that then i am literally just sending an acknowledgment and a denial. It will be 2 sentences long!
I guess that might be ok?

Won't you just be leaving out the one sentence "I am sourcing..."?
Much much more than two sentences left.  
Remember the VAT stuff.

Coppice10

ok so now i am confused. 
I need to acknowledge the LBC somehow, but dont necessarily need the 30 days. The usual 2 points about additional fees etc are not relevant, so what exactly should i put in the acknowledgement?
I will need to submit a SAR at some point to see what info they have? Is there a better time to do this?