LBC from SCS solicitors - help

Keeboard

The letter they sent rejected my part 36 offer and they offered a new settlement offer, until the 23 April. And that after this date the offer will no longer be valid (for lack of better word). However it doesn't say that this rejection of offer mean it'll go court? If I send a letter to drop hands after the 23 April, say 26 April, would that mean I'm neglecting or being unreasonable?

Keeboard

Can I still send a drop hands offer after their offer is not 'valid' or expired?

If so, I have more time to draft a better drop hands offer letter.

Keeboard

Or maybe a holding letter explaining that as the registered keeper, we are discussing matters to draft up a drop hands offer?

nosferatu1001

No, just send them a drop hands. Just shorten it - think STRUCTURE and beginning middle end.

Youre not being unreasonable, just dont delay further.

Keeboard

Thank you nosferatu.

Here is a better version:

Without Prejudice !!!8211;Save As To Costs

I write in relation to your letter dated 10 April 2018.
I reject your settlement offer of £544 and offer to settle to !!!8220;drop hands!!!8221; with each party bearing their own costs. I maintain that this claim has no basis as described in the points below:
1) Photo evidence provided, prior to request, of signages of site location of the claim are unclear and unreadable. It cannot be assumed that the driver would have been able to read & agreed to a penalty (which may or may not have been £100) that was not legible.

2) Several photos of the vehicle taken in the space of just ONE or TWO minutes only, appears to be predatory, allow no period of grace in accordance with the BPA Code of Practice 13.2 & 13.3 and call for the Claimant to discharge their burden to evidence that the driver was not either:
- reading or seeking out signage terms within a reasonable ten minute 'grace period, or
- fetching a permit from an adjacent building within the grace period after arrival, or
- in fact considered 'authorised' since the only large lettering that is readable just says 'no unauthorised parking' and does not define that, nor show any legible 'parking charge' at all, according to the unclear !!!8216;blurry!!!8217; evidence.
3) A 2012 signage photo being included appears to be completely frivolous and misleading, and cannot be taken to be the same as the terms that applied years later, given that parking law and regulations had changed in the meantime (i.e. the POFA 2012 Schedule 4 about 'keeper liability' was enacted at the end of 2012 and the BPA Code of Practice was updated several times in the intervening years, especially regarding the rules on clear signage and the sections about the mandatory grace periods).
Therefore, be advised that should you continue to pursue this, I shall seek to claim the costs of my defence and additional costs for unreasonable conduct pursuant to CPR Part 27(2)(g).
This "drop hands" offer offer is available for acceptance for a period of 14 days from the date of this letter.
The terms of the offer have value to the claimant insofar as the defendant will not seek his costs of defending the action, where recoverable and will not pursue any additional but related claim(s) in connection with this matter.

Yours faithfully,

Keeboard

Do i need to provide evidence of the images i mention? I am not home right now where the images are and I was thinking of sending the letter above across before I get home since it will be too late to post because the post office will be closed.

nosferatu1001

Or you coudl email it to them, i presume they have an email address you can use?

Youre offering to settle on a drop hands basis.

Keeboard

Possibly, I haven't checked whether they have provided an email address. Since all our communications have been through letters. Do you think it makes a difference if i should change communication type and send through email?

Would the most recent draft posted above good enough to send?

nosferatu1001

Makes absolutely no difference.

No, you need to check yoru typo. You are offering on a drop hands basis.

Keeboard

Changed to offering on a drop hands BASIS.

In that case, I will email them with my recent draft ("offering on a drop hands basis"), along with the images that I have mentioned in the letter.

In terms of response from SCS, I know each case is different, but if they don't respond within 14 days what would my next step be? Wait for court dates to come through?

I have noticed that many others on this forum have sent a "drop hands" and received no response, most probably left ignored. Should I start preparing witness statements and start gathering materials for court?