SCS Law - PLEASE HELP!

PaulH91 · 9 June 2016 at 8:02PM

Post edited - Query has been answered, thank you.

bod1467 · 9 June 2016 at 8:03PM

Have you searched this forum for SCS? They appear here in threads quite regularly.

PaulH91 · 9 June 2016 at 8:25PM

Yes, not really seen anything similar to what I'm looking for though, just finding threads about County Court and ScS law?

salmosalaris · 9 June 2016 at 8:48PM

They will issue a claim
You need to formally reply
Acknowledge their letter before action
Request
a. Copies of all previous paperwork
b. The legal identity of the landowner
c. The legal identity of the party that contracted with UKPC
d. Evidence that UKPC has the authority of the landowner to litigate in their own name
e. A copy of the sign that forms the alleged contract with the driver

Demand a reply within 14 days and advise you will provide your full reply to their letter before action once the information is received

Coupon-mad · 9 June 2016 at 11:17PM

Try searching 'UKPC Court' and read the cases we've assisted on since March where there were quite a flurry, only one or two of which, that I can recall, has proceeded much further. As salmosalaris says, this will result in a claim, probably.

At this stage you should respond to SCS and state that you are the registered keeper and have seen no evidence that the occupants of the car 'left the site' if that is the allegation, which you are gleaning from a previous UKPC letter. The reason you did not respond was because UKPC were exposed in the papers as using fraudulently altered evidence to try to extort PCN money from innocent motorists and were banned by the DVLA from receiving/using keepers' data for a long time in 2015.

Seeing as there has been no evidence shown to you as keeper, of any alleged contravention actually occurring, you cannot see that UKPC have a cause of action. If they think they do and can evidence the same, then you require that evidence by return along with an explanation as to how the figure demanded has been arrived at and photos of the signs to show the alleged 'contract' that resulted in such a disproportionate demand. Remind them that the driver has never been established and evidence of that person and them leaving the site would be required because under the POFA 2012, keepers are certainly not obliged to name the driver and the onus is upon the parking firm to comply with the statute in full if they are seeking 'keeper liability'.

DO NOT CONTACT 'MIKE', NOR SHIRLEY NOR ANYONE ELSE AT UKPC. NO PHONING THEM UP.

EDIT YOUR FIRST POST TO REMOVE TALK OF WHO MIGHT HAVE PARKED...AND WHERE THEY MIGHT HAVE BEEN...

PaulH91 · 12 June 2016 at 12:57PM

I have drawn up the following which I will copy into a letter and send 1st class tomorrow to ensure I comply with their 14 days response. Would this be ok? would you alter anything?

I have edited my first post as far too much info was given - In short, I have received 2 parking tickets as the registered keeper by UKPC for the reason that 'occupant left site', I had ignored these but have now received a 'letter before claim' from SCS Law demanding £480.00 and feel I should now acknowledge them.

Heres what I have:

"
Your Reference: <SCS Law ref>

Acknowledgment of Service

Dear Sirs,

I am writing with response to your letter dated: <Date here>

I am the registered keeper of car reg: <Car reg here>

I have not seen any evidence that the occupants of the car 'left the site', if that is the allegation, which I am gleaning from a previous UKPC letter. The reason I have not responded was due to UKPC being exposed in the papers as using fraudulent altered evidence to try and extort PCN money from innocent motorists and were banned by the DVLA from receiving/using keepers' data for a long time in 2015.

Seeing as there has been no evidence shown to me as keeper, of any alleged contravention actually occurring, you cannot see that UKPC has a cause of action. If however they do and can evidence the same, then I require that evidence by return along with an explanation as to how the figure demanded has been arrived at and photos of the signs to show the alleged 'contract' that resulted in such a disproportionate demand.

I remind you that the driver has never been established and evidence of that person and them leaving the site would be required, because under the POFA 2012, keepers are certainly not obliged to name the driver and the onus is upon the parking firm to comply with the statute in full if they are seeking 'keeper liability'.

Further to this, I request the following:
A) Copies of all previous paperwork.

The legal identity of the landowner.
C) The legal identity of the party that contracted with UKPC.
D) Evidence that UKPC has the authority of the landowner to litigate in their own name.
E) A copy of the sign that forms the alleged contract with the driver.

You are to reply within the next 14 days, and I will provide my full reply to your letter before action once the information noted above has been received.

Yours faithfully,
"

Coupon-mad · 12 June 2016 at 6:21PM

Seeing as there has been no evidence shown to me as keeper, of any alleged contravention actually occurring, I cannot see that UKPC has a cause of action.

Just one change suggested from me, to your wording as shown above.

But you could add that the courts expect all parties to exchange full information and that court action should be a last resort. You could add that the lack of any evidence whatsoever renders the 'Letter before Claim' a form of intimidation and clearly not a document intended to disclose key evidence or documents, in any genuine attempt to be compliant with the Practice Direction:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1

Objectives of pre-action conduct and protocols
3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.

