URGENT: UKPC & SCS Law

Coupon-mad

You can if you like. It makes no difference and does not need discussion this long, this is taking up too much time on a 'nothing stage'.

You should be reading the example defences in readiness because no-one will write that for you once you get a claim.

Immy_007

Quick Question please

UKPC are pursuing in this case a driver and i am defending as the keeper so is that paragraph ok ?

This is one of the paragraphs....

"I repeat - you know I am not liable in law. Outwith the POFA, there is no 'keeper liability'.
There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.
I will provide further photographs as evidence that demonstrate that the signage as well as I further evidence in the form of photographs that there is insufficient ANPR signage and it does not explicitly state its detail purpose and the nature that it is being used for.

Stop writing misleading letters. Stop writing any letters. Your client has no cause of action against me and must take it up with the driver, and should have done so in a timely manner, establishing on the day who that party was, if they felt there was a parking charge due"

Need to send today in post so appreciate the little feedback please

nosferatu1001

Yes of course it is valid
You shold know why by now.

Immy_007

nosferatu1001 wrote: »

Yes of course it is valid
You shold know why by now.

so the exact wording there is fine to send? as it is confirming i am the keeper? As they are pursuing me as the driver?

Coupon-mad

They can only pursue you as driver if they have evidence. If you are the keeper and the driver has never been admitted then obviously you reply only as keeper.

UKPC are pursuing in this case a driver

What makes you so certain? Usually UKPC use the POFA and will be going for keeper liability.

Immy_007

Coupon-mad wrote: »

They can only pursue you as driver if they have evidence. If you are the keeper and the driver has never been admitted then obviously you reply only as keeper.


What makes you so certain? Usually UKPC use the POFA and will be going for keeper liability.

Yeah i have been communicating as the keeper anyway thanks to your advice

Yes you are right..The letter from SCS Law states that "Our client has complied with the provisions of Schedule 4 to the POFA 2012 and therefore is at liberty to pursue as the keeper of the vehicle"

Am i correct in thinking there is no keeper Liability?

So i have sent a robust second reply although you advised me that it will not make a difference but just want to see what response i get

In the meantime i am looking at the defences should they issue a court Claim
Any Tips or links would be useful please

Once Again..all of you are absolutely brilliant and in totally appreciate your help and guidance

Redx

Immy_007 wrote: »

Yes you are right..The letter from SCS Law states that "Our client has complied with the provisions of Schedule 4 to the POFA 2012 and therefore is at liberty to pursue as the keeper of the vehicle"

Am i correct in thinking there is no keeper Liability?

they are stating they complied with POFA2012

they would have to prove this by showing copies of the NTK they sent , with the correct wording on it , delivered in the timescale allowed under POFA2012

so if they worded the NTK correctly and delivered it within the correct time period, then they complied and a keeper can be deemed "liable"

if they failed to do so on all counts , then the keeper is not "liable"

so far , neither you nor us have seen any evidence by them of this , so you are asking people a question that nobody can answer because nobody has seen their paperwork

this is why they are required to issue you with said paperwork under the LBC pre-action protocols

if they dont do this, they will produce them when the DQ time starts a few weeks before the court hearing

so at some point they will produce them and you can then tell is you have keeper liability , or not

until then , its pointless asking questions about non-existent paperwork that nobody has seen yet

in simple terms, if they fully complied with POFA2012 like these latest letters say, then yes they can try to hold a keeper "liable"

so my reply would include comments about the pre-action protocol and basically saying , dont say it , PROVE IT , by issuing copies of the NTK and the date it was posted, so I can check them myself against POFA2012

Immy_007

Thanks Redx for the clarification

i have already posted the second reply letter but i will keep that in mind to see what they reply back with

Immy_007

Hi

https://imgur.com/a/lqcuSh3

SCS Have now replied back with this letter dated 04/06/2018

I know i have to now start looking at a strong robust defence

If i could have some guidance on what points to consider here that would be very helpful

i have been looking the signage, ANPR cameras KADOE

I shall await your responses please

KeithP

There is plenty of guidance on creating a Defence in post #2 of the NEWBIES FAQ sticky thread.

Pick relevant bits out of the many Defences linked from there.

But of course the first step after receiving the Claim Form is to do the Acknowledgement of Service. How to do that is also in the above mentioned post.


Crikey, we're already over 120 posts on this thread and that's all just dealing with a Letter Before Claim - and still we have URGENT in the thread title.