Claim - UK Parking Control & SCS Law

BreadedScampi

So I've spent some more time on this forum and gone through the newbies thread. I'm working on defending 1 of the 5 tickets I got, where I had video evidence that the ticket machine isn't working, but I'm afraid I really have nothing to say at the moment about the other 4 and might just admit to those. The signs were clearly posted. I parked on "double yellow lines" (I understand they mean nothing in a private car park, however I still wasn't "authorised" to park there to begin with). The signs also mention the £60 debt recovery charge.

Additionally, from the words of the freeholder who I contacted enquiring about UKPCs authority there

we believe that UKPC is within its rights in dealing with you in the way it has.
We do not publish our contract with them publicly.

[Deleted User]

Do NOT admit to the others.

Even if you concede they were correctly issued (and there's scant information in the thread for people to assist you) I'd be very surprised if the signage was good enough for them to bang on an extra £60 of charges for each ticket. That's still some saving to be made...

The basic maximum for all private tickets is £100, so they need to prove there's any entitlement to ramp that up.

Coupon-mad

Seconded! Do not admit to any.

You do have some defence as you said below, if it looked like public road (and bear in mind DYL with no kerb blips and no signs, do NOT mean 'no stopping at all', whatever a PPC might say! There are various exemptions for being on DYL and you thought it was public highway:

Fourth and fifth tickets however, were issued to me on double yellow lines outside of the business park. I believed this was a public road

Did you see UKPC were banned by the DVLA again? Shows their level, IMHO:

https://parking-prankster.blogspot.co.uk/2018/04/ukpc-banned-by-dvla.html

https://forums.moneysavingexpert.com/discussion/5835351/do-not-appeal-a-ukpc-windscreen-pcn-ukpc-are-banned-by-the-dvla-april-may-2018

No admitting to any of their rogue speculative PCNs! DEFEND. We will help and there is NO RISK and even if you lost re a couple of PCNs, you would get no CCJ as long as you paid the - hopefully lower than £160 - sum the Judge might decide on. And you might win the case, like someone did here, again, this week:

https://forums.moneysavingexpert.com/discussion/5684709/unknown-ccj-with-some-complexities-please-help&page=3

...it was a multiple PCN case, with all costs (including a £255 set aside fee, I think) awarded against them!

We see 99% of fully defended cases reported as won on this forum, consistently.

BreadedScampi

An update on this (and I hope no one replies today, because you should all be outside in the sun, doing what people do when they're outside in the sun). I've had a big fat dump of evidence from SCS Law containing copies of UKPCs signage used, every letter UKPC sent to me with photos, and even my one appeal for when the ticket machine didn't work.

Now what I'm confused about first of all, is that in the letter head they say they're going to request judgement on the 23rd of May, even though MCOL says "Date of service of 02/05/2018 notified on 08/05/2018 at 15:34:43". Doesn't this give me until 30th May?

KeithP

If the Issue Date on your Claim Form is 26 April, then by my calculations you have until 4pm on Tuesday 29th May to file a Defence.

BreadedScampi

Thanks KeithP, that puts my mind to rest. I was looking at this post, and noticed that to comply with the Protection of Freedoms Act 2012, a Notice To Keeper must be sent within 14 days of the vehicle being parked. All of the notices sent were around a month after the vehicle was parked. Am I right in saying that they now must prove that I was the driver? Will my only appeal for one of the parking charges allow them to pursue myself for the rest of the parking charges, if that appeal did in fact mention that I was the driver on the date that the vehicle was parked? Or would that be limited to that one parking charge.

KeithP

I haven't read all your posts, but if there was no windscreen ticket then the NtK must arrive with the keeper within fourteen days of the parking event if they wish to use PoFA to hold the keeper liable.
If there was a windscreen ticket, i.e. a Notice to Driver, then the timescale is different.

This is all explained in the NEWBIES FAQ sticky thread.

If you are found to be the driver on one occasion, that certainly does not mean they can assume you were the driver every time.

beamerguy

You know, I would imagine most on here and those
who read this forum find the vindictive attitude of
SCS/UKPC a disgusting duo who in reality are very
sad and reside in the lower spectrum of life

If SCS won, they would lose big time unless of course
they work for peanuts which seems to be the case

If you won, and we expect you will, the time and money
they will have wasted ... just to collect a £100 ticket, is
utter madness

I suppose that SCS will go down in history as supporting
scammers and fraudsters, and we can only hope that
this nonsense will end with the new code of practice
and we hope to see scammers like UKPC put out
of business once and for all

BreadedScampi

KeithP - Yes I forgot about that keepers liability section. Looks like I can't use that defence as the photos show the yellow sticky thing on the window.

I've had another read of the claim sent by SCS. In the Particulars of Claim, and Particulars of Loss, none of the PCN numbers stated matched those that were sent to me in the evidence pack.

Contraventions
4.1 On [date], the Defendant's vehicle was parked at [location]. The driver of the vehicle breached the terms of the agreement by parking in a designated "Permit Holder Parking Space" without clearly displaying a valid permit. The Claimant therefore issued a PCN, number [number]. The Defendant has failed to pay the sums due within 28 days or at all. The amount currently outstanding under this PCN is £160.00.

Is this something that can help me? If so, how? It looks like the PCN number for 4.2, might have matched the date that 4.1 specified (an off-by-one-error as we say in the software industry). Essentially, the evidence sent does not match the particulars of claim.

Coupon-mad

the evidence sent does not match the particulars of claim.

OK, so cover that in your defence. Mention it as an additional point and use another UKPC multi-ticket defence as your base.

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