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    • DiegoFuego
    • By DiegoFuego 4th Aug 16, 12:22 PM
    • 46Posts
    • 21Thanks
    SCS Law Letter before claim for multiple PCNs-over £1000!!
    • #1
    • 4th Aug 16, 12:22 PM
    SCS Law Letter before claim for multiple PCNs-over £1000!! 4th Aug 16 at 12:22 PM
    Hi all

    A few weeks back I received a letter from SCS Law on behalf of UKPC for multiple PCNs for overstaying in a free car park. The letter claimed to be a letter before claim. The total claim was over £1000 including fees added on per ticket.
    The dates of the PCNs range from early 2015 and one earlier this year.

    I have read the Newbies thread and followed the advice and sent the initial letter to SCS Law as recommended by the thread which tells SCS law that their letter is insufficient according to the Practice Directions. The guidance said to expect a template letter but the letter I received looked tailor made and they also sent a pack containing photos and letters which I didn't expect at all.

    I haven't seen any other advice but I wanted to be sure that the advice in the thread regarding responding to Letters before claim was still up to date (have the practice directions changed for example) and whether to still follow through with the second letter as described or if any of you have any other advice that could help?

    Many many thanks.
Page 6
    • Lamilad
    • By Lamilad 17th Jul 17, 7:32 PM
    • 1,312 Posts
    • 2,609 Thanks
    Great stuff, second victory I know of today, although, disappointingly neither one awarded costs.

    Looking forward to your report
    • DiegoFuego
    • By DiegoFuego 23rd Jul 17, 4:30 PM
    • 46 Posts
    • 21 Thanks
    Hi all!

    Apologies for the delay. I have an impending exam I am revising for so have been very short on time.

    My case was at Clerkenwell Court in London. I didn't note down the name of the judge but from what he said and a quick glance at the schedule for the day, plenty of parking cases go through that court so the judges seem quite experienced. I didn't note down the name of UKPCs rep but he was a qualified solicitor/barrister so it seems they were quite serious about my case.
    My experience was a strange one. The court had lost both of our evidence files so they had to be copied and reprinted for the judge to study. The person who had signed the witness statement for UKPC didn't show up which irked the judge somewhat but we carried on with the case.
    The judge immediately picked up on a passage in their witness statement which said spoke about the contract giving UKPC authority to issue tickets and bring court proceedings in its own name. The passage described the contract which gave them authority and said that it would be available on the day if requested by the judge. The judge was not pleased by this and requested the contract before we could start on any other evidence as without it, he would adjourn or even strike the claim entirely. The solicitor gave the contract to me and the judge and he requested a short break to study it.

    After 10/15mins, we returned and the judge was unimpressed by the contract and for good reason. It looked unprofessional, it was missing parts, it looked as if it could have been written by anyone and it wasn't even the same contract as referenced in the witness statement. The solicitor said that this is all he had been given and could produce nothing else but he understands that there may be further parts to the contract that can be produced at a later date.

    At this point the judge asked my opinion and I fully objected to an adjournment as this court date has been known for months, it should be known by them to produce the correct evidence that gives them authority and I have been asking for this contract in my Defence statement and in correspondence with them since this court action began. I said that I had got all my defence together and I am representing myself so it doesn't seem fair to give them many chances at this. Luckily, I had included this correspondence in my pack and the judge could see that I had been asking for it from the beginning.

    The judge agreed that a "professional" organisation such as UKPC/SCS should know to bring this evidence, further compounded by the fact I had requested it earlier and he was not minded to give them bite at the cherry with an adjournment. Without the contract the claim failed at the first hurdle. He struck it out immediately!

    My tips are to ask for everything from the other side that you feel may help your case and ask for it EARLY!

    Also the authority for the parking company to bring court action is very important and they must prove it. If they cannot, you must not be shy and hammer this point and you can have a very short case and a happy result.

    (Another small point - the judges really really do appreciate an organised evidence file! My last minute photocopied evidence was not well received!)

    Good luck all and thank you!

    I asked for costs and he declined as he says that this is given only when the other side has been unreasonable. I am not sure if that's right but I was so happy I just wanted out of there.
    • Coupon-mad
    • By Coupon-mad 23rd Jul 17, 6:53 PM
    • 54,836 Posts
    • 68,504 Thanks
    Very well done again and thanks for the update with your ''court report''.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Redx
    • By Redx 23rd Jul 17, 7:04 PM
    • 17,451 Posts
    • 21,906 Thanks
    yep, well done , an 11 month marathon , that went from wet behind the ears to winning in court with help from the regulars here

    given that several pcn,s were involved with a total claim of over a grand , its a good win and shows just how incompetent these "professional" people can be

    they appear to have snatched defeat from the jaws of victory due to not having a proper contract in place or to show you or the judge

    hence no locus standii , case struck out

    must have cost them a few hundred all told , for nil payback
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • IamEmanresu
    • By IamEmanresu 24th Jul 17, 6:48 AM
    • 2,102 Posts
    • 3,762 Thanks
    Interesting that UKPC are still playing "hide the contract". Seems to be the only trick they know.

    Again points to asking for information directly or via a SAR as early in the process as possible.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • The Deep
    • By The Deep 24th Jul 17, 7:59 AM
    • 8,513 Posts
    • 7,902 Thanks
    The Deep
    I asked for costs and he declined as he says that this is given only when the other side has been unreasonable.

    I would be inclined to press the matter of costs. Presumably this cost you in terms of postage, photocopy, attendance, travel parking and, most of all, time. Why should you be out of pocket?

    Surely the behaviour of the other side has been "unreasonable" here.

    According to Wiki In the law of Negligence, the reasonable person standard is the standard of care that a reasonably prudent person would observe under a given set of circumstances. An individual who subscribes to such standards can avoid liability for negligence.

    I think the PPC has failed this test, as the case was struck out in short order.r
    Last edited by The Deep; 24-07-2017 at 3:41 PM.
    You never know how far you can go until you go too far.
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