SIP Parking Charge Notice - Leased car

PilotJames

I've received two separate PCNs from unknowingly parking on a SIP managed site (it used to be free). I appealed with photographic evidence on the basis that the signage did not conform to IPC code of practice but unsurprisingly this was rejected and no doubt the second one will too. As a matter of course I've appealed the first through the IAS but don't expect any positive result from that either.

Because the car is leased through SS arrangement I've informed SIP and the lessor of the driver's name and address since both PCN appeared to be fully POFA compliant and it prevents the lessor recovering the charge from my salary.

I'm interested to know other peoples experience of SIP and they best way to proceed. Provided that liability has been transferred to the driver I expect this will go to small claims?

Thanks

Gr1pr

SIP are well known for the owner issuing small claims 

Personally I would never go near  SIP Parking  car parks , especially around Manchester 

The IAS are likely to state that the pcns were correctly issued 

PilotJames

How far do they usually take them?

Gr1pr

PilotJames said:

How far do they usually take them?

All the way, in house,  their office is not far from Manchester Court,  so if you are local to the area,  dont expect them to back down, they do their own claims too, not using 3rd party lawyers like many others 

PilotJames

Great. Any idea of their success rate going to court?

Gr1pr

That aspect is never reported by the court system or O.N.S, its all individual cases, the system doesn't break these things down into statistics 

Doesn't really matter,  each case is bespoke and dependent on numerous factors and judge bingo etc

If you have a solid defence plus WS plus Exhibits,  you would be in a strong position 

PilotJames

Well the signage doesn't conform to their CoP and the ANPR didn't clearly show the VRM in the PCN. Whether that's a solid defence is difficult to judge without prior experience. A judge might rule that there were signs indicating payment was required, and it was reasonable to assume that, even if they didn't technically conform.

PilotJames

Further to my post about POFA compliance....after looking at the NTK carefully, it looks like it doesn't comply with para 4 (4) (28 days....). That's unfortunate that I didn't spot that before but I suspect the lessor would still have paid the pcn and recharged me. 

Gr1pr

Although its an unrelated case,  read this saga which is shaping up to be Anwar ( SIP  ) versus DJ Iyer at Manchester court 

https://forums.moneysavingexpert.com/discussion/6516233/post-ccj-set-aside-final-hearing-preparation/p1

Manchester court is a graveyard for parking companies if a defendant defends properly 

No guarantees but any information is always good information for victims 

Coupon-mad

PilotJames said:

Further to my post about POFA compliance....after looking at the NTK carefully, it looks like it doesn't comply with para 4 (4) (28 days....). That's unfortunate that I didn't spot that before but I suspect the lessor would still have paid the pcn and recharged me. 

I think you did the right thing to hook it fully in your direction. Ignore them.

Sit tight. Do nothing except the below.

By going confidently into the 'ignore' stance, the only steps to take (because you MUST check every letter) are:

- Tell them if you move house within 6 years.

- Ignore the tedious £170 threatograms shown in pictures in the 4th post of the NEWBIES thread.

- Come back if you get a solicitor's LBC as per the 2nd post of the NEWBIES thread.

Nobody pays a penny unless a Judge says so. There is no risk AT ALL in defending a court claim. No CCJ. No bailiffs.

PilotJames

An update on this which has presented an unexpected twist....

The first PCN was appealed, rejected by SIP and then followed by a successful appeal through the IAS.

The second PCN was appealed in the same way, rejected by SIP and then within the stated timescales an appeal made through IAS as per the previous PCN. Three days later, however, IAS replied saying the PCN had been paid and therefore an appeal wasn't possible and the case closed.

I contacted the vehicle lessor to ask if they'd paid the PCN, and as suspected, they had. The rejected appeal from SIP came on the 25th Feb and it turns out that SIP then issued the following day, on the 26th Feb, a 'payment overdue' reminder to the keeper. Not only that but this overdue reminder demanded a payment of £115 instead of the £100 as originally stated on the parking T&Cs and PCN.

I'm not sure now how to proceed with this now. SIP didn't give the allotted time to appeal their decision, demanded an increased payment and they were also aware that I was the driver at that point. The lessor themselves have paid an amount that wasn't contractually agreed but of course by paying I guess they're accepting liability.

Any advice on who to move forward on this?