Steps before issuing a claim at court
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and
(c) the parties disclosing key documents relevant to the issues in dispute.

Re the ADR idea, it would be reasonable for you to suggest POPLA at this stage and say that you know there is NO time limit on a POPLA code being issued and that forms of ADR must be made available for 12 months. You will not get POPLA but it looks reasonable for you to suggest it!

PaulH91 · 24 June 2016 at 6:06PM

Thanks for all your help Coupon-Mad, since sending my letter on 12th June, I have walked into my home today to find a lovely packaged envelope from SCS Law with various photos of my car and their signs with the following letter, hoping someone could help with following steps..

We write further to your letter dated 12th June.

Parking wardens employed by our client witnessed you park your vehicle at "..." without utilising the facilities of the shopping centre. 24 hour CCTV footage is in operation at the site and this will be relied upon to evidence you having left the site, in breach of the terms and conditions of parking, should this become necessary. In any event, the opportunity for you to appeal the parking charge notices arose upon each being issued, and the appeal periods in respect of each contravention have now expired.

The terms and conditions of parking were clearly displayed on signage at the site. This made clear that the terms and conditions applied to parking, detailed the same and that, in the event of a breach of the terms, a charge of £100.00 would be issued against the driver of the vehicle in breach. The terms and conditions further detailed that a further charge of £60.00 would become due and owing in the event that an issued parking charge notice remained unpaid and was referred to the Claimants debt recovery agent.

Our client issued parking charges against the vehicle with the registration "..." Upon each contravention taking place. Your details as the registered keeper of the vehicle were then obtained from the DVLA.

A 'notice to keeper' informing you of each parking charge notice was sent to your registered address pursuant to Schedule 4 of the Protection of Freedoms Act 2012. As you did not inform our client that you were not the driver of the vehicle within 28 days of the 'notice to keeper' being sent, the operation of the 2012 Act was such that you were taken to be liable for parking charge notices.

Our client managed parking at the site pursuant to a contract authority on the Claimant to levy parking charges on vehicles parked on the site in breach of the terms and conditions of parking. The contract further authorised the Claimant to take such action it considered appropriate (including bringing court proceedings) to recover unpaid parking charges. As such, the Claimant is entitled to bring court proceedings in its own name.

Please find enclosed copies of the parking charge notices, correspondence sent to you previously, and photographic evidence of your parking contraventions. For reasons of commercial sensitivity, our client will not be providing you with a copy of its contract with the landowner. However, a copy may be provided at a hearing, should this matter proceed to that stage and should a judge deem it necessary.

Yours sincerely

SCS Law

Any help on next steps would be greatly appreciated, especially the part regarding the notice to keeper. May I also note, although they have multiple signs which they claim are "clearly displayed" detailing the terms and conditions, they are not. I found there photo proof of the sign almost laughable. All their signs are on lamp posts about 7-8 foot in the air, and the writing is very small.

Might I further add, today, I also received two letters from "Debt Recovery" offering me a "reduced payment prior to court proceedings.

Regards,

Quentin · 24 June 2016 at 6:16PM

You can ignore all debt collector letters

Coupon-mad · 24 June 2016 at 6:17PM

24 hour CCTV footage is in operation at the site and this will be relied upon to evidence you having left the site,

No it won't because that's illegal use of CCTV and an idle threat if ever I read one (and boy have I read some, from some idiots).

The CCTV will be owed by the landowner and use and storage of CCTV data is strictly regulated by the ICO. It is there for security and can't be passed around to an agent who wants to rip someone off months later over a PCN!

Not only that...come on, any footage (if it ever existed) will have been wiped within the week, back in the month of the PCN! It is NOT going to exist now and it is NOT able to be passed to a scumbag parking firm for other uses. UKPC have no CCTV and no access to it.

It is actually quite funny to read that threat; it's all hot air. That always makes me laugh. Idle threats make me think the writer must be desperate and can go swivel and be safely blanked.

May I also note, although they have multiple signs which they claim are "clearly displayed" detailing the terms and conditions, they are not. I found there photo proof of the sign almost laughable. All their signs are on lamp posts about 7-8 foot in the air, and the writing is very small.

Yes, you can certainly note that and you are 100% right - we know about UKPC pale blue/white signs and the small print, incapable of being read before parking.

It can usually also be argued that no contract was offered to 'unauthorised' vehicles (if it comes down to a defence, like here):

http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html

You can ignore all debt collector letters

This is true, umpteen thousand threads exist all boring the socks off the regulars here, wittering on about 'scary latters'. No more please!

Castle · 24 June 2016 at 6:21PM

Send a Subject Access Request and ask for a copy.

SCS Law - PLEASE HELP!

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