SCS Law letter received regarding outstanding fines. Please help!

Doodakoff

Hello,

I am posting on behalf of my partner.

My partner works for a company which is situated on a carpark owned by Britannia Parking.

Today (28/04/2017), she has recieved a letter from a company called SCS Law R.E Debt owed to Britannia Parking Group LTD.

It states that my partner owes over £3,000 from unpaid fines, and unless payment is made withing 14 days, we are instructed to issue court proceedings to recover the same and any of our client legal costs, without further recourse to you.

I am incredibly worried that there may be no way back from this due to the amount of the fines. My partner is stressed beyond belief and I am desperately trying to keep a level head.

We are currently awaiting a move in date for our first home and the only way of payment at this time is taking it out of my deposit, which would mean we won't buy our home.

I really, really do not know what to do and I would greatly appreciate any help offered.

The_Deep

If they did take this to court and won they would be unlikely to be awarded more than £1,000, but would they/could they win a court claim? Unlikely, read this

http://www.bmpa.eu/companydata/Britannia_Parking_Group.html

Doodakoff

Wow, those figures have made me feel slightly better.

It states payment is required within 14 days. I don't want to ignore this letter she has received so I am looking for a letter template that will hopefully fix this.

bargepole

The_Deep wrote: »

If they did take this to court and won they would be unlikely to be awarded more than £1,000, but would they/could they win a court claim? Unlikely, read this

http://www.bmpa.eu/companydata/Britannia_Parking_Group.html

Not sure where you got the £1,000 figure from, if they issued a claim for £3,000+ and won, they would be awarded the whole amount.

Having said that, they have only had one court case in 2017, but they may well feel it's worth a punt for a significant amount.

To the OP: The key thing here is what arrangements your partner's employers have with the owners of the car park. See this case: http://parking-prankster.blogspot.co.uk/2017/03/ukpc-lose-claim-employee-entitled-to.html

bargepole

Doodakoff wrote: »

... I am looking for a letter template that will hopefully fix this.

There isn't one.

You misunderstand the nature of private parking companies and the low rent solicitors who do their dirty work.

They are only interested in one thing, and that is gouging as much money as possible from a gullible public. They don't even bother reading any letters which go against this principle.

Doodakoff

I have contacted the employers and they have no arrangement what so ever.

This is such a large amount of money that I am so worried it will go to court.

To Bargepole: What would you suggest I do? Due to the nature of the letters and how it is making my partner feel, I would rather just pay out and have it all behind us. It's concerning me just how much it is effecting her.

The_Deep

Would Britannia/SCS Law not pursue this further due to the amount of tickets she has ignored

They have so many hurdles to jump, contract, standing, signage, timeliness, read the PoPLA thread at the top of the page and see how they fall. Even if they win at PoPLA, they still have to convince a judge. In my opinion they would have little chance in front if a judge, read some of these.


https://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=Britannia+parking+ticket&gws_rd=ssl#spf=1

Umkomaas

I am looking for a letter template that will hopefully fix this.

Sorry, but that's cloud cuckoo land. A template to quick-fix a £3 grand claim?

The only thing that will fix this is likely to be a very strong defence in the county court. I don't think there'll be any bluffing on the part of Britannia or SCS Law with the size of that claim.

Your wife will have to defend this (or you on her behalf as a lay rep - she has to attend too). You're going to need to do a lot of research to get a firm grasp on private parking and contract law. Start by reading the NEWBIES FAQ sticky, post #2 which talks you through the small courts process.

At the moment I would say that what you have is a debt collector letter, but my instinct is that the next one will be a LBC.

Whatever you do, do not ignore that or subsequent court papers as a default judgment for the whole amount will become payable.

My view is that you need professional help - but that costs - although there are very few professionals who know anything about private parking law.

Wait to see what other views come forward. The BMPA might be able to help, you could contact them here:

http://www.bmpa.eu/court_wizard/index.html

Doodakoff

To Umkomaas: Thank you for your rpely. The letter she has recieved from SCS Law states:

Please note that this letter is to be considered a letter before claim for the purpose of the Practise Direction on Pre-action conduct.

Is this a formal letter before claim?

Redx

I would treat it as an LBC if it says those exact words

therefore you would reply and rebut and refute the alleged debt, so always reply to an LBC

Umkomaas

Doodakoff wrote: »

To Umkomaas: Thank you for your rpely. The letter she has recieved from SCS Law states:

Please note that this letter is to be considered a letter before claim for the purpose of the Practise Direction on Pre-action conduct.

Is this a formal letter before claim?

I'd definitely treat it as such.