UKPC/SCS letter before action from tickets in 2014

kelsey2412

Hi All

I have read through the various threads and have found some really useful information, however I was after specific opinions in relation to my case if possible.

I was contacted in May this year regarding 8 PCNs that I received in 2014 for being parked in my own allocated space. I replied to the letter, requesting photographic evidence for each fine. SCS have sent me the requested photos, noting that 'although some of the photos show a permit displayed on the dashboard, our client advises that the permit was invalid as it only specified a bay number and not your registration plate'.

Photos provided for 5 out of the 8 PCNs very clearly show the permit displayed on my dashboard. I rented the property for 2 years and shared the parking space with my housemate (whoever got home first got the space basically). The space was allocated to our flat and the permit reflected the bay number, not the car registration number - the permit was not for a specific car, but for our flat. We parked in the space every day for 2 years, so I'm unsure as to why our permit was invalid on only these 5 days out of the 730 that we lived there.

My question is - should I offer a settlement for the 3 PCNs that it's unclear if a permit is displayed? In the hope that they will accept this and go away? Or should I continue to refuse to pay all 8 fines??

Also - I have received no communication about this since 2014 - is there a time frame that they should have adhered to?

I'm due to start the process of buying my first home in the next few months and the prospect of having a CCJ is hugely stressing me out!! Any help would be greatly appreciated. Thank you in advance!

System

the space was allocated to our flat

Was this as part of the AST or lease? What does the AST/lease say about parking?

our client advises that the permit was invalid as it only specified a bay number and not your registration plate'.

They recognise your rights but appear to be trying it on. Want to counterclaim for interference with the lease?

the prospect of having a CCJ is hugely stressing me out!!

You can't get a CCJ without trying - really trying. They are not that easy to get.

People that bury their heads in the sand do, but that is self-inflicted. You don't appear to be in that group.

Umkomaas

I'm due to start the process of buying my first home in the next few months and the prospect of having a CCJ is hugely stressing me out!

Read here, it will help dispel the urban myth you seem to have been confused by.

https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed

kelsey2412

Thank you for your responses.

I have obtained a copy of the tenancy agreement from 2013 - it merely states '1 allocated parking space - bay 15.'

I have drafted the following response based on threads from here, please could you let me know your thoughts and if anything needs changed?

UKPC issued me with parking charge notices dated ..!!!8230;. which were unfairly and unlawfully issued. I will not be paying your demand for payment for the following reasons:

!!!8226; The alleged contravention did not occur

Quite simply, the parking attendant got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact that the vehicle was parked in the space stated on the permit that was clearly displayed and visible in the photographic evidence provided. The permit was supplied for the property and allocated to the particular bay in question, not allocated to a specific vehicle. The permit clearly states which bay it is supplied for and could be used for multiple cars. At no point was it stated that the permit was designated for a particular car, rather for a particular property.

*property address* is a rented property which I lived in for the period May 2013 !!!8211; May 2015. The same parking permit was used between my housemate and I every day for this whole period. Please therefore explain why said permit was valid for every other day during this period, apart from the days in question that UKPC have issued a parking ticket? The tenancy agreement clearly states 1 allocated space !!!8211; Bay 15 !!!8211; which the permit was issued for. This permit is very clearly visible in the photographic evidence provided, so how you think a claim can be pursued with this evidence is perplexing.

!!!8226; The charges are disproportionate and not a genuine pre-estimate of loss

The amount being charged is not based upon any genuine pre-estimate of loss to UKPC or the landowner, and far exceeds any costs incurred. Furthermore, I fail to understand how UKPC or the landowners have faced any loss by the driver being parked in their own designated space. The car park can only be accessed with an electronic key fob and permits are provided to prevent non-residents entering and parking in the car park !!!8211; not for UKPC to generate an income from residents parked in their own spaces! Please provide me with an exact breakdown of the charges you are claiming and how you reached these figures, because they are completely excessive.

!!!8226; There is insufficient evidence to prove that I, as the registered keeper, am liable for these charges

Your client has failed to provide me with proof that a contract was in place with the landowner/managing agent at the time of the parking tickets. The contract provided was dated 2008, six years prior the claims being made. There should have been at least one, if not two, renewals or updates to the contract during this six year period, so they have not provided evidence that they had a current contract with the landowner. Regardless of this, tenants are not a party to this and no contract was ever signed to reflect this. Please provide: written confirmation from the managing agents that the landlord agreed to these charges, written confirmation from the landlord that she agreed to these charges, written confirmation from the landlord that she agreed to court action?

UKPC also issued me with a parking charge notice on 29/04/16 at Portsmouth Technopole. I accept liability for this and will pay the £60.00 fine as a full and final settlement. Please advise how I do this.


Please note that I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists should not have to put up with this.!!!8221; !!!8211; I am fully aware that your client was recently banned from the DVLA (for the second time), for the unlawful and fraudulent issuing of parking tickets. Even going to the extent of creating false photos and evidence. I!!!8217;m shocked that any legitimate law firm would willingly represent a company like this; frankly it should be embarrassing for you to do so.

Finally, if you choose to pursue me please be aware that I have sought legal advice and will not enter into any further correspondence. This will be the only letter you will receive from me until you answer the specific points raised in my letter. Should this be pursued, I will be seeking compensation for the distress your harassment is causing, as well as claiming for the amount of my time that you have consumed with the ridiculous claims your client is making.

To summarise, should you choose to pursue this, I will require the following information for my case (in addition to my requests in bold above):

1. A full 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 car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. A copy of the contract with the landowner under which they assert authority to bring the claim
6. A copy of any alleged contract with the driver
7. A plan showing where any signs were displayed
8. Details of the signs displayed (size of sign, size of font, height at which displayed)
9. If they have added anything on to the original charge, what that represents and how it has been calculated.



Yours sincerely,

System

Seems to cover it - apart from getting their agreement to cover your costs for interfering with your lease.

Stick in the comment that by replying you infer they are happy to meet your costs in defending an unwarranted claim.

See if they pick it up.