SCS Law letter received regarding outstanding fines. Please help!

Doodakoff

Do we have a case to rebuke the LBC? The fines she received have photo's attached of the driver entering and leaving the car park.

The way I see it is they have such a clear and strong case and the money is that high, I can see it going to court or paying the fine

All of this occurred over a period of time as its her place of work.

Umkomaas

If you pay it, you go down without any fight. If you go to court, you have a chance to defend your case - if you lose the worst you'll come off is £3k, but you might be able to persuade the judge that some of their invented costs are not admissible and you could end up paying less than £3k. On the other hand you might just win - and pay nowt, with Britannia having to pay your costs.

Contact the BMPA and seek some advice there too.

Redx

8 parking charges at £100 a pop is at most £800 , plus costs , so you would expect a grand at the most , so not the 3 grand they have inflated it to

so even if you lost in court its likely that as long as you object to all the inflated costs a judge may award a much lower figure

so only a fool would pay the 3 grand

if you want legal advice this isnt the place , but if you want good advice then it is the place to a certain extent

nobody can predict the outcome of a court case, only a fool would try , especially without all the facts , legal documents , contracts , pictures of signage and all the rules and laws and transcripts made available

Coupon-mad

Doodakoff wrote: »

Do we have a case to rebuke the LBC? The fines she received have photo's attached of the driver entering and leaving the car park.

The way I see it is they have such a clear and strong case and the money is that high, I can see it going to court or paying the fine.

Really? Paying it now? THAT MUCH!!!!!!!!!! :eek:

And what about the POFA 2012? The small matter of keeper liability. Britannia can't hold a keeper liable, they only know who the keeper is.

Even if the defendant lost this, as Redx has pointed out, the chances are they would actually pay far LESS than is being claimed. That's one good reason to stop panicking and start getting ready to defend. For that money I think they might try a punt and we know SCS Law act for UKPC and Smart, and do win a few claims - but again, unlikely to be quite the inflated figure they've got over-excited about.

So, search this forum (NOT MSE, just this forum) for 'LBCCC dear sirs' and you will find examples of LBCCC responses people have written. Expect a claim and expect to have a good chance to win as keeper; this is worth fighting not folding.

Britannia signage is also often VERY sparsely placed. I cannot agree that it is ever clear!

Not sure what you mean by a car park OWNED by Britannia - I don't think they own any.

henrik777

The LBC stage is quite important as it gives you a chance to request information. You need the information to defend properly. PCN, signs and contracts are the keys.

SCS law got spanked in a 9 ticket case with a different operator last week. The defendant wasn't high on my list of "they'll do well in court" so i was pleasantly surprised. The evidence SCS Law provided was horrendous. Only 7 of the 9 tickets were included in evidence and 6 of the 7 them were in a different car park than the site plan. Professional is not a word i'd use to describe them.

You can defend yourself if you gather evidence and prepare to put in some effort and thought. The MSE guys are very good and i'm sure they'll keep you straight.

The_Deep

8 parking charges at £100 a pop is at most £800 , plus costs , so you would expect a grand at the most , so not the 3 grand they have inflated it to


I agree entirely, but the esteemed Bargepole thinks otherwise.

Doodakoff

Firstly can I say a huge thank you to all replies. I have spent the time since my first posting researching.

I am currently in the process of drafting up my response to the LBC.

I have been following the guide posted by zzzLazyDaisy back in 2013 and specifically focused on the Practise Direction as I believe they are in breach of it. (I am however not sure if this forum post is now out of date but it has been of help).

I am now looking into what Coupon-Mad has stated in relation to Keeper Liability as I have not seen that before.

In relation to the inflated price - The LBC documents separate tickets. This is where the high figure has come from. I am unsure if it is inflated although I believe they were originally £60 before adding on an additional £100 for missing the payment deadline.

My first action will be to appeal the tickets. I will then complete my response and hone my defence.

Again I must reiterate how appreciative I am of all these responses. I shall continue to research as I have 5 more days to draft this reply and have it posted.

safarmuk

I would post your first draft up ASAP so it can be reviewed by the forum experts and tweaked if necessary. As usual remove all reference to personal information or any information that would identify you or anyone else.

Marktheshark

The practice direction thread wasted months of everyones time and never brought fruit, judges dont care what directions they ignored.

Concentrate on a sound defense.
have the solicitors asked you to pay them or pay the client.
If they have asked you to pay them ask them to provide a copy of the credit collection license and proof of claim such as a a signed deed of assignment for the debt.

bargepole

The_Deep wrote: »

8 parking charges at £100 a pop is at most £800 , plus costs , so you would expect a grand at the most , so not the 3 grand they have inflated it to


I agree entirely, but the esteemed Bargepole thinks otherwise.

Not quite. What I said was if the claim was for £3k, and if the Judge awarded the entire claim, that's what the Defendant would have to pay.

But the defence argument should include the point you've made above, and *some* Judges may disallow the extra made-up "costs".