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SIP Parking Ltd ... Claim Issued

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  • #16
    Re: SIP Parking Ltd ... Claim Issued

    Originally posted by studly View Post
    Thanks @charitynjw

    The NtK is posted above at thread #3.
    I knew that I should have gone to Specsavers!
    Offence details and dates are redacted but I can provide these if you wish.
    Date of issue & date of sending would help. Did you guys keep the envelope?

    My partner's son will have a look for the PCN tomorrow but due to the age of it is unlikely to find it I think :-/
    ####
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #17
      Re: SIP Parking Ltd ... Claim Issued

      Originally posted by studly View Post
      Thanks [MENTION=5553]charitynjw[/MENTION]

      PCN was allegedly served on 1 Oct 16 @ 00:15 hrs
      NTK was sent on 7 Nov 16
      Morning! PCN and NtK details are above ... are there any similar defences floating around if any are applicable? Struggling to open the rtf defence documents on my mobile that have cropped up, doh!

      Comment


      • #18
        Re: SIP Parking Ltd ... Claim Issued

        Hi studly

        Are you saying that the parking event occurred on 1st October & the NTK was dated 7th November?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: SIP Parking Ltd ... Claim Issued

          Hi [MENTION=5553]charitynjw[/MENTION] ... that's right

          Comment


          • #20
            Re: SIP Parking Ltd ... Claim Issued

            Where exactly did the parking take place?
            In the car park?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #21
              Re: SIP Parking Ltd ... Claim Issued

              I believe so ... as opposed to where? The street?

              Comment


              • #22
                Re: SIP Parking Ltd ... Claim Issued

                Basically, yes, as opposed to on the street.

                If the car park, has it got a ticket machine and an attendant's kiosk?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: SIP Parking Ltd ... Claim Issued

                  I can only speak for what I know to be fact. We have a layby (OFF ROAD) but has a TRO running off the highway and into this layby. There is a snack bar unit located on the layby and she was issued with a PCN in 2014. She didn't pay the fine and had bailiffs visit her house, but no further action was taken to recover the costs. If your son has nothing of value i/e he lives at home and has no finances what can the baliffs extract from him.? Another point on laybys is that there is no regulations that govern parking restrictions and why our Council have provided three reasons for the TRO, none being legal. They have now tried to class it as a service or access road but there is a parking sign at one end. Their own TRO also states on the drawing.- LAYBY near the Hospital. Officialdom will always try and extricate themselves from any problem that they cause and are corrupt to the core. This will go to the police as even the PCNs are not valid and defective in content so they are .- "Obtainng finances through deception."

                  Comment


                  • #24
                    Re: SIP Parking Ltd ... Claim Issued

                    Thanks.

                    Clearly in the instant case, SIP believe themselves to be the rightful claimant for a breach of contractual terms, as they have initiated the court claim.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      Re: SIP Parking Ltd ... Claim Issued

                      [MENTION=5553]charitynjw[/MENTION] doesn't POFA require the exact address of the place of transgression? (PoFa 2012 Schedule 4 7 (2) (a)
                      If it does, just putting Walmer Street, Manchester won't be sufficient as there are at least three postcodes covering that street< M18 8QP | M14 5UX | M14 4AS |

                      Comment


                      • #26
                        Re: SIP Parking Ltd ... Claim Issued

                        Originally posted by des8 View Post
                        @charitynjw doesn't POFA require the exact address of the place of transgression? (PoFa 2012 Schedule 4 7 (2) (a)
                        If it does, just putting Walmer Street, Manchester won't be sufficient as there are at least three postcodes covering that street< M18 8QP | M14 5UX | M14 4AS |
                        Evening, Des.

                        Yep. On both the windscreen ticket & the NTK.
                        Plus the period of parking. Imho the description of the 'period' stated on the NTK isn't precise enough.
                        But then again, it's not me that needs convincing, it's the judge.
                        The other thing that would concern me a bit is that the PoC doesn't mention PoFA.
                        But it does try to tie the RK to the driver.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #27
                          Re: SIP Parking Ltd ... Claim Issued

                          Morning [MENTION=5553]charitynjw[/MENTION]

                          Checked on Google and the car park is quite a large designated area of land to the rear of a load of shops. There is both an attendants kiosk and ticket machine (according to the signs in the pic below), although at the time of parking I doubt very much anyone was in attendance!

                          Do we have any form of defence re: POFA then or should he just take the hit for this on the chin as a life lesson learned? :-/

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                          Comment


                          • #28
                            Re: SIP Parking Ltd ... Claim Issued

                            I must admit that I'm struggling to understand what happened here. The intimation is that a car was parked in a site that required payment, but no payment was made. (Don't answer that directly, or make any admissions, on here).
                            I'm not being judgmental........that's the judge's job!

                            Did you find out about whether or not there was a windscreen ticket?
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              Re: SIP Parking Ltd ... Claim Issued

                              Good evening,

                              Yes, it might well have been the case that no payment was made ... possibly due to a misguided assumption that these parking charges did not apply on the early hours (it was issued past midnight).

                              Tbh imo, there's no point in trying to portray it anything other than above ... the real issue is probably how to address the claim without obtaining a CCJ. I don't believe he would be able to settle any order within the 28 day period so would probably need to reach the stage where a Tomlin Order can be implemented?
                              [MENTION=5553]charitynjw[/MENTION] .... the original PCN is no longer available, if it was issued ... but I would make an assumption that it probably was.

                              Comment


                              • #30
                                Re: SIP Parking Ltd ... Claim Issued

                                You need to check all the documentary info for technical loopholes (Signage at site, Notice to Keeper etc).
                                Also, as it was nighttime, how well are the site signs illuminated.
                                CAVEAT LECTOR

                                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                                You and I do not see things as they are. We see things as we are.
                                Cohen, Herb


                                There is danger when a man throws his tongue into high gear before he
                                gets his brain a-going.
                                Phelps, C. C.


                                "They couldn't hit an elephant at this distance!"
                                The last words of John Sedgwick

                                Comment

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