UKPC SC Law sent letter for filing a CCJ in 14 day

zays

Dear All experts
I am new to this forum but read through loads of threads but did not come near to what I was looking for.

I actually got a letter on Tuesday from SC Law asking that !!!8220;agreement has not been reached between the parties so my clients wants to proceed to county court against you of sum of £2.5k within 14 days from the date of the letter!!!8221;.

I initially received a letter in November against which I sent my response within 30 days but I did not receive any response. I called to UKPC contact and asked the reason then he said its because we are confident that we issued these PCNs rightly and amount is due.

There are total of 13 PCNs which were issued in the alley next to my big building where I live. Next to entrance of a building there is alley which is 15 to 20 meter long and at the beginning there is a sign of another company and then in the middle of the alley there is shutter gate to the parking space where on the wall opposite to the parking gate it is UKPC sign is affixed. When we go further instead of going inside the parking space it is closed way door which is not usable and again on the wall there is sign of another company.

I parked my car either at the beginning or at the end where on the wall above the parked car sign of another company instead of UKPC therefore in 2014/2015 on three occasions UKPC accepted my view and sent the apology letter stating that it was issued in error. However in 2015/2016 they rejected my appeal against three PCNs but POPLA gave those in my favour stating that those were issued but there was no legitimate sign near to the car. Since then I was just ignoring as thought those were waste of time and would see if anything comes up. They first start sending me the letters for £60, then increased to £100, then debt recovery firm and then finally in Nov issued SC Law letter stating for the payment of £2.5k which is around equal to £160 for each PCN.

I am so concerned what to do, amount is so big but I am also concerned if it comes against my favour it could impact me for future jobs as I am a banker.

Experts pls help me and provide some insights as what course of action should I do, shall I make an offer to UKPC or shall I go to the court but signage will be enough to pursue the case?

zays

One thing I forgot to mention I approached my property manager to check who owns the outer area and they confirmed me its UKPC so the displayed signs are wrongly placed.

tedharris02

Edit the post to remove any suggestion of who the driver was the the time of he alleged contravention. Unless you have already revealed who the driver was to the company in which case it may make no difference.

Unless the signage was changed, then clearly they dont have a case at all I would have thought. Theres a NEWBIES thread on here which you should search for and pull out a robust defence to them, which focuses on inadequate signage, and anything else you feel may apply to your case.

waamo

Get photos of the confusing signage. You need to read this https://forums.moneysavingexpert.com/discussion/4816822

Post 2 deals with the claim process. I would treat this as a Letter Before Claim.

zays

In the reply from UKPC today told me the following:




In the instance where you received a PCN for “not parking correctly within bay markings”, you appear to have parked in a passageway on the exterior of the building-flanking the overpass. This forms a part of UKPC’s jurisdiction to issue tickets and there has been adequate signage in place to bring this to your attention. Not only have you parked in front of a gateway causing an obstruction to potential users or access in itself, you simply have not conformed to the parking regulations in place as heighted to your by the signage. And you would have been aware of this after being issued from the first PCN since there was a constant and repetitive breach thereafter.


In the instance the car received tickets for “not displaying a valid permit/residents permit”, there was no adequate permit displayed. In the instance you may have been in possession of one, you did not exercise your right of appeal to produce this. In light of this we would deem the tickets to have been validly issued.


You also refer to a POPLA case which is immaterial to the matter at hand, not only did the matter occur a number of years preceding the matter at hand, the current claim is considered on its own merits and we deem the tickets to be legitimately issued here.

As for the alleged signage that refers to ‘Secure A Space’, it is our contention these photos cannot be verified and clearly inapplicable here. The UKPC photos which show your vehicle flagrantly and consistently breaching the terms and conditions of parking, show a UKPC sign being in close proximity to the vehicle whilst the vehicle was in situ.

twhitehousescat

zays wrote: »

One thing I forgot to mention I approached my property manager to check who owns the outer area and they confirmed me its UKPC so the displayed signs are wrongly placed.

UKPC OWN nothing

they may be hired by the landowner , that is the info you need


it sounds like the property manage knows nothing

waamo

Who cares what they tell you. They lie. If other signs are there they cannot claim they are not. As I said get time and dates photos showing they are there.

A judge will love that reply they sent.

Quentin

zays wrote: »

I am so concerned what to do, amount is so big but I am also concerned if it comes against my favour it could impact me for future jobs as I am a banker........

Well presumably you aren't intending paying unless ordered to by a judge.


That will inevitably mean a CCJ on the register and your credit files, however as long as you pay it off in full within a month of the order then it gets completely expunged from all records


So if it does get as far as a hearing ensure you have funds available so you can deal with it in full should you lose, and there will be no impact for future jobs.

zays

Quentin wrote: »

Well presumably you aren't intending paying unless ordered to by a judge.


That will inevitably mean a CCJ on the register and your credit files, however as long as you pay it off in full within a month of the order then it gets completely expunged from all records


So if it does get as far as a hearing ensure you have funds available so you can deal with it in full should you lose, and there will be no impact for future jobs.

it means it will automatically be removed from the register or do I need to apply to remove from the register if I pay within 28.


One more question if its not in my favor roughly how big the amount will be, currently it is 2250,,

KeithP

zays wrote: »

One more question if its not in my favor roughly how big the amount will be, currently it is 2250,,

Probably about £1500.
That's £100 for each ticket plus court fees and say £50 or so for the claimants costs.
You will need to argue to keep their costs award down.

Just one question... why are you repeatedly parking in this place?

Quentin

zays wrote: »

it means it will automatically be removed from the register or do I need to apply to remove from the register if I pay within 28.

You have a month to pay in full


You are relying on the claimant to inform the court, so should it come to this the belt and braces approach is to send a receipt that just needs a signature and date together with a SAE with the payment so that if the claimant fails to notify the court you can do so yourself