Letter Before Claim - SCS Law & UKPC - CASE WON!

DAngel

https://forums.moneysavingexpert.com/showthread.php?t=5997904&highlight=newbies Just found one here... and re-read the Beavis case you'll be pleased to hear

Coupon-mad

Told you we see these all the time - that's a very current one.

Hundreds more like it will appear when you do the search I said (I can see you didn't as you included the word 'newbies' in your search). Do the search exactly as advised.

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list.

On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

DAngel

Thanks for the tips Coupon Mad - I should be a certified search whizz now - I just happened to paste a link to you that i fell upon by chance when I was genuinely searching for Newbies thread again.

I've just had a reply come through. She's mentioned the Beavis example, which is fine, we already knew that so moving on, but for context, here is the whole email:

The signage erected at the site clearly outlines how the charges are incurred. The signage (previously provided to you on 12 October 2018) confirms that each parking charge was for the sum of £90.00 and would have been reduced to £45.00, if paid within 14 days. Given that the parking charges remained unpaid, the parking charge notices were passed to our client’s debt recovery agent and an additional charge of £60.00 was applied, as outlined on the signage. Accordingly, each parking contravention for which you are liable is in the sum of £150.00. Given that 15 parking charge notices were issued against your vehicle, the total sum is therefore £2,250.00.

As previously explained in my email dated 14 January 2019, following the Supreme Court decision in the matter of ParkingEye Ltd v Beavis [2015] UKSC 67, the Claimant is not required to claim for a genuine pre-estimate of loss, where a parking charge notice was validly issued and where it was issued in pursuit of a legitimate interest, which, in this case, was the effective management of parking at the site. Our client does not consider there to be a breach under the Unfair Terms in Consumer Contracts Regulations 1999 as per the above. Please note, I will no longer be responding any further to this point.

Our client's position remains that you are liable for the the parking charge notices for the total sum of £2,250.00.

I look forward to hearing from you within 7 days from the date of this email, as otherwise I anticipate instructions from our client to proceed further with this matter by way of court action.

Best start pulling together my defence I guess...unless there is anything else I can say to this?

Coupon-mad

No, this is a lie!

YOU MUST reply to this:

Given that the parking charges remained unpaid, the parking charge notices were passed to our client’s debt recovery agent and an additional charge of £60.00 was applied, as outlined on the signage. Accordingly, each parking contravention for which you are liable is in the sum of £150.00. Given that 15 parking charge notices were issued against your vehicle, the total sum is therefore £2,250.00.

Dear Sirs,

Re - UKPC scam invoices at xxxxx location

I refer to your latest email and am giving you seven days to check the facts with your client and tell me the truth this time, or I will report you to the SRA.

UKPC sent letters from Debt Recovery Plus.

Debt Recovery Plus operate on a 'no recovery, no fee' basis as trumpeted on their abysmal website here:

https://www.debtrecoveryplus.co.uk/pcn-collection/

''We offer a ‘no collection, no fee service’, therefore our growth has been achieved by making successful collections, not by charging upfront fees.''

Kindly explain yourselves and your so-called breakdown, and provide evidence of your assertions. You will need to speak to your client, no doubt, to find out how they will wriggle out of these untruths, that I will expose to the SRA and the Judge if you or UKPC pursue a claim with these unrecoverable, imaginary damages added. Have you heard the term 'abuse of process'?

yours faithfully,

DAngel

Superb response template, thank you. And thank you for coming back to me so quickly. I have sent!

DAngel

Latest reply from the scammers is in:

I confirm that all the information provided to you is correct. I have clearly outlined the position to you in respect of how the parking charges were incurred and why they were issued against your vehicle.

For the avoidance of doubt, the sums claimed are not a genuine pre-estimate of loss but rather contractual sums which are owing upon a breach of the terms and conditions on the signage. As such, any agreement between our client and Debt Recovery Plus Ltd does not appear relevant.

Please note, if an agreement cannot be reached between the parties, then this matter will need to proceed to court to be determined by a Judge.

I would advise seeking independant legal advice in respect of this matter.

She keeps bleating on about this 'agreement' to be reached - how does she suppose that will happen?!

beamerguy

DAngel wrote: »

Latest reply from the scammers is in:

I confirm that all the information provided to you is correct. I have clearly outlined the position to you in respect of how the parking charges were incurred and why they were issued against your vehicle.

For the avoidance of doubt, the sums claimed are not a genuine pre-estimate of loss but rather contractual sums which are owing upon a breach of the terms and conditions on the signage. As such, any agreement between our client and Debt Recovery Plus Ltd does not appear relevant.

Please note, if an agreement cannot be reached between the parties, then this matter will need to proceed to court to be determined by a Judge.

I would advise seeking independant legal advice in respect of this matter.

She keeps bleating on about this 'agreement' to be reached - how does she suppose that will happen?!

It's best not to expect any form of Intelligence from scammers or their legals

The answer is .... if the water is too hot for them, get out now
or let a judge decide and you claim your costs

Coupon-mad

Dear Sirs,

Re - UKPC scam invoices at xxxxx location

I refer to your latest email and due to this statement:

''For the avoidance of doubt, the sums claimed are not a genuine pre-estimate of loss but rather contractual sums which are owing upon a breach of the terms and conditions on the signage. As such, any agreement between our client and Debt Recovery Plus Ltd does not appear relevant.''

I will now be reporting you to the SRA for attempting to obtain monies by deception, in that you and I and your client all know that DRP do not charge for their dubious 'service' thus there are no £60 damages for 'debt collection' to claim, and the only alleged contractual parking charge was £100.

You cannot bolt extra sums on top, this is a abuse of process and typical of the parking charge scam cases being thrown at court at the moment in the rush to cash in before the new Code of Practice kicks in and stops rogue firms like your client in their tracks.

Further, pursuant to the POFA, the CPRs about proportionate costs, and the Beavis case, you are also aware that case law, statute law and court rules are against you. Only the sum of the parking charge is potentially recoverable.

How dare you continue to lie about the £60 and assert that a company can add on imaginary costs that were never incurred, for letters that are already covered within the 'parking charge' itself?

There will be no more notice and I will now refer this to the SRA using your emails as evidence,

yours faithfully,

DAngel

Thanks all, i've sent that.

And with regards to me reporting them to the SRA?

Le_Kirk

DAngel wrote: »

And with regards to me reporting them to the SRA?

Do it online using THIS link.