SIP PCN

Flames709

Hello all,

I received a PCN from SIP last month, the pcn says vehicle not permitted and consideration period exceeded.

The PCN is in relation to parking at car park adjacent to the train station. I have used this car park many times to pick people up from the train station and have never stayed more than 10 minutes, and never received a PCN before.

On this occasion, I was there for 23 minutes according to the PCN. I have tried looking at the sign and could not find any 'consideration period'.

I have tried appealing using the tempalye which got rejected (no surprise there). I have tried finding the landowner of the car park but have not had luck.

There is only one parking sign that I've seen which is hard to read in the dark, however, no mention of any consideration period.

I have read on this forum that SIP are one the firms likely to take you all the way to court. Is it worth paying the PCN or do I have a leg to stand on if it goes to court?

Gr1pr

The BPA/IPC CoP gives you the current consideration periods, plus grace periods , it's typically 5 minutes,  definitely no more than 10 minutes 

No appeal will work, SIP are not going to cancel,  plus if it's in the GMC area they do tend to issue court claims , in house 

We dont recommend paying though

Was it near Victoria or Piccadilly   ?

The Simple Intelligent rule is, NEVER USE A SIP CAR PARK,  ever  !

Flames709

Gr1pr said:

The BPA/IPC CoP gives you the current consideration periods, plus grace periods , it's typically 5 minutes,  definitely no more than 10 minutes 

No appeal will work, SIP are not going to cancel,  plus if it's in the GMC area they do tend to issue court claims , in house 

We dont recommend paying though

Was it near Victoria or Piccadilly   ?

The Simple Intelligent rule is, NEVER USE A SIP CAR PARK,  ever  !

It was in croft street, Bradford and not Manchester. Is this close enough for them to issue court claims?

Yes, I will refrain from parking in SIP car parks from now on, thanks.

Coupon-mad

Certainly no paying them. Ignore. Come back if they try a claim but you could avoid that if you change your address for service to an address in the south or up north. As discussed on another SIP thread this week.

Flames709

Coupon-mad said:

Certainly no paying them. Ignore. Come back if they try a claim but you could avoid that if you change your address for service to an address in the south or up north. As discussed on another SIP thread this week.

Hi Coupon-mad,

Glad to see your still active here

Is it this thread you're referring to?

https://forums.moneysavingexpert.com/discussion/6630521/sip-pcn-ducie-street-manchester/p1

The advice on this thread is to appeal as the driver and not the keeper and possibly use a London address as SIP won't issue claims here.

Since I have already appealed using the newbie template, how would I do this again using a different address?

Car1980

All you have to do is email them (and copy their DPO in) stating that the name and address of the driver for the purposes of the the Protection of Freedoms Act 2012 is your name at a different address and that they must ERASE the old address under GDPR.

Addresses don't have to be anywhere near where you live, just at a location where you are contactable. You might stay with your partner in London Friday-Monday, but your car is registered to a house near where you work Tuesday-Thursday, for example.

Flames709

Car1980 said:

All you have to do is email them (and copy their DPO in) stating that the name and address of the driver for the purposes of the the Protection of Freedoms Act 2012 is your name at a different address and that they must ERASE the old address under GDPR.

Addresses don't have to be anywhere near where you live, just at a location where you are contactable. You might stay with your partner in London Friday-Monday, but your car is registered to a house near where you work Tuesday-Thursday, for example.

So I have to state that I am the driver now? Would this work even if I initially appealed as the registered keeper.

Car1980

Appealing isn't a specific legal process. It's just an email arguing against an invoice, so don't worry about that.

There are only certain situations where driver identity needs to be kept hidden. In most cases it's irrelevant as the keeper will be liable anyway under the Protection of Freedoms Act.

In this situation you are using the POFA to issue a serviceable address to your benefit. It doesn't matter who the driver is if the keeper and driver are one and the same with POFA tickets.

Of course, you could completely lie and state the driver is Joe Bloggs at 123 Acacia Avenue and probably never hear from them again. But we don't condone lying. 

Changing the serviceable address is more of a legal loophole for parking companies who won't do court claims outside their area. 

Coupon-mad

Nobody said you have to comment on who was driving.

Car1980

Not sure I agree. If you use POFA to name the driver and their address they are legally bound.

The keeper saying their address has suddenly changed to the other side of the country can be simply ignored, although I have no knowledge if SiP do believe these change of addresses.

ChirpyChicken

Car1980 said:

Not sure I agree. If you use POFA to name the driver and their address they are legally bound.

The keeper saying their address has suddenly changed to the other side of the country can be simply ignored, although I have no knowledge if SiP do believe these change of addresses.

SIP do update address details at LBC stage without issue.
They actually had someone really decent working for them until recently as well