SIP claim through CNBC

Orangelemon123

I received a claim form (see attached). I don’t recall receiving any letters prior to this. 

I don’t drive outside of my city so I know it wasn’t me driving, it must’ve been my daughter as she is the other named driver. However the date in question is over two years ago so she doesn’t remember what happened or how long she parked but can see that she payed SIP parking £1.00 on her bank statement. It says ‘insufficient fee paid’ so maybe she overstayed. 

£195 for a couple pounds seems very steep? I feel like just paying it because this seems stressful to try and fight and the risk of it affecting my credit when I wasn’t even driving. Also, I don’t understand how to pay, because it only gives their address for payment details and I’d want to pay with card so I have proof. 

Gr1pr

The defendant is you I take it. ?  Not your relative. ?

The only way a non driving keeper could be liable is if SIP complied with POFA 2012. 

Not updating the V5c after moving house is the usual reason for missing paperwork 

Insufficient payment does not indicate an overstay, it indicates that part of the period the vehicle was on a pay to park site was not paid for ( overstays happen on free to park car parks. )

SIP have added a spurious £60 debt collectors fee on top of the £100 charge, so even if it was lost in court the total would be £135 , not £195

Personally I would not pay £195 to get rid of it 

Orangelemon123

Gr1pr said:

The defendant is you I take it. ?  Not your relative. ?

The only way a non driving keeper could be liable is if SIP complied with POFA 2012. 

Not updating the V5c after moving house is the usual reason for missing paperwork 

Insufficient payment does not indicate an overstay, it indicates that part of the period the vehicle was on a pay to park site was not paid for ( overstays happen on free to park car parks. )

SIP have added a spurious £60 debt collectors fee on top of the £100 charge, so even if it was lost in court the total would be £135 , not £195

Personally I would not pay £195 to get rid of it 

Yes it’s come through on my name as I am the registered keeper of the car but I wasn’t the driver when the car was parked there.

I haven’t change my address. 

Oh okay, I thought it could end up being even more that I have to pay if it goes to court? I’m not sure how this works 

Gr1pr

The newbies FAQ sticky thread in announcements post 2 explains the process by which you contest the claim and defend it ( few people are experienced in the civil justice system, but they learn quickly. )

I would suggest that you don't make any assumptions, sticky toffee facts and research what you don't know, plus follow the guidance by the experienced people on here too

Login to MCOL using the password on the claim form and complete the AOS only, that newbies thread explains how

Coupon-mad

The NEWBIES thread 2nd post already tells you NEVER to just pay a court claim because even if you lost, it would be less.

Also, this could be resolved in the Mediation phone call which is now compulsory.  You could make an offer (NOT THREE FIGURES) and your daughter could then pay you back.

But first you have to defend as keeper.

Send a copy of the defence to SIP as well as the CNBC and ask for a SAR because you want to see the Notice to Keeper and evidence of the allegation of not paying sufficient monies because you were not the driver and do not recall receiving any post before the court claim. As such you know nothing about it and want to know more before Mediation.

(Normally we do not suggest a SAR but in your case you may as well find out more BEFORE the compulsory Mediation phone call in the Autumn).

Grizebeck

This firm does it own legal work and does not hire out advocates 
They don't travel to courts out of the north west......

KeithP

With a Claim Issue Date of 16th August, you have until Wednesday 4th September to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 18th September 2024 to file a Defence.

That's four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Orangelemon123

Thanks for the advice everyone. It’s just making me stressed, I feel like just paying it.

However I’m confused how to pay, as they have only given their address on the front but I want to pay by card so I have proof. Shall I ring SIP parking and ask them? 

Orangelemon123

Coupon-mad said:

The NEWBIES thread 2nd post already tells you NEVER to just pay a court claim because even if you lost, it would be less.

Also, this could be resolved in the Mediation phone call which is now compulsory.  You could make an offer (NOT THREE FIGURES) and your daughter could then pay you back.

But first you have to defend as keeper.

Send a copy of the defence to SIP as well as the CNBC and ask for a SAR because you want to see the Notice to Keeper and evidence of the allegation of not paying sufficient monies because you were not the driver and do not recall receiving any post before the court claim. As such you know nothing about it and want to know more before Mediation.

(Normally we do not suggest a SAR but in your case you may as well find out more BEFORE the compulsory Mediation phone call in the Autumn).

Thanks, it all just sounds too complicated for someone like me and it’s making me stressed. I feel like just paying it, I would hate to go to court. 

If I did defend it, I’m confused because the guidance on here says not to submit it online. So am I supposed to fill in the form and post it? You said to send a copy to SIP and to CNBC, do you mean via email? It doesn’t say on the form that emailing them is an option and there are no emails on the form. SIP email on their website says they don’t respond to PCN queries via email. 

KeithP

Orangelemon123 said:
If I did defend it, I’m confused because the guidance on here says not to submit it online. So am I supposed to fill in the form and post it? You said to send a copy to SIP and to CNBC, do you mean via email? It doesn’t say on the form that emailing them is an option and there are no emails on the form.

What are you talking about?

Please read again the post I made on your thread about an hour ago, Today at 2:02PM.

Orangelemon123

KeithP said:

Orangelemon123 said:
If I did defend it, I’m confused because the guidance on here says not to submit it online. So am I supposed to fill in the form and post it? You said to send a copy to SIP and to CNBC, do you mean via email? It doesn’t say on the form that emailing them is an option and there are no emails on the form.

What are you talking about?

Please read again the post I made on your thread about an hour ago, Today at 2:02PM.

I have read it, I am saying that I do not know who to email it to as there are no emails on the claim form.