SCS for parking with permit!

Potatini

Can they actually look reasonable?

Potatini

Hi,
I finally have a reply from SCS! They responded point by point to all my requests on the previous letter https://forums.moneysavingexpert.com/discussion/5826850/scs-for-parking-with-permit#12, as follows:
1. Their claim is contractual, they are authorised by the Trust, the vehicle is breaching the T&Cs.
2. Their client complies to the Protection of freedoms Act 2012, hence pursuing me as keeper.
3. The answer was "please see above".
4. There are a number of photos as an "evidence" of the claim, at least 2 per each claim: a) One depicting the car from the front, showing their "yellow slip" on the windscreen, the dashboard is partly visible (since the angle of shot) and there's a very minimal view of the location (in some pics only the car is visible. b) Another one depicting the n. plate only.
5. There is a letter on CP Plus headed paper attached, in which the Trust authorises the contractor to take "action in respect of all unpaid parking charges in the name of the contractor".
6. There is a photo focused on one of the signs that is presumably at site. Such picture completely fails to show any surroundings to show where the sign may be.
7. They state each charge was £40, to with they've added £40 "as by signage" (on the sign in the attached photo is stated that parking charges "not paid within the given period may incur in additional charges".
8. Their answer is "see paragraph 4 above".
At the end they reiterate I am liable as a keeper, as per POFA 4(1), as I haven't disclosed the driver's details and that my vehicle was clearly breaching the T&C indicated on the signage on site, hence they still expect me to pay the "owing".

I didn't expect them to be so articulate in their reply.
I scanned the forum for further ways of handling, but I think I've written most of the suggestions in my previous two letters. Next life I'm a lawyer!!! :silenced:
What's best to do now? Any recommendations would be cherished.
Thank you!

Coupon-mad

I didn't expect them to be so articulate in their reply.

Well they are a law firm, of sorts, so someone can write a decent sentence.

Seen it all before, any old 'Head of Legal' Neanderthal thug from any old firms (solicitor firms et al, naming no names, not specifically SCS here in case they get shirty!) can write in legalese, but it doesn't mean they will win cases or are the cleverest person in the room.

Their client complies to the Protection of freedoms Act 2012, hence pursuing me as keeper.

CP Plus generally don't comply when they post a NTK (with no windscreen PCN first) but I assume that your windscreen PCNs were followed by NTKs issued by 'PCS' (aka Debt Recovery Plus), who do make a stab at the required POFA wording. So they might be able to argue that.

You said earlier:

one of the infractions was "not displaying a permit" when the permit was visible?

So does the latest photo evidence show that permit, or have they withheld a photo or two? What is missing do you think?

If not, let them try a claim if they so decide and we will help you to defend it.

Potatini

Hi #CouponMad, thanks for replying so quickly.
The photos attached represent my car from the front, hence the disc permit is visible in most pictures. In the first occurrence only the disc permit is not visible and this is because it was on the dashboard (to my knowledge, the reason is the car was booked in for windscreen chip repair/change).
The angle of the photo also does not clearly or completely show the dashboard flat bit, which was on that instance very useful to them, so they could claim there was no "today" dated scratch card, when I'm sure it would have been displayed correctly.
Two photos "prove" my vehicle was park outside the designated bays, in an ample area where the car was of no obstruction whatsoever. In one of the two "parking outside the designated bay" occurrences, my car was parked inside what used to be a white line, that has been painted over/cancelled AND this is visible in their photo.
My questions are: how can we tell where he photos were taken? Most represent no surrounding. And how did my vehicle enter a restricted area, accessible only with valid permit, when they claim the permit wasn't shown?

Coupon-mad

You don't need to answer those questions; the PPC will have to, in court submissions.

Or, send them a LBC for, say, £750 damages for harassment and data misuse, citing the fact that you have primacy of contract (a right of way and right to park) in the form of permission from the landowner and the permit is clearly visible in their evidence. They had no reasonable cause to obtain your data in one or more of the 'parking charge' events cited, have issued predatory and unjustified tickets and you suspect the ticketer was untrained in the BPA Code of Practice because the photos are diabolical as evidence. Thus, CP Plus have been processing data illegally (in breach of the DPA and now in breach of the GDPR) and have already been clearly told that this harassment has caused significant and serious distress.

Use those words.

If you fancy that fightback, then you'd have to be serious about lodging a claim, which costs a small sum in court fees up front, for £750 claim (Google small claim fees) and you then add that fee to the claim.

Can be done:

http://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html

You might feel more comfortable striking before they do, and in your case you have already fairly warned their solicitor about the distress caused and the facts re the permit, and their own evidence shows that permit was at all material times displayed for inspection and they have failed to evidence where the signs are in relation to the car.

Potatini

Hi again and thanks a lot for your precious support.
The idea of taking them to court makes me very nervous.
I don't think I have the knowledge to defend myself in front of a judge. Plus it seems quite costly.
Would you say this is my best option? Do you have another strategy in mind?
Or do you think it would be of any use, if I reply with the above, stating I will have to claim for my personal damages as part of my defence, if they take me to court. (can this be done in the same court summons?)
It's not that I want to pay, but I don't want to end up worse off. This issue is really wearing me down and I'm loosing the will to fight.
I'm looking forward to any further advice.

Coupon-mad

The idea of taking them to court makes me very nervous.
I don't think I have the knowledge to defend myself in front of a judge. Plus it seems quite costly.

Why would you as claimant, be defending yourself?

How is it costly?!

court summons?

What Summons? It's not a criminal matter!

It's not that I want to pay, but I don't want to end up worse off.

How will that happen, do you imagine? These PCNs are a very low £40 a pop, with an arguable £40 added on for no reason at all. Hardly massive money and even if a poster on this forum (VERY RARELY) loses a defended case here, they don't pay more than the likes of SCS have invented already!

Whatever they are begging for now is no different than the 'risk' in court, so why would anyone think about just paying the daft amount demanded without fighting it properly, when we see 99% of cases won here?

Would you rather wait for them to sue you, then defend? That's fine, we almost always see ordinary people like you (very nervous and inexperienced, non-legal minded) win. But yes, you would have to defend yourself in front of a Judge!

Potatini

As demonstrated, my knowledge is quite poor, although I'm trying my best here!
But before we even get close to court calls, is there a way I can get back to their letter to deter them?
I think I've asked anything I found on various posts on the forum.
Short of reiterating that I'm being harassed, and that their photos are completely insufficient as a proof, can you think of other strategies?
Thanks for your support

KeithP

I do not believe there is anything more you can do to deter them.

My suggestion is to sit back and wait patiently for a Claim Form to drop through your letterbox.

Potatini

_pale_
Thanks, I'll try not to over-stress in the wait!
Unless anyone of the kind experts out there has a sparkle for a good reply, I'll keep you posted.
Thank you for the advice and all the help so far.