SCS law court threat - Help needed

Jameswhite101

Hi everyone,

I am new to this forum and am in need of some advice if possible.

A little background information; I used to live in an apartment building in Epsom, Surrey, which had an underground car park (secure and gated). I had a designated space and a permit. Got knows why we needed to display permits as no one else could get in!

I received 4 separate PCN;s from UKPC who manage the site, which I completely ignored. I ignored the follow up letters that came through the post too. I moved out shortly after. This was in 2014, so 4 years ago.

I have recently had a letter before claim from SCS Law on behalf of UKPC for £640 (4 x £160). The letter had very little information on it regarding the PCN's, but it was definitely a legitimate SCS Law letter,

I responded to SCS Law a letter requesting more information such as contracts/signage/copies of PCN's within 21 days, and I have had a response (which took them 30 days, not 21). I did not admit to being the driver.

This is what I had back:

Dear Mr X,

Re: UK Parking Control Ltd

We write further to your email dated 6 September 2018.

Please find enclosed the following documentation, as per your request:-

The Parking Charge Notices issued and follow up letters;
A contract authorising our client to control parking at the site (redacted for reasons of commercial sensitivity);
Photographs of the signage at the site;
A site map (an annotated version will be provided in due course); and
Photographs of your vehicle in situ.

Please note, we have adopted the same numbering to the points raised in your letter and have provided our response below:-

1. Our client’s claim is for breach of contract;

2. Under Schedule 4 of the Protection of Freedoms Act 2012, our client has the right to pursue you as the registered keeper of the vehicle for the parking contraventions provided the conditions of the same act are met;

3. Please see point 2 and the attached documentation demonstrating compliance;

4. On multiple occasions, your vehicle was parked at XXXXXX. The signage attached confirms that each parking charge was issued for the sum of £100.00 and would have been reduced to £60.00, if paid within 14 days. Given that the parking charges remained unpaid, the matter was passed to our client’s debt recovery agent and an additional charge of £60.00 was applied, as outlined on the signage. Each parking contravention is now outstanding for the sum of £160.00;

5. Please see point 1. An offer was made by the signage present at the site in question and upon entering the site the driver agreed to abide by the terms and conditions for parking (as per the signage). Therefore, by parking at the site in question the driver entered into a contract by conduct. As the driver failed to abide by the terms and conditions by failing to display a valid parking permit, your vehicle was issued with the parking charge notices in question;

6. The claim is not for trespass;

7. Please refer to the contract attached. Our client manages parking at the site in question pursuant to the contract with XXXXXXXXXXXXX, who are the managing agent of the site on behalf of the landowner. Please note, our client follows the BPA Code of Practice under which written authorisation is required from the landowner or their agent to manage parking at the site;

8. An annotated site map showing signage locations will be provided in due course;

9. The photographs of the signage are attached;

10. Please see point 4;

11. The photographs of your vehicle with date/time stamps are attached.

Further, our position is that we have complied with the Pre-Action Protocol for Debt Claims (“the Protocol”). The Letter Before Claim contains all the information required under paragraph 3.1 of the Protocol and we have not yet commenced court proceedings given that you have provided a response and requested documentation to the Letter Before Claim (which we have now provided), and therefore we have followed the correct procedure.

In light of the above, it is our client's position that the parking charge notices for the sum of £640.00 were validly issued and remaind due and owing.

We look forward to hearing from you within 30 days, after which time, we anticipate instructions to continue with proceedings accordingly.

Yours sincerely,

XXXXXXXXXXXX

They have sent through all of the pictures of the vehicle (in the correct bay), all signage and the original PCN's as well as the follow up letters. There is quite a lot of detail in their 'evidence bundle'

Is there anything I can do now to appeal this? Any advice would be hugely appreciated.

Thanks.

James

Jameswhite101

Sorry I should also mention that the PCN's were for parking without a permit. I forget to put the permit in on the dashboard on a few occasions. I was in the right bay though and had the right to park there,