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#Post#: 59843--------------------------------------------------
SIP car park- insufficent fee paid- now County court claim
issued
DIR By: Rumaan246
Date: February 27, 2025, 4:08 am
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I received a payment overdue letter on 13/10/2022 with a fee of
£115; for insufficient fee paid on 31/8/2022. It referred to a
Notice to Keeper sent on 6/9/22, which I didn't receive, nor was
a ticket placed on the windscreen. I ignored this as I thought
it was a scam as no details on letter. Subsequently, 2 more
letters fortnightly with additional charges to £160- again
ignored.
On 9/11/2023 received another letter for £100 due- I then
emailed SIP car parks to appeal and get further details, they
sent a copy of the first letter sent dated 6/9/22 and photos of
signs. They confirmed 2 hours were paid, 26 mins overstay
(including 10mins grace period). They then sent a letter stating
no further direct communication will be made. I was not the
driver, but am the registered keeper named on V5C for the
vehicle. I felt these charges for the overstay were just
extortionate!
Now, I have a county court claim for money- issued 30/1/2025.
Acknowledgment of service sent on 8/2/25 via Moneyclaim.gov.uk
website.
I believe I must submit a defence before 4pm 4th March 2025, and
have been looking at previous defence letters that have been
adviced on this forum- of CPR 16.4 POC inadequate- will that
apply in my circumstance?
I would appreciate your help to formulate a defence. Thank you
in advance
I have attached the claim form with details redacted.
[attachment deleted by admin]
#Post#: 59855--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: Dave65
Date: February 27, 2025, 5:24 am
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Did you get a copy of the original PPN?
If so can you post it up?
#Post#: 59860--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: Rumaan246
Date: February 27, 2025, 5:38 am
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Yes- I've attached the copy they sent through 1 year later.
[attachment deleted by admin]
#Post#: 59876--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: b789
Date: February 27, 2025, 8:17 am
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With an issue date of 30th January, you had until 4pm on Tuesday
18th February to submit your defence. However, as you submitted
an Acknowledgement of Service (AoS) before then, you now have
until 4pm on Tuesday 14th March to submit your defence.
I will get back with an appropriate defence after I've had a
chance to review the PoC and the NtK.
These are the points I am reviewing:
[indent]1. The PoC do not sufficiently set out the legal basis
for the claim beyond a vague reference to a "contract" and
Protection of Freedoms Act 2012 (PoFA) Schedule 4.
2. The PoC references "the Sign" but does not specify the exact
terms breached or provide a description of the key contractual
terms. No evidence is provided to show how the driver or keeper
was bound by these terms.
3. The PoC also fail to clearly identify the liable party. It
vaguely asserts that the charge was incurred by the "driver
and/or registered keeper," which is contradictory. If the
Claimant is relying on PoFA 2012 to hold the keeper liable, the
PoC should explicitly state that the keeper is liable under
Schedule 4 and that the necessary conditions have been met.
4. If the claim is against the driver, the identity of the
driver must be pleaded, or the Claimant must state the basis for
assuming the keeper was the driver (VCS v Edward (2023)).
5. The £60 "debt damage costs" must be justified, as the Supreme
Court case ParkingEye v Beavis [2015] UKSC 67 made clear that
only genuine pre-estimated losses or agreed contractual sums can
be recovered. If the £60 is claimed as damages for breach, the
PoC must explain the legal basis for adding this sum.[/indent]
#Post#: 59879--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: b789
Date: February 27, 2025, 8:33 am
---------------------------------------------------------
Having just discussed this with a district judge, they are in
agreement that the PoC do not comply with CPR 16.4 for the
reasons already stated.
So, here is the defence and link to the draft order that goes
with it. You only need to edit your name and the claim number.
You sign the defence by typing your full name for the signature
and date it. There is nothing to edit in the draft order.
When you're ready you combine both documents as a single PDF
attachment and send as an attachment in an email to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim
number must be in the email subject field and in the body of the
email just put: "Please find attached the defence and draft
order in the matter of SIP Parking Ltd v [your full name] Claim
no.: [claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> SIP Parking Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 1. The Defendant denies the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
adequately disclose any comprehensible cause of action.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4.
