Letter Before Claim - SCS Law & UKPC - Please Advise

D_P_Dance

They have wasted your time, consider wasting some of theirs, read this 

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---letter-before-court-action/

DoaM

CVKTA said:

I’ll post a more detailed report later after these few celebratory beers!!

Still celebrating? 🍻

beamerguy

DoaM said:

CVKTA said:

I’ll post a more detailed report later after these few celebratory beers!!

Still celebrating? 🍻

Patience dear boy, it will take a lot to explain how a judge savaged SCSLAW

CVKTA

Good Evening to all.
Apologies, I've been travelling with work for a few days and have been itching to report back to you guys.
So, I can't for the life of me remember the Judges name (I assume the report will be either sent to me or available somewhere - any ideas on this?)
Let me set the scene....
The hearing was at 2pm on Monday, so I spent a few hours on both Saturday and Sunday evening reading up and preparing, and then pretty much from 7am-1pm on Monday doing the same. I had all paper work laid out ready with post it notes, relevant lease exerpts highlighed, notes everywhere laid out.... how unnessesary this all turned out to be... 1pm-2pm was spent pretty much just pacing waiting for the call.
2:15pm comes and the call arrives. Present on the telephone call: Judge (a lovely and somewhat pