LBC from SCS solicitors - help

Keeboard

Thanks for your advice Couponmad. This is all extremely helpful.

So the WP (Part 36) is a settlement before going court, to avoid wasting court time and all?

It states, !!!8216;(a) do pay the Claimant the sum of £xx.xx which represents the xx% of the parking charge(s) in dispute plus filing and hearing fees and!!!8217;, is that in case this goes court and that the claimant will have to pay for filing and hearing costs?

And how much of a percentage reduction do i put on Per charge, is it just a random number or does it have to have some sort of rational reasoning?

I think in terms of the contract between landowner and UKPC, they have provided the actually contract terms and conditions and a !!!8216;WITNESS STATEMENT!!!8217;. Under the witness statement, statement 9 states, !!!8216;The Operator (UKPC) is authorised by the Landowner to pursue the outstanding parking charges in accordance with the BPA Approved Operator Scheme Code of Practice.

HAvent read the scheme code of practice, since I have to get ready for work, but does the code of practice say that UKPC can take my Dad to court over this?

Once again, you have been of incredible service Coupon Mad and keep up the good work. You guys are amazing!

Keeboard

Thanks for your advice Couponmad. This is all extremely helpful.

So the WP (Part 36) is a settlement before going court, to avoid wasting court time and all?

It states, (a) do pay the Claimant the sum of £xx.xx which represents the xx% of the parking charge(s) in dispute plus filing and hearing fees and, is that in case this goes court and that the claimant will have to pay for filing and hearing costs?

And how much of a percentage reduction do i put on Per charge, is it just a random number or does it have to have some sort of rational reasoning?

I think in terms of the contract between landowner and UKPC, they have provided the actually contract terms and conditions and a WITNESS STATEMENT;. Under the witness statement, statement 9 states, "The Operator (UKPC) is authorised by the Landowner to pursue the outstanding parking charges in accordance with the BPA Approved Operator Scheme Code of Practice"

HAvent read the scheme code of practice, since I have to get ready for work, but does the code of practice say that UKPC can take my Dad to court over this?

Once again, you have been of incredible service Coupon Mad and keep up the good work. You guys are amazing!

Umkomaas

Once again, you have been of incredible service Coupon Mad and keep up the good work. You guys are amazing!

CM is a gal.

Coupon-mad

And how much of a percentage reduction do i put on Per charge, is it just a random number or does it have to have some sort of rational reasoning?

Whatever you want. Maybe £30 per charge. Maybe £60 if Dad is scared of the hearing.

It will be REJECTED but is good to wave at costs stage, especially if your Dad is being allowed to claim costs on an indemnity basis, if the Judge agrees the lack of evidence, blurry photos and conduct of the Claimant was unreasonable.

The WP offer cannot be used/referred to at the hearing, except in the matter of costs.

Keeboard

Ok. Sending a Part 36 automatically mean that I am asking to go to court?


What do you mean by indemnity?


When do 'matter of costs' actually come up, after the hearing?


So my plan is to send the Part 36 (after consulting with Dad, and if need be, fight our case), tomorrow Special delivery so I can get proof of receipt from Royal Mail. I'll be ok if the letter reaches on the 21st March (Wednesday) even though the last day of the 30 day reply period ends tomorrow (20th March) - the letter will be dated for the 20th? I have a grace period of "two working days" right?


Thank you very much CouponMad.

Coupon-mad

Sending a Part 36 automatically mean that I am asking to go to court?

No!! It will go to court anyway; get ready and do what helps you most.

What do you mean by indemnity?

Google 'costs indemnity basis' as you are going to need to know how easy these things are to find out about, not ask us. It's all openly in the public domain. We point you in the right direction.

When do 'matter of costs' actually come up, after the hearing?

Again, read other threads. How about Henry Hippo's one I showed you on pepipoo (I gave you that link in post #2 and your and your Dad should read it even though it's about a different permit scenario) or any of the court report links in post #2 of the NEWBIES thread. All would help your Dad be prepared.

Keeboard

Ok cool.


I had a feeling you'd ask me to Google it. Apologies.


So indemnity cost is for the receiving party - im guessing just incase i lose, showing the court that I have tried to sort it out with the claimant prior to proceedings. Also to help reduce my cost of payment IF i lose.


No worries, I'll have to get my Dad up to scratch anyways, plus he's a better researcher and a stronger figure against authority.


In terms of sending the letter, am i correct in asssuming that if the Part 36 is dated for the 20th, they (defendant) have to assume that it reached on the second working day from the day it is dated? I dont want UKPC to have an argument that I did not send the documents on time as requested.

Coupon-mad

So indemnity cost is for the receiving party

Actually, not so in every case.

A winning party can have their award reduced if they've acted unreasonably along the way, IIRC.

So, the Judge might find one of the 4 PCNs is well evidenced, but the rest are not, and could even allow £100 for that PCN but could (in rare cases, but COULD) award costs against the Claimant!

If for example they play fast and loose with the other evidence/include (say) altered photos, are late with their WS documents before the hearing, etc. Or if the Judge is unhappy that the witness for the Claimant doesn't turn up, and/or if he decides their rep has no Rights of Audience, etc.

Keeboard

I understand.


Sorry I keep going on about when the WC gets dated, on the Pre-Action Protocol it states:


"Paragraph 3.4. If the debtor does not reply to the Letter of Claim within 30 days of the date at the top of the letter, the creditor may start court proceedings, subject to any remaining obligations the creditor may have to the debtor (for example, under the Financial Conduct Authority!!!8217;s Handbook). Account should be taken of the possibility that a reply was posted towards the end of the 30-day period."


....however it doesnt specifiy exactly how many days the reply should be sent by. If last day (30th day) is 20th March, and they receive on the 21st March, is that ok?

Coupon-mad

You did already reply to the LBCCC in December, though.

If you mean now, in response to the latest letter, why not get Dad to send a holding letter saying he is discussing the matter with the driver and will be sending a Part 36 offer by, say, 5th April, and therefore reasonably expects SCS to put the case on hold whilst such pre-action discussions take place.

Buys him time to decide what to offer and to draw it up and send it without rushing.