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](a) The contract referred to is not detailed or
attached to the PoC in accordance with CPR PD 16(7.5);
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
>
> (c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts)
>
> (d) The PoC do not state with sufficient particularity
exactly where the breach occurred, the exact time when the
breach occurred and how long it is alleged that the vehicle was
parked before the parking charge was allegedly incurred;
>
> (e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without
specificity.[/indent]
>
> 4. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR 16.4.
The judge noted that the claimant had failed to:
>
> [indent](i) Set out the exact wording of the clause (or
clauses) of the terms and conditions relied upon;
>
> (ii) Adequately explain the reasons why the defendant was
allegedly in breach of contract;
>
> (iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
>
> (iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather
> than permitting an amendment.[/indent]
>
> 5. The Defendant submits that the same reasoning applies in
this case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4.
>
> Statement of truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0
#Post#: 59940--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: Rumaan246
Date: February 28, 2025, 3:34 am
---------------------------------------------------------
Thank you so much for your reply.
Apologies if this is basic, I just wanted to clarify how best to
do the following:
"When you're ready you combine both documents as a single PDF
attachment and send as an attachment in an email.."
Would it be fine to Copy past the defence and in the same
document (new page) paste the draft order and save as PDF? Does
the draft order need a title/ eg appendix/"copy of draft order"
or just keep it as it is.
#Post#: 59947--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: b789
Date: February 28, 2025, 4:51 am
---------------------------------------------------------
In an ideal world, you'd save the draft order as a Word document
(.docx or .doc) and you'd include the header so that the judge
can just amend the document and then sed it out. However, I
haven't gotten around to doing that yet. On my to do list.
FOr now, you can simply combine the defence and the draft order
into a single document and save as a PDF.
#Post#: 66354--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: Rumaan246
Date: April 9, 2025, 1:54 pm
---------------------------------------------------------
Hi all. I completed the directions questionnaire a couple weeks
ago as per advice on this forum and put in the dates I was not
available.
They have now emailed to give a mediation appointment when I am
away! I emailed to say that I am out of the country on that date
and requested rescheduling, but they declined saying they can't
delay the appointment unless there are exceptional
circumstances! They have said a representative can answer the
call on my behalf.
I would welcome some advice for my representative- what should
their response be for mediation?
The guidance notes state "review the defence and clarify the
claim..."
and
"Its vital that you have prepared for the mediation by putting
together a summary of your opening position... ."
What would you advice to say and prepare for the mediation call
in light of the above, and especially so that I can prep my
representative.
Thank you
#Post#: 66360--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: b789
Date: April 9, 2025, 2:12 pm
---------------------------------------------------------
Tell your representative that all they have to do is offer £0
and that is it. It will be over in minutes. They are not obliged
to discuss their defence to a mediator who is not legally
trained. Everything in the mediation is without prejudice and
cannot be used in court. It is not a part of the judicial
process, No judge or lawyer is involved.
If the mediator tries to suggest anything about an outcome if
you (or your rep) don't offer anything then make a note and
submit a formal complaint. You won't be the first.
#Post#: 81521--------------------------------------------------
Re: SIP car park- insufficent fee paid- now County court claim
issued
DIR By: Rumaan246
Date: July 17, 2025, 5:33 pm
---------------------------------------------------------
Hi,
I have recieved a notice of allocation to small claims track a
few weeks ago- with a deadline for claimant to submit fee/ and
to submit a witness statement and all documents to rely on at
the hearing by 4pm on 22nd July 2025 to the court and to the
claimant.
I have not yet recieved any witness statement from the claimant.
I'd appreciate help in what to include in the witness statement,
as well as any documents which should be included.
I used the defence as advised earlier- do I rely on the defence
statements ie non compliance with CPR 16.4.
Or
Would I base my witness statement on the series of events- such
as the first letter being recieved later than 28 days and
without details and not fulfilling the conditions of PofA 2012,
para 7(2) (c) and 8 (2) (c) about insufficient fees paid-
"...the notice should specify the remaining unpaid amount".
Would I also attach a copy of my appeal letter? Photos of the
site? What other documents would need to be attached.
Many Thanks in advance.
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