SIP Parking Ltd ... Claim Issued

[charitynjw]

Re: SIP Parking Ltd ... Claim Issued

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 :-/

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[studly]

Re: SIP Parking Ltd ... Claim Issued

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!

[charitynjw]

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?

[studly]

Re: SIP Parking Ltd ... Claim Issued

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

[charitynjw]

Re: SIP Parking Ltd ... Claim Issued

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

[studly]

Re: SIP Parking Ltd ... Claim Issued

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

[charitynjw]

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?

[completeidiot]

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."

[charitynjw]

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.

[des8]

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 |

[charitynjw]

Re: SIP Parking Ltd ... Claim Issued

@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.

[studly]

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? :-/

[charitynjw]

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?

[studly]

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.

[charitynjw]

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.