SIP Parking - Piccadilly Trading Estate - LBC

Le_Kirk

The thread originator has not been back on the thread since May and might not see your post; suggest you send tham a PM.

Coppice10

Hello again everyone - 2 years down the line and i am in receipt of a Claim Form from the County Court.   

I'm ready to go!  

If I've read everything again correctly, i have to acknowledge within 14 days and file my defence with 28 days - bithe dated from the Date of Service which was the 20th August. 

Gr1pr

You acknowledge between day 5 and day 19, so today is OK, or this week 

Then the deadline is 4pm on day 33 from the issue date , so by 4pm on 22nd September 

Coppice10

Does this read ok for my DIY paragraph 3??

’ I deny that I was parked at The Piccadilly Trading Estate as suggested by the Claimant. Photographic evidence clearly shows I was parked on Giddings Road, which is an adopted highway by Manchester City Council, maintainable at Public Expense. On an adopted highway, only the local authority or the police can issue a parking charge. Therefore the Claimant is not within their remit to issue the original Parking Fine. I have previously appealed and communicated this to the Claimant but have been ignored.’

Gr1pr

A defence is written in the 3rd person,  no I etc, you are , the Defendant 

SIP Parking do not issue fines,  so incorrect wording

1505grandad

Coppice10 said:

Does this read ok for my DIY paragraph 3??

’ I deny that I was parked at The Piccadilly Trading Estate as suggested by the Claimant. Photographic evidence clearly shows I was parked on Giddings Road, which is an adopted highway by Manchester City Council, maintainable at Public Expense. On an adopted highway, only the local authority or the police can issue a parking charge. Therefore the Claimant is not within their remit to issue the original Parking Fine. I have previously appealed and communicated this to the Claimant but have been ignored.’

A suggestion  -  the "parking address" in their PoC is STATED (not suggested) under a SoT  -  have we seen the PoC?

Coppice10

Ok - how about:

‘The Defendant denies they were parked at The Piccadilly Trading Estate as stated by the Claimant. Photographic evidence clearly shows I was parked on Giddings Road, which is an adopted highway by Manchester City Council, maintainable at Public Expense. On an adopted highway, only the local authority or the police can issue a parking charge. Therefore the Claimant is not within their remit to issue the original Parking Charge. I have previously appealed and communicated this to the Claimant but have been ignored.‘

Is PoC particulars of claim in this context? I haven’t uploaded it but wording is short so will pop back later this evening to share on this thread 

thanks for help so far - let me know if I should change anything else.

Le_Kirk

You still have some "I" as opposed to "the defendant" as advised by @Gr1pr

1505grandad

Per Gr1pr  -  "SIP Parking do not issue fines,  so incorrect wording"

". On an adopted highway, only the local authority or the police can issue a (parking charge). "

(That) should be the word "fine"  -  as per Gr1pr states SIP cannot issue them unlike police etc can.

Car1980

Sorry, small point - local authorities and the police don't issue parking charges (although councils could do they could if they wished in theory), they issue penalties. So say:

On an adopted highway, only the local authority or the police can issue parking charges or penalties.

I would also change "Therefore the Claimant is not within their remit to issue the original Parking Charge" to

Therefore it follows that the Claimant cannot hold any contract with the landowner or have any legal authority to be issuing charges to drivers of vehicles on this land.