buttered_toast2003
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Everything posted by buttered_toast2003
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Just a quick update...received a letter from the court...judge has decided that the claim should be struck out as the claimant has no basis to claim anything against me and i owe them nothing. Another victory! Thanks for all the help everyone! And anyone else in future that received a parking charge notice...fight it!
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Ok, how long do they have to pay up before I can apply to have it struck out?
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Sorry for the confusion. What happened was I got a letter from the court most local to the address I was living at at the time (I have since moved), even though on the questionnaire I requested a court near my new house. It said it was going to be considered based on the court's current workload etc. I got a new letter today saying that the judge had decided that my case was to be transferred to the court near my new house, as I requested. I have another one that says it's been transferred to the new one, and is awaiting allocation based on the workload of the court etc. I'll get a decision from the judge at the new court soon.
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Ok so the letters were one saying it was going to be allocated to the court I specified, and one saying it had been sent to the other court and was awaiting allocation. Does this now mean SIP need to pay again to have it allocated? Is there now little chance of the case being cancelled?
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Just a heads up that I may be posting later this afternoon...apparently, two letters from the court have arrived. If it isn't one saying it's been cancelled, Ill be very annoyed and stressed! I must be the only person that hasn't had a letter saying it's been discontinued!!
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Right. So the letter I got from Northampton which says the case has been referred to XXXX court (the one most local to my address at the time) and says the judge will pick an hearing date may all come to nothing, and it is a standard letter?
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So now I've received post saying that the case has been allocated to my local court (though not the court that I requested, strange) and I'm waiting for a date. Does this mean that SIP have paid the allocation fee?!
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Oh - do I need to send my defence to the court? I haven't received any letters yet...I submitted a shortened version of my defence through MCOL and have a longer version I was intending to send to the court. Which court do I send it to, the one I requested or Northampton?
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Ok so I've received the questionnaire for allocation...getting worried now!
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As I am aware the only thing they have lost (if they can prove that the particular space belongs to them, which if it did, they should have made it much clearer at the time) is the £2 it would have cost me to park there. Maybe a couple of quid postage and that. Though one could argue that is an administrative cost, I supoose. SIP seem to be getting very court-happy at the moment. Hopefully people will stand their ground and defend! I can't believe they get away with this nonsense
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Oh dear if this gets to court and I lose, is there any chance I'd end up paying more than the £125 im being asked for?
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Well I've drafted my defence and intend to send it tonight once I get home. The ticket/invoice that was issued was ignored (as was the advice everywhere, including here at the time) but the court papers have not been ignored. Hopefully SIP will drop this case like they did with someone else's (which was pretty much exactly the same as my situation). Fingers crossed!
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Thanks all. I'm submitting my defence today - was rather busy yesterday. I've had a look on google maps and as I remembered there was NO signage AT ALL where the vehicle was parked - surely SIP can't ticket a vehicle where the motorist wouldn't realise it was a paid spot? You drive down the street and will only see the sign with T&Cs if you turn right onto the car park. If you were to drive straight ahead and park infront of the building you'd miss any signs totally. Surely they'd have to clearly signpost everything? The number of cars I've seen parked outside the building that have been ticketed is unbelievable. Clearly people don't realise it's pay and display in that area!
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They have not. No contact has ever been established
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And if I don't?
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I was in two minds about just paying and leaving it at that. I could really do without this right now, but that would be letting them win. Someone else had a similar situation to me over at MSE and their case was withdrawn by the PPC.
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I do have a name but I don't want to get anyone into trouble, as they always maintain that the car park is nothing to do with them and won;t get involved.
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Is this to be sent to SIP? Or the court? If it is the court, I could just do this online?
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No idea how permission was obtained! Was just told that the landowner rents out the land to the PPC. I don't have a photo of the sign but can probably source one from google street view? Re ignoring it, I did this because this was the advice given at the time when the PCN was received (Apr 2012)
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Exact facts: Car was parked at gym. Gym has a few spaces out front which are reserved for staff - was given permission from staff to park here as it was quiet and no one about (sunday morning). No sign was noticed where car was parked. Round the side of the building is the SIP car park. If car is parked here, ticket is always purchased. As car was parked in a reserved spot, saw no reason to purchase ticket (as well as no sign indicating these spots belonged to SIP). The gym rents the land off the landowner (obv) but the landowner also rents out the land to the car park to use. Where there is a sign, it was pretty high up. T&Cs (if any) were probably in very small text. Refer to themselves on the PCN as stop illegal parking, but on their website they are 'simple intelligent parking', as they are also on the BPA website.
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I tried to send you a PM but I'm not allowed to it seems and don;t want to give too much information on an open forum as I know PPCs frequent certain forums. Anyway, there was a sign round the corner but not on the part where the vehicle in question was, as this was a reserved space and not owned by the PPC (I was given permission to park here by the business on site). Therefore, no sign was seen.
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I posted this on MSE and Pepipoo but haven't had much help. In March last year my vehicle received a Parking Charge Notice and after reading advice on here and MSE chose to ignore it. Four months later a notice to owner was received. Several letters have now been received even received some stating PoFA which was not in place at the time of being sent the notice to owner. Now I've received county court claim forms and have logged into MCOL to defend it. Particulars of claim states that the terms and conditions were breached by not displaying a ticket. I now have 7 days left to submit my defence (I have already sent back a response saying defend in full) and ma panicking a lot! The driver has never been identified and no contact has been made with SIP. When the car was parked the sign stating these so called terms and conditions was round the corner from where it was parked so the sign wasn't seen, plus the car wasn't parked in what was considered to be their car park. I already know that SIP do not own the land and attempts to get in touch with the landowner have been fruitless. The building on site does not belong to the land owner so surely there was no loss of business. Also because the sign was not seen (I've since returned to the car park and the signs are really high up!) does this mean no contract was entered into? Please help! Also, do I submit a full defence, or just bullet points and build on it in a letter to the court?
