SIP/Gladstones draft Defence - seeking feedback

Andrea_Swan · 20 July 2017 at 4:17PM

Hi All,

I went on Experian last night to check my credit file, and was horrified to find out I had a £3500 CCJ thanks to SIP parking limitet for 19 unpaid parking tickets.

So the story begins....................

I was a member at a gym (I can provide proof of membership) I was using the gym carpark unbeknown to me when I entered the gym I should have entered my reg into a computer.

The tickets range from Jun 16 - Oct 16, I moved home in September but from June to September I received no correspondence, I then registered my new address with DVLA in Feb 17, this was taken to court in June 17 so in this time I received no correspondence either.

I can pay this in full if I do not have a case or if I can defend and file a N244 form to set aside the CCJ to then give me the time to answer my case.

What are people thoughts

Coupon-mad · 20 July 2017 at 10:33PM

Andrea_Swan wrote: »

Hi All,

I went on Experian last night to check my credit file, and was horrified to find out I had a £3500 CCJ thanks to SIP parking limitet for 19 unpaid parking tickets.

So the story begins....................

I was a member at a gym (I can provide proof of membership) I was using the gym carpark unbeknown to me when I entered the gym I should have entered my reg into a computer.

The tickets range from Jun 16 - Oct 16, I moved home in September but from June to September I received no correspondence, I then registered my new address with DVLA in Feb 17, this was taken to court in June 17 so in this time I received no correspondence either.

I can pay this in full if I do not have a case or if I can defend and file a N244 form to set aside the CCJ to then give me the time to answer my case.

What are people thoughts

Please read the NEWBIES thread about set asides, then start your own thread (but only after reading the sticky thread post #2 about set asides).

If you are for real why the heck are you wanting to pay this, as if it's normal? At the very least - given the amount of money involved, if true - anyone would be looking to sue the GYM for causing this by taking on the PPC then not telling members clearly about the contractual 'obligation' (trap).

kelly4509 · 17 September 2017 at 12:59PM

Well my claim is swiftly progressing!

I have received a court date of 04/10/2017. I am currently working on my Witness Statement with a view to hand delivering it to the Court this week prior to the 14 day deadline. I endeavour to post it up on here for feedback prior to its submission

I have already received a WS from SIP, any comments on it would be much appreciated, however it looks pretty generic to me.

The SIP WS/evidence along with my original defence are all saved in the following Dropbox file: https://www.dropbox.com/sh/agfojwyy611nc2a/AADo9QTqF_rTfSeQlFVOi_0Ka?dl=0

KR's, Kelly

Coupon-mad · 17 September 2017 at 2:46PM

Yes, pretty generic stuff from SIP.

In point 13 they've assumed that your car headlights would have lit the sign (was it dark, then?) but they've shown no evidence and it's likely the sign was way above headlight level!

They have included no photos taken in the actual car park whatsoever, have they? That's curious. And leaves it open for you to show photos yourself, taken in the dark (if that's what conditions were like). Make your evidence conclusive, that whilst you could make out the tariff and phone number, there was absolutely no way you saw £100 as a possible 'charge' and neither was it mentioned by the operative on the telephone when you registered, then (you believed) paid.

Therefore, there was no agreement on the charge of £100, only agreement on the tariff, which you registered for and paid (you honestly believed on the day). So the case can be fully distinguished from the facts in the completely different Beavis case.

Can you prove you registered with PaybyPhone that day? Ask them for evidence urgently, if you can't prove it, as it supports your version of events.

