Can someone clarify something for me please?

KeithP

Are you asking what CPR Rule 27.14(2)(g) means?
If so, then google will help you.

If it is something different you are asking about then you'll have to try again.

Coupon-mad

What needs explaining? It's normal words then a reference to court rules that you can Google.

You REALLY NEED to read other UKPC SCS threads, your case is exactly the same - and we see 99% of robustly defended cases won on this forum, and have done for 18 months or more.

Just search the forum for the 2 words in bold and read umpteen threads to see what to expect, and how ordinary people win.

Hilee87

Thanks for the response.
All read and up to date thank you.

Everyone has been so helpful and will be off to take photos later this week to have for defense
Will probably be seeking advice for letter back to SCS as I don't want to miss anything out etc, but feeling much more confident.
Such a horrible feeling reading the initial letter

Coupon-mad

Hilee87 wrote: »

Such a horrible feeling reading the initial letter

I am sure it was, a sinking feeling and utter intimidation.

I had a baseless and aggressive threat of court (twice from the same source) for a four figure sum literally plucked from thin air. No claim followed because the aggressor potential claimant had no case whatsoever, and had also misused and unlawfully shared my data. Not a parking firm.

Loadsofchildren123

Rule 27.14(2)(g) costs orders are rare.
The normal rule in small claims is no costs (except for the C's court fees and a maximum of £50 in solicitors costs, if they win). This rule provides that if the other party behaves unreasonably then you can ask for costs. The allowable rate for a litigant in person is £19 per hour.


It's quite a high bar to prove unreasonable behaviour. Even a cr** claim is not seen as unreasonable, so I'm not sure what the courts expect you to prove. But sometimes it succeeds. If you don't get these extra costs, all you get if you win is up to £95 in lost earnings and your travel/parking costs.


If the judge accepts your case about the photos being deliberately taken at an angle, and that it must have been known to the person who took the photos that your permit was there, then you may get costs because their case is based on a lie.


We love it when people win costs. So run your case as if you will seek them. Keep a record of all time spent and any money spent, including things like taking these photos. When the time comes, there are precedents. Sassii won costs, have a look at that thread, and others have good precedents on their threads even if they didn't win (eg pepperlini and claxtome).

Hilee87

Hi Guys,
is it o.k if I share my response I have drafted requesting photos?
Please offer any feedback and advise what changes I should make... Thanks in advance.

Dear Sir/Madam
I am writing to in relation to Reference: xxxxxx

For the avoidance of doubt, this is a request for information made under paragraph 5 of the Pre-Action Protocol for Debt Claims.
I request that all photographic evidence relating to all implied contraventions be provided to me as I believe that in fact I did comply with the T&C!!!8217;s in place at the location and displayed my permit correctly as requested. I would like to see if photographs do not show my parking permit clearly and whether this has either inadvertently or on purpose.

I wish reiterate that my permit was displayed at all times and that any claim will be bound to fail and will be robustly defended.
Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings.


Thoughts...

Coupon-mad

For the avoidance of doubt, this is a request for information made under paragraph 5 of the Pre-Action Protocol for Debt Claims and should also be considered a Subject Access request under the GDPR.

Maybe the above?

Hilee87

Hi all

Just looking for some last minute advice before I sen this request to the solicitor.
I was thinking of emailing this to them as I go on holiday tomorrow so won't be here to act on any response for 1 week.

Any last minute advice appreciated
Thanks

Hilee87

Could someone kindly look at the above for me?

Thanks

Hilee87

Hi guys

I could really do with some help now on this one. I have had a reply from SCS with all the photos taken of the vehicle and whilst on some of them you admittedly can't see the pass there are some photos showing that it is there, albeit they'll argue you can't see the permit in its entirety.

They have given me another 30 days to respond and they have said they'll anticipate receiving action to take it further etc.

I guess my question is what should do now? I went and took a selection of my own photos from different angles showing that the permit could be obstructed through certain views. I did however take a photo of the permit itself and noted that it has a permit number on there but no valid from and to dates filled in, none of the staff that own one have this filled in? Technically is this case not based upon the display of a valid permit? If so no permit supplied by the parking company are valid on issue?

Be great to hear your thoughts on this guys

Thanks