UKPC SCS Letter

Barrettboy94

Hi
I have been ignoring ukpc letters for months as advice I have had in the past that you do not need to pay them after now doing research I should of appealed them due to poor signage, I have received 10 parking fines to the amount of 160 each so total of 1600. I have now received a letter from SCS stating I have 30 days to respond or court proceedings will start, I will post pictures of letter I have received and the poor signage also the place I parked. I have visited multiple threads on here and is a lot of jargon to me just need someone to break it down for me on what action I should take.
httxps://ibb.co/hNaP89
httxps://ibb.co/gvAD1U
httxps://ibb.co/gTMxT9
httxps://ibb.co/jUzvFp
httxps://ibb.co/c2DNvp
httxps://ibb.co/kPXFFp
Thankyou

beamerguy

https://ibb.co/hNaP89
https://ibb.co/gvAD1U
https://ibb.co/gTMxT9
https://ibb.co/jUzvFp
https://ibb.co/c2DNvp
https://ibb.co/kPXFFp

SCS are trying to extort money from you .....

The parking can be no more than £100 so they have added
a fake £60 to each ticket

In your reply, you must ask for a breakdown of the £160
and then please post their reply on here

It's simple, the courts will not allow these extortion add-ons

Quentin

Barrettboy94 wrote: »

I have visited multiple threads on here and is a lot of jargon to me just need someone to break it down for me on what action I should take.....

There is only one thread for you to be concentrating on


The newbies faq thread near the top of the forum


The whole thread will explain the game you are now caught up in, and #2 there gives comprehensive advice on dealing with court claims right through from the lbcca which you look to have received to the hearing

The_Deep

As Quentin says, all the information you need is here, but this is not an easy subject to grasp, and you will need to put in the hours.

Barrettboy94

Thanks everyone have looked through threads for hours but not sure if I have a leg to stand on with my specific case as I was not in a bay but signage was poor, debating wether to appeal or just pay the 1000 is really stressing me out need someone to speak to, have seen a template letter to send to them from daniel san on one the threads, feel really out of my depth

beamerguy

Barrettboy94 wrote: »

Thanks everyone have looked through threads for hours but not sure if I have a leg to stand on with my specific case as I was not in a bay but signage was poor, debating wether to appeal or just pay the 1000 is really stressing me out need someone to speak to, have seen a template letter to send to them from daniel san on one the threads, feel really out of my depth

Look, why pay a scammer, SCS are trying to scam you
with their fake add-ons,

Go and take more pictures of the signs in perspective of you
driving in, the one little sign that you posted does not help

Show us just where you parked and bay lines

The_Deep

Stand on that leg which thinks signage is not up to snuff. The signs are the contract, they have to be clear and precise, and conform to the CoP.

This an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Barrettboy94

Can someone have a look and tell me if this is a suitable reply for the LBC letter they sent me containing no photos without any evidence of my parkingS so I should make a note after i've sent this letter and they should send me another letter with photos of my car and the evidence of my parking?

Any help would be greatly appreciated

SCS LAW

Level 34

25 Canada Square

Canary Wharf

London

E14 5LQ



13th August 2018

Your Ref:

Dear Sirs,

I am in receipt of your Letter Before Claim of 27th July 2018.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 !!!8220;establishing yourself as the creditor!!!8221;
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form



If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

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. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.


Yours faithfully

KeithP

But you have already shown us the Reply Form.
Why are you asking for it again?

Check the rest of that list to make sure you are not asking for anything else they have already sent.

Coupon-mad

Why do people always want a template?

Write your own response. That one is NOT RIGHT.

Barrettboy94

What about it is wrong coupon mad? I know the reply form is there anything else, I have used a template because I am new to this stuff and don't have time to research it for hours just looking for some help