SCS Law - UK Parking Control Ltd

parkypark1

Hi

I've been following the forum for a while now due to a parking case I have ongoing with SCS Law and UK Parking Ltd. I was sent a range of letters asking me to pay, which I ignored due to some bad advice, and now I've had all of the fines totalled (circa. £3000) and chased by SCS Law.

I used to live alongside a car park which we were told we would have passes issued by the council - even the parking attendant told us he had to give us tickets but we could ignore them. We didn't end up getting the passes and now I worry this might hurt our case.

They sent me a letter before court detailing the case and I worked through the forums to send them a response to ask them to demonstrate how they obtained my data, provide proof of the contract, signage, my vehicle being there alongside justification of the additional fees that were added on (£100 - £160).

I would like to know if it's too late, or whether there is still something I can do to avoid this unreasonable cost. Thank you in advance

Their latest response is below:

Re: Debt owed to UK Parking Control Ltd

We write further to receiving your response dated XX October 2018 to our Letter Before Claim dated XX September 2018.

For the avoidance of doubt, we consider that our Letter Before Claim is compliant with the Pre-Action Protocol for Debt Claims.

As per your request, please find enclosed the following documents:

· A copy of the contract between our client and the landowner;
· Copies of all photographic evidence pertaining to the parking charge notices and follow up letters sent;
· Copies of the signage at the site, showing the terms and conditions of parking at the site and
· A site map.

All the points raised within your email will be responded to in the same corresponding order.

Firstly, our client rejects your allegations that the signage forbade parking. The attached signage clearly shows the terms and conditions of parking at the site, which may be accepted or rejected by the motorist, i.e. whether to park and comply or not. In turn, this created a valid contract open for acceptance.


Our client has complied with the requirements of paragraph 4(2) of Schedule 4 to the Protection of Freedoms Act 2012 and is therefore pursuing you as the keeper of the vehicle under paragraph 4(1) of the same, having been provided with your details as being those of the registered keeper by the Driver and Vehicle Licensing Agency. Paragraph 5(1) of the same further provides that our client may pursue the registered keeper because they were not aware and were not provided with the driver’s name and current address for service. As such, our client pursues you, the registered keeper for the PCNs.

The sums of the PCNs were clearly shown on the signage erected at the site, which is also attached to this email. Upon parking at the site, these terms and conditions are deemed accepted by the driver. The attached signage provides that failure to comply with the terms and conditions will ‘result in a £100 Parking Charge (reduced to £60 if paid within 14 days)’, and ‘unpaid Parking Charges will be passed to our debt recovery agent at which point an additional charge of £60 will apply’. Further, ParkingEye v Beavis [2015] UKSC 67 confirms that the amount will be recoverable provided it is proportionate to a legitimate interest. Our client’s position is that there is a legitimate interest in operating parking restrictions to control parking on the site.

It is our client’s position that Alternative Dispute Resolution (ADR) is no longer suitable for this matter. Our client has provided you with numerous opportunities to use their appeals procedure to settle the matter by ADR. You were first given the opportunity to appeal to UKPC internally and if this were unsuccessful, you may have appealed to Parking on Private Land Appeals (POPLA). Due to the ADR procedures not being used, our client considers that this matter to no longer be settled by such ADR procedures.

Our client validly obtained your information from the Driver and Vehicle Licensing Agency (DVLA) due to having a legitimate interesting in obtaining such, namely to pursue the driver of the vehicle for breach of contract. This information was not used for any further purpose outside the basis on which it was provided by the DVLA. Further to this, all correspondence sent you was in accordance with the usual procedures and as such, our client refutes your allegations of harassment.

We trust this clarifies matters. Please be advised that unless a formal response or payment is received from you within 30 days from the date of this letter, we will consider that no agreement has been reached between the parties and we anticipate instructions from our client to issue court proceedings.

beamerguy

You would have received debt collector letters, which debt collector ?

What is their breaksown of the £60 add-on per ticket ?

parkypark1

Thank you for your quick response.

The chasing came direct from UK Parking initially and I can't remember who the debt recovery agency were - sorry! In the initial UK Parking letter they said that they would add an additional charge of £60 in accordance to their t&c's

beamerguy

parkypark1 wrote: »

Thank you for your quick response.

The chasing came direct from UK Parking initially and I can't remember who the debt recovery agency were - sorry! In the initial UK Parking letter they said that they would add an additional charge of £60 in accordance to their t&c's

It is important that you remember as there is a good reason why ?

These T&C's on the signs, do you have pictures of these, not what they supplied ... taken by you

How many tickets did you receive ?

parkypark1

I had over 15 separate tickets.

The signage is accurate that they've sent.

Is there any way I can find out which debt recovery company they used?

nosferatu1001

The £60 cannot be claimed against a Keeper.
Only the ORIGINAL amount on the NtK.

beamerguy

parkypark1 wrote: »

I had over 15 separate tickets.

The signage is accurate that they've sent.

Is there any way I can find out which debt recovery company they used?

So, the way the system works is that for each ticket they must request details from the DVLA. So that means they must have applied to the DVLA at least 15 times.
Chances are they did not and just used the data they got for one request

You must find this out quickly by contacting the DVLA and request who obtained your details from xxx date to xxx date for your reg mark.

Why not upload pictures of these signs to a free hosting site and then link them here using hxxp and not http.
Someone will make them live

Let us see these T&C's to decide

One debt collector used the most is DRP SO READ THIS
https://forums.moneysavingexpert.com/discussion/5859454/debt-collectors-drp-zzps-what-they-dont-want-you-to-know&highlight=debt+collectors+drp

Ring any bells??

Coupon-mad

It'll be debt recovery plus.

There was NO £60 expenditure, they made it up to inflate the claim they will serve. This is always defendable!

You need to read SCS Law UKPC defence threads, and see how they are won, so please do read loads of them (search the forum). We win multi-ticket cases from UKPC all the time.

we were told we would have passes issued by the council

Who told you that and can you prove it, get the person who said this to confirm?

parkypark1

I've contacted the DVLA but it'll take 2-4 weeks to get the information back from them, however I need to get back to SCS Law in two weeks.

I will read more of the threads tonight but they all seem to have something shaky in them which helps break the claim down. Given I think a lot of their information is correct about me, what is my best response to buy time before getting the information back from the DVLA?

I don't think we have email or letter proof from the council as it was via telephone.

The_Deep

Be aware, UKPC is not John Lewis.

https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

http://parking-prankster.blogspot.com/

Watch the video.

This is 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 in the house as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an
M.P. for unprofessional conduct

The problem has become so widespread 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

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

Coupon-mad

parkypark1 wrote: »

I've contacted the DVLA but it'll take 2-4 weeks to get the information back from them, however I need to get back to SCS Law in two weeks.

I will read more of the threads tonight but they all seem to have something shaky in them which helps break the claim down. Given I think a lot of their information is correct about me, what is my best response to buy time before getting the information back from the DVLA?

The case against you is shaky, ALL UKPC claims are shaky. Come on, be confident!

I don't think we have email or letter proof from the council as it was via telephone.

So send the Local Authority a Subject Access Request and a Freedom if Information Request (head it up as BOTH) asking for all information held, emails telephone notes and decisions made about the offer made to residents of xxxx to have permission to ... whatever you recall was said, spell it out...around xx/xx/xx date (approx).