SCS Law letter received regarding outstanding fines. Please help!

Loadsofchildren123

At i I think you should say "The identity of the owner of the land is not confidential information. It is public record and is recorded at Land Registry. There is no reason for you to have redacted it."


At ii I think you should list the tickets/dates that they have provided no photographs for


Long para 4th from the end - you need to add in reference to the new Protocol as well (I think it's para 3 that says you have to produce an explanation and documents).


I thank you for noting my familiarity with the Civil Procedure Rules. Indeed, it is such that I am aware, as should you be, would you are aware that the provisions of CPR 31 do not apply to the small claims track. It may therefore be that (a) your client has been incorrectly/inappropriately advised or (b) that your correspondence is intended to mislead. It is of particular concern that you refer me, a Litigant in Person, to rules of the court and case law without any explanation of what they provide, and which are in any event incorrectly relied upon.

Lastly, I request only 1 copy of each ticket be provided, not 3 copies of some but not others [I thought they had only provided some?]each, sporadically placed, in no order, within a package. I can only assume that the reason for this was for scare tactics and to ensure hours were lost on my part organising said documents. and identifying what is missing.

Doodakoff

Thank you Loadsofchildren123, I have amended that.

In regards to the copies provided so far, I have recieved 19 copies of fines/photos. I have counted all tickets reference on both LBC recieved and in total, there are pushing 40 outstanding tickets. I have not had the other documents, so I'm missing 21.

There are 5 tickets on the LBC that are duplicated x2 and 1 ticket duplicated x4. I haven't included these in the total number of tickets.

Crabman

Threads have been merged

Coupon-mad

I think I would add that this misleading correspondence and duplication of some tickets, yet omission of others, has caused significant distress. Point towards a counter claim again, like last time.

Also, to take the burden off her, in opening these awful letters, why not explore the idea of providing them with an alternative (but viable) address for her, for service of letters and any court claim? The idea being that no more letters will arrive for her to open, at all, sparing her the distress. Get them sent instead to your workplace? If that's a no-go, what about a relative or friend who won't be spooked by such letters/court claim?

Finally, why not consider asking this company (below) for assistance, which will cost a lot less than paying them off (I have no connection with this company but I can vouch for its success in cases I am aware of, and it is run by a very respected legally-qualified poster here on MSE with an encyclopaedic knowledge of parking law).

A trustworthy firm run by a person I would trust with this issue:

https://smallclaimsadvisor.co.uk/

Also ask him about a counter-claim, since your partner meets the definition of disability under the Equality Act 2010. It is illegal to discriminate against or harass a person who is thus protected, and arguably, the 3 hours free should be extended (extendable in some clear way) for people with any relevant protected disability, clinical depression certainly being relevant to taking longer to go about day-to-day errands like shopping.

DoaM

I looked at the "Our Advocates" page ... Penalty charge notices? :eek:

Doodakoff

Hello coupon-mad and thank you for your reply. I have placed an enquiry with the website you provided.

I have edited my letter above, highlighting the changes in red. I have used the text from the previous letter you helped draft, as I feel it is relevant to what this is putting my partner through. I have not re-reference the DPA or KADOE, which may have given that paragraph more context, because they should have the information previously provided in my other letter.

I have also included a section on a new address.

I'll continue to work on this letter over the weekend and send it on Sunday 1st class.

Doodakoff

Hi all,
I have spent the weekend working on this reply (please see below). I have edited my previous post where the reply was originally placed to avoid trying to find it in this thread.

I am going to send this tomorrow, first class. Would anybody be able to have a quick scan through it to see if it is okay before I send it off please?

Thank you all again!

---

Dear Sirs,

Re: Britannia Parking Group Ltd

Reference:
XXXXXX

I write further to your letter dated 12 October 2017 received 15 October 2017.

The contents of your letter are noted. You claim that you have undertaken extensive investigations regarding this matter, however, as requested in my previous letter, I am still missing a number of documents and therefore still require the following from you:

i. The unredacted contract (or chain of contracts) between your client and the site landowner - not a site agent or other non-landholder - giving your client authority to carry out parking management and on what terms. The identity of the owner of the land is not confidential information. It is public record and is recorded at Land Registry. There is no reason for you to have redacted it.

ii. In your previous letter, you have provided photographs and tickets for the following dates;
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
I still require any and all photographs taken of my car on the material dates; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

I require an explanation as to why the following tickets appear to be duplicated in your previous 2 Letter Before Claim documents; XXXX is duplicated 4 times. XXXX is duplicated 2 times. XXXX is duplicated 2 times. XXXX is duplicated 2 times. XXXX is duplicated 2 times. XXXX is duplicated 2 times. I find it incredibly confusing as to why these dates appear on your previous letters more than once without no explanation offered.

