SCS Law/PCN

Coupon-mad

7 parking events is £700 (unless you win, in which case it's zero). No added costs. UKPC have form for making up £60 'costs' as an add-on they sometimes say is for debt collection.

But not only do they not pay anything for the DRP letters (it's a no win no fee 'service') but the £100 already more than comfortably covers a large profit above the low cost of operating an automated PCN scheme of template letters (costs them no more than £15). They have suffered no damages. They can't try double recovery by adding £60 per PCN, unless you let them by not challenging that!

Mykep85

Thank you Coupon Mad.

Regarding a letter to send to SCS Law, I couldn't find an example of a Holding Letter- can you please point me in the right direction?

Coupon-mad

I think I mentioned what to say in the NEWBIES thread and also above:

a holding letter to the solicitor, asking for data restriction/case to be put on hold, pending the SAR.

Mykep85

Thank you again Coupon Mad.

I would also like to send the other recommended comms to UKPC...it's not too late to do so, is it?

"Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,"

Coupon-mad

Far too late to appeal.

You need to send UKPC a SAR, as per the Legal Beagles example, so you get to see their hand (all photos & data, all letters) before Christmas.

I've had the Claim form come through, and I've now been online to complete the MCOL.

You need to defend the claim.

Mykep85

Ok, I have sent a SAR to UKPC, and a holding request letter to SCS Law.

I will also make a complaint to PALS today (they relate to hospital visits).

I will keep you updated!

KeithP

I'm not too sure that asking the Claimant to delay proceedings is going to work as a Court Claim Form has already been issued.

Is it even possible at this stage?

Mykep85 wrote: »

Issue Date is November 13th...

With a Claim Issue Date of 13th November, you have until Monday 3rd December to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 17th December 2018 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If it is not, chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

nosferatu1001

No, I dont beliebve it is possible - they would have to apply for a Stay, at £100, which they wont do

Get your defence preparing,
YOu need this going to the PPC today.

Mykep85

Thanks Keith P, I did the AoS a couple of days ago.

With the deadline of December 17th for my defence, if the SAR doesn't come back from UKPC in time (they have a month from today), then I guess I have to press on, without their 'evidence'?

Mykep85

Nosferatu, what needs to go to the PPC today?

I have:

-done the AoS (2 days ago)
-sent UKPC the SAR (today)
-sent a holding request to SCS Law (today)

I am in the process of writing to PALS, however futile that might prove to be.

Is there anything else which requires my immediate (today) attention?