You will need the right section of the distance contracts consumer law (although don't hold your breath that the Judge will be interested in that argument). Also the EU Guidance on those regs, helps as evidence, because providing parking spaces as a 'service' for a fee is certainly 'rental' of that space, and would be covered as shown here in the Guidance:

http://ec.europa.eu/justice/consumer-marketing/files/crd_guidance_en.pdf

search that PDF for the word 'parking' and you get:

''For example, renting a parking space ... is subject to the Directive. ''

kelly4509 · 17 September 2017 at 4:03PM

Thanks for your feedback Coupon Mad, much appreciated and gratefully noted

SIP did provide photo evidence of my car, I just haven't uploaded the pictures (sorry!). The pictures are presumably to support the fact that I wasn't displaying a ticket when I have already established that as it was a distance contract no ticket was provided. I will however pick up in my WS on your point of it being poorly lit within the carpark, being 'arches' there are no windows and very minimal lighting and so visability is pretty poor.

Also, I did try to contact PayByPhone to confirm my registration but I have had no response to date. Part of the evidence submitted by SIP (evidence 'E', but it's hard to read on the scanned copy) shows my PayByPhone account (allocated to my mobile number) with a 'Creation Date: 05/07/2015' and a 'Status Date: 08/03/2017'.

I cant recall using this service in 2015 and there is no corresponding transaction information to verify any details. The only 2 transactions showing on the printout are recent ones of 03/08/17 and 04/08/17 - which are dated after the 'Status Date' of 08/03/2017. Therefore i'm not entirely sure as to what the 'Status' refers to as it can't be - as I initially considered - the date when the information was extracted from the system by SIP.

Nonetheless, its doesn't change my defence as it wasn't a fully automated process on the day in question and I was still required to converse with an operative in order to provide my registration details - as you would when registering a new account. I have also purchased a new vehicle since 2015 and have new payment cards so any historic information from back then would be expired/incorrect.

I do have itemised phone records showing a telephone call to PBP on the day which I am providing as an exhibit. I hope this is strong evidence to the judge of my intent/belief of payment.

kelly4509 · 17 September 2017 at 4:10PM

Interestingly, just to add, I did use the same SIP car park in Salford for only the second time last month (as evidenced in the transaction history in the post above).

This time, on telephoning PayByPhone, the automated service recognised my mobile telephone number and was immediately able to quote my car registration number to me in order to verify that that was the vehicle I was using. That is acknowledgment to me that I had registered for the service on a previous occasion and I'll be stating as such in my WS.

Furthermore, in this instance I ended up terminating the call without proceeding to payment as after numerous attempts the service was unable to recognise how many hours parking I required. Immediately after ending the call I received a text message from PayByPhone notifying me that "A recent parking call was ended before being confirmed. Retry call to start valid parking." I had not received any such notification on my first visit which surely adds to my defence that the service was not working adequately that day?

NB: I eventually successfully paid for my parking after downloading the PayByPhone iphone app. It was so much more convinient, I wish I had used it the first time and I wouldn't be in this mess! :rotfl:

System · 4 October 2017 at 8:39AM

I have received a court date of 04/10/2017.

Good luck.

kelly4509 · 4 October 2017 at 9:05PM

So today was the big day and the Judge found in my favour :T

I even remembered to claim back my costs :beer:

I will post a full summary of the day tomorrow but for now i really want to thank Coupon Mad and all the other contributors to this forum as without your help, advice and support I would never have had the confidence to continue with this 'journey' which started back in September 2016.

And to anyone in a similar boat my advice is DONT GIVE UP! If I can do it, anyone can :j

beamerguy · 4 October 2017 at 9:25PM

WELL DONE :beer:

Another Gladstones failure, a delight to hear

Coupon-mad · 4 October 2017 at 10:13PM

kelly4509 wrote: »

So today was the big day and the Judge found in my favour :T

I even remembered to claim back my costs :beer:

I will post a full summary of the day tomorrow but for now i really want to thank Coupon Mad and all the other contributors to this forum as without your help, advice and support I would never have had the confidence to continue with this 'journey' which started back in September 2016.

And to anyone in a similar boat my advice is DONT GIVE UP! If I can do it, anyone can :j

Hooray!! Well done to you after a whole year!

Looking forward to your court report: which Judge/which court/ who rocked up & what happened...!

:T

SIP/Gladstones draft Defence - seeking feedback

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