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SIP PCN in the car park for my flat.
Sbeezy
post Fri, 21 Sep 2018 - 14:07
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First time poster so if I'm missing something apologies.

A few weeks ago I was given a ticket outside my flat by SIP who manage the car park.

I have lived there 4 years and only had to register with them before but they said they changed their policy.

Sent them a photograph of my permit and asked for proof it wasn't displayed. They ignored my request and the photograph but said I should get the building management to contact them to resolve.

"Please ask (management company) to contact us regarding this PCN to provide confirmation that you are entitled to a permit and that the charge should be cancelled. At this moment we have no evidence of this so the charge will stand until the above is completed."

Even though I sent them a photograph of the permit on the email they replied to...

According to the management company they have done that but I have now had a letter saying they will recover costs if I don't pay up £100.

They have provided no contact number and the reply I received is from a no reply address. If I try to sent them another email via the SIP website it says the PCN number is closed out and won't let me send, so I'm not sure what I should do here?

Any advice would be appreciated.
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post Fri, 21 Sep 2018 - 14:07
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Eljayjay
post Fri, 21 Sep 2018 - 14:24
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Are you the leasehold owner of the flat?

Or are you, for example, the tenant of a buy-to-rent landlord?
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Sbeezy
post Fri, 21 Sep 2018 - 14:32
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I believe I am the leaseholder.

The flat is in my name and I live there.

(As in I have a mortgage on it and own it)

This post has been edited by Sbeezy: Fri, 21 Sep 2018 - 14:41
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bearclaw
post Fri, 21 Sep 2018 - 15:08
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You need to get the lease out and find out everything that it has to do with parking. Do you have the right to use any car parking space, or do you have a particular space that is demised to your flat specifically?
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Eljayjay
post Fri, 21 Sep 2018 - 15:34
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In readiness for what may come, I need you to post your lease for your flat (after redacting any personal data) as a pdf file. Due to its size, you will almost certainly need to upload the file to another website and post links here.

I shall happily go through your lease and provide a write-up on it.

You may now ignore anything up to a letter of claim/letter before claim/letter before action - they are just different names for the same thing. You must very definitely respond to that - you will ask for lots of information and documents. The parking contractor will almost certainly not be able to provide the information and documents which will demonstrate that they have no right to charge for parking in your parking space - I am assuming here that you have an allocated parking space but do not worry even if you do not.

I shall happily draft the response to the letter of claim for you.

What may happen next is that you will receive a formal claim through MCOL (Money Claim Online). The first thing to do in response to the formal claim is to acknowledge service of it within 14 days through MCOL (but do not enter anything as your defence at that stage). Acknowledging service gives you a little over a month from the date of claim to submit your defence and your counterclaim (see below).

I shall happily draft your defence and counterclaim for you.

You will receive a Directions Questionnaire from the Claimant. You will then need to complete your own Directions Questionnaire to give various information to the Court and the Claimant.

I shall happily provide some guidance on how to answer the DQ's questions.

Following completion of the DQs, your case will almost certainly be allocated to the Court of your choice (as stated on your DQ) or a nearby alternative. The Court will then write to you. Normally, the Court will give you a hearing date and tell you the date (normally two weeks prior to the hearing) by when you must provide your bundle, i.e. witness statement and exhibits (e.g. the head lease, your tenancy agreement, copies of relevant correspondence and so on). Between submitting your bundle and the hearing date, if you wish, you may submit a statement of legal arguments.

I shall happily draft your witness statement and statement of legal arguments for you.

What the Claimant may try to do very late in the day is discontinue their claim. That can leave matters hanging over your head. You can avoid being left in limbo by making a counterclaim. By doing so, regardless of what the Claimant does, the case must be heard.

Claims against leaseholders are usually very defendable. You have a very good chance of not only successfully defending claim but also winning the counterclaim.

But now let us go back to the beginning. You get the lease posted and I shall then get reading.

Based on what the lease says, I propose that you then send an email or letter to the Management Company and, perhaps, the parking contractor asking them some very difficult questions.

I shall gladly draft that letter for you.

This post has been edited by Eljayjay: Fri, 21 Sep 2018 - 15:35
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Sbeezy
post Mon, 24 Sep 2018 - 11:45
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Thank you. I will get a copy uploaded ASAP.
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