As you have previously sent out two different “Letter Before Claim” documents, each consisting of different dates of issued tickets, duplicated tickets and no explanation offered, I do not know at this moment in time, the total amount of debt I reportedly owe to your client. I require one complete document consisting of all tickets and fees, which is a requirement, as per paragraph 3.1 of the Pre-Action Protocol.

I request only 1 copy of each ticket be provided, not 3 copies of some but not others, sporadically placed, in no order, within a package. I can only assume that the reason for this was for scare tactics and to ensure hours were lost on my part organising said documents and identifying what is missing. I would also like add that this misleading correspondence and duplication of some tickets, yet omission of others, has added to the significant distress, both to myself, and my family.

iii. A copy of any document your client asserts sets out the terms of the alleged contract between it and a driver (this may be the same as iv below);

iv. You have not provided a copy of signs on display, with times and dates these were taken, or a dated plan of their position in the car park as they were displayed. Your previous letter states they these were included, however, they were not. I therefore require a copy of the signs on display, including dates and times obtained, and a dated plan of where in the car park they were displayed on those dates;

v. You have not provided a map of boundaries within the site. Again, you stated in your previous letter that this was included, however it was not. I therefore require a map showing the boundary within the site, purportedly operated by Britannia Parking Group Ltd., as opposed to the other parking operators also operating at this location.

As before, these are core documents, central to your client’s claim. As such, they are documents which are required to have been produced at an early stage (regardless of whether or not I asked for them) in this pre-action phase, pursuant to paragraph 6 of the Practice Direction – Pre-Action Conduct and the Pre-Action Protocol for Debt Claims, in particular paragraph 3. .I am requesting these documents because I clearly require them in order to be able to prepare a proper defence to any Claim and/or a meaningful POPLA appeal, as is my entitlement. The CPR clearly anticipate an early exchange of information, as per paragraph 3 of the Pre-Action Protocol and as per paragraph 3 and 6 of the Practice Direction – Pre-Action Conduct, Rule 16 and Practice Direction 16 – any failure to produce the information I have asked for will be nothing other than a deliberate attempt to frustrate my ability to defend the claim and a failure to comply with pre-action obligations.

I thank you for noting my familiarity with the Civil Procedure Rules. Indeed, it is such that I am aware, as should you be that the provisions of CPR 31 do not apply to the small claims track. It may therefore be that (a) your client has been incorrectly/inappropriately advised or (b) that your correspondence is intended to mislead. It is of particular concern that you refer me, a Litigant in Person, to rules of the court and case law without any explanation of what they provide, and which are in any event incorrectly relied upon.

In regards to identifying the driver of the vehicle at the time, I again decline any invitation to do so, which is my lawful right. Britannia Parking Group Ltd have no lawful excuse to use my DVLA data beyond the very basic cause, of enquiring as to the driver's identity. Your client has accessed my keeper details from the DVLA on more than one occasion and despite having no information as to the driver on each occasion, it continued under an unreasonable and unlawful assumption to pursue me instead, when it had no right to do so.

Whilst obtaining DVLA data to enquire who was driving is allowed under the KADOE rules, that data must not be further used for any purpose outside the basis upon which it was provided by the DVLA. Your client has stepped outside the DVLA provision of my data by continuing to cause me significant distress by harassing me, the registered keeper.

Your previous two Letter Before Claim documents and furthermore the previous letter to which this reply is directed to, has caused me enormous ongoing distress. I again put you on notice that I will make a counterclaim for damages, as noted in my previous letter.

I expect a substantive response with the documents and POPLA code (or confirmation of cancellation of all PCNs) within 14 days of this letter. I note that it has taken you over 5 months to respond to my previous letter.

Lastly, I wish for any further correspondence to go to the following address.
XXXXXX

I shall not receive further letters to the previous address, so please do not address further letters there.

yours faithfully,

Coupon-mad

Good stuff.

Just one suggestion, quoting from Johnersh when replying to another poster about changing the address:

I would consider a separate subheading so the point about the address is clearly made, before stating as follows:

If it is your intention to issue proceedings in this matter, please note that my nominated address for service is xxxxxxxxxxxxx to which all further correspondence should also be sent.

Umkomaas

I do not know at this moment in time, the total amount of debt I reportedly owe to your client.

‘Purportedly’?

Good stuff.

I agree. :T

Doodakoff

Thank you and thank you to everyone on here.
Shall be posted tomorrow.
I'll keep you posted as to what I receive back.