SIP PCN – Paid (Wrong VRM), Session Confirmed, IAS Lost, Now Reminders Increasing Charge

Umkomaas

1. No. You only pay SIP if a Judge instructs you.

2. The claim will be heard at your local court. 

3. They’ll have some fun trying to have an England/Wales incurred parking charge case heard in a Scottish Sheriff Court (research ‘Out of Jurisdiction’). The ‘strength’ of your situation is for a judge to determine, so that will need a court hearing.  Not something to fear. 

4. Write to the Data Protection Officer for SIP.  Tell them to ERASE your previous address and REPLACE with your current address for service. Use those two words as they have meaning under GDPR/Data Protection rules. 

ChirpyChicken

a Scottish address is perfect 

Coupon-mad

But you never pay unless a judge orders it. For that reason, I don't understand qu 1.

Q2, Obviously any hearing is listed at the court nearest the service address of the litigant in person (you). I say 'obviously' because we explained this - it's why we said very clearly to change your service address at LBC stage. Why else would we advise this step? It's because of the hearing court rule.

3. Don't pretend to be in Scotland. That's a different country and operates under different court claim rules entirely. That is not what we advised and more likely that SIP will smell a rat and trace you to your English address again.

MPulse

Thanks for all the advice so far, it’s been really helpful. From what I understand, it might be better for me to use an address for service in the Southwest region of England.

I have two more questions:

1. If the court eventually orders me to pay, will that affect my credit history at that point, or does it only affect my credit file if I still don’t pay after the court judgment?

2. How much can a court order as the maximum amount for a single private parking charge claim from SIP?

Any clarification on these points would be appreciated. Thanks again for everyone’s guidance.

Le_Kirk

1.  You are correct, a CCJ only exists on your credit record if you fail to pay what the judge orders before the date the judge specified
2.  The usual amount we say at the moment is £212 because any judge worth his/her salt will remove any spurious £70 admin fees

Easyrider66

Not wanting to put a dampener on your enthusiasm, but if you can make this go away for £20 I'd go for it. I've been fighting a major keying error PCN all the way to court and lost for no good reason. I think I've been unlucky but I feel pretty crap about the whole experience  - sharing summary for your info. 

I've been fighting a Claim from KBT Cornwall Ltd/ BW Legal relating to a two PCNs from Sept 2024 - yesterday it finally reached the Small Claims Court and the judge ruled against me.

I was really well prepared, fairly confident, and I think submitted a strong witness statement and then a good oral defence to the judge. I felt it was going well until he gave his judgement in favour of KBT Cornwall - which to be honest floored me!

It should have been a really straight forward case. I parked on two consecutive dates in the same car park, on both occasions not realising that the car I had registered in the JustPark phone app was a previous vehicle I no longer owned. So on both occasions I paid in full on the app for the period of parking before entering the car park, and left again before the expiry of the parking.

There were literally no other disputed issues or mitigating factors. I simply made a mistake when using the app, not realising it still held my old vehicle registration. So an entirely straightforward 'major keying error'.

I did correctly appeal the PCNs as soon as I'd received them to KBT Cornwall Ltd - and I'd expected them to offer the £20 Reduced Settlement option (which I would have paid without hesitation) - but they rejected my appeals.

KBT were operating under the IPC Code of Practice (9th Edition) at the time, and my evidence referenced the relevant clauses, and also referenced the current Parking Section Single Code of Practice to demonstrate what the Industry now considers a reasonable error which should lead to a £20 reduced settlement.

My heart says that the judge has got this badly wrong and I should appeal. (angry face)
My head says I have already wasted countless hours on this, and now £479, and I should cut my losses, try to let go, and accept that justice is a lottery. (sad face, small tear)

ChirpyChicken

Sorry you should use this one case to influence others 

Car1980

Sorry you lost mate, but please don't wrongly advise others to pay. 

https://www.thestar.co.uk/business/consumer/excel-parking-sheffield-firm-loses-court-battle-over-ps430-demand-for-inputting-error-5338857