SIP Car Park - Manchester - Mediation Not Settled

TheBlessed

Good afternoon, ladies and gentlemen. 

I attended a mediation call appointment today, regarding a claim by SIP Car Parks, as stated below

"Parking Charge—Land at Major Street—Manchester for Insufficient Fee Paid

The charge was incurred as the terms of the contract signed (the Sign) were breached, and it is stated on the contract that should there be a breach, a packing charge would be incurred to the sum of £100, subject to a discount for prompt payment."

The breach dated back to October 2022, and a claim was filed in court late last year. 

I requested an SAR from SIP Car Park Limited on 12/03/2025 in order to go to the mediation appointment informed of the actual details and evidence of the claim. But up today I am yet to receive a response to my request from SIP Car Parks.

At the mediation hearing, the mediator informed me that the claimant stated I overstayed for 30 minutes. I only heard that from the mediator first and not from the claimant.

I clearly stated my position as follows:

Failure to Respond to Subject Access Request (SAR)

On 12/03/2025, I submitted a valid Subject Access Request (SAR) to SIP Car Park Ltd in accordance with my rights under Article 15 of the UK General Data Protection Regulation (UK GDPR). As of today, I have not received any response. This is in breach of their legal obligation to respond within one calendar month.

The SAR specifically requested access to any and all data held about me in relation to the alleged contravention, including but not limited to: ANPR footage, images, time logs, and correspondence history. Their failure to comply has obstructed my ability to fairly review the evidence and defend myself.

This lack of transparency and cooperation raises 2 concerns about the validity of the charge and the fairness of the enforcement process.

The amount charged, £160 + Court Fee £35, is disproportionate and does not represent a genuine pre-estimate of loss, even if there is evidence of a short overstay.

In light of the above, particularly SIP Car Park Ltd.’s failure to comply with my lawful SAR, which undermines their position and limits my ability to respond, I believe this charge should be cancelled.

However, I remain open to a fair and reasonable resolution via mediation. I am willing to consider a goodwill-based settlement of no more than £10 due to my limited financial resources, if necessary to avoid further escalation.

My offer was rejected by SIP Car Park Limited, and they will only settle for £135 to be paid in installments within 6 months, and the mediation was marked as unsettled. 

The mediator advised that conversation can still go on between SIP Car Park and me, before the court date, if we can come to an agreement.

Now waiting for the court process to continue.

What should I expect from SIP Car Parks and The Court?

While waiting for the court, I will be preparing my defense and WS. Any advice will be appreciated.

Thank you

ChirpyChicken

The sar is irrelevant 

Coupon-mad

You've already done your defence to have got to mediation stage. What exactly did your defence say (show it verbatim please)?

Neither of these points are a valid defence:

The amount charged, £160 + Court Fee £35, is disproportionate and does not represent a genuine pre-estimate of loss, even if there is evidence of a short overstay.
In light of the above, particularly SIP Car Park Ltd.’s failure to comply with my lawful SAR, which undermines their position and limits my ability to respond, I believe this charge should be cancelled.

TheBlessed

Thank you for your prompt response. I made an initial mistake in my defense, admitting to paying a reduced amount to close the case, which SIP Car Parks rejected and wants to go for the full amount in the claim. I later realized this would have resulted in the case being decided in their favor if they had accepted my initial offer.

The court automatically moved to the defended case, and mitigation was offered.

I later realized the best approach would have been to put up a proper defense as advised here. I am new to all this.

What are the best options for me now to mitigate the initial mistake?

Thank you.

TheBlessed

Coupon-mad said:

You've already done your defence to have got to mediation stage. What exactly did your defence say (show it verbatim please)?

Neither of these points are a valid defence:

The amount charged, £160 + Court Fee £35, is disproportionate and does not represent a genuine pre-estimate of loss, even if there is evidence of a short overstay.
In light of the above, particularly SIP Car Park Ltd.’s failure to comply with my lawful SAR, which undermines their position and limits my ability to respond, I believe this charge should be cancelled.

Thank you for your prompt response. I made an initial mistake in my defense, admitting to paying a reduced amount to close the case, which SIP Car Parks rejected and wants to go for the full amount in the claim. I later realized this would have resulted in the case being decided in their favor if they had accepted my initial offer.

The court automatically moved to the defended case, and mitigation was offered.

I later realized the best approach would have been to put up a proper defense as advised here. I am new to all this.

What are the best options for me now to mitigate the initial mistake?

Thank you.

Coupon-mad

Show us the defence - verbatim

TheBlessed

Coupon-mad said:

Show us the defence - verbatim

Thank you. 

Please see below, the statement I completed in the Defence section 3 of the form N9A with the statement

"I part admit £160, and I am making an offer to pay £5 per monthly installment and will make additional payments once my finances improves"

I admitted this is a loose or no defense. After going through the many cases on this platform, I should have done better, preparing a proper defense by following the guide here. 

SIP Car Parks rejected the above, and they are demanding £195 (£160 + court fee of £35). Because of their rejection of the offer, the court forwarded the case to defense, offering mediation as the first option.

At the mediation, they are willing to accept £135 to be paid within 6 months.

But after reading through this forum, I offered £10 or no more, but it was rejected. 

Do I have any opportunity to defend the case after the initial admittance due to ignorance on my side, once a hearing is set by the court?

Thank you.

Coupon-mad

No I'm so sorry you have no defence. No opportunity to defend and in fact it looks like you behaved unreasonably (you have not defended the case, you clearly 'admitted' liability for £160 but then refused to accept their offer to settle at £135). How does that work? It looks vexatious on your part.

Oh dear what a mess.

You should accept this:

"they will only settle for £135 to be paid in instalments within 6 months, and the mediation was marked as unsettled."

TheBlessed

Coupon-mad said:

No I'm so sorry you have no defence. No opportunity to defend and in fact it looks like you behaved unreasonably (you have not defended the case, you clearly 'admitted' liability for £160 but then refused to accept their offer to settle at £135). How does that work? It looks vexatious on your part.

Oh dear what a mess.

You should accept this:

"they will only settle for £135 to be paid in instalments within 6 months, and the mediation was marked as unsettled."

Thanks for your advice. I appreciate it. I agreed I made a mistake. Lessons Learned. I hope others can learn to avoid the same mistake. 

ChirpyChicken

right i wouldnt be so hasty
Wait for the claim to be allocated to your local court
The judge may then give you 14 days to log a new defence.

Coupon-mad

ChirpyChicken said:

right i wouldnt be so hasty
Wait for the claim to be allocated to your local court
The judge may then give you 14 days to log a new defence.

That is true. You MIGHT get that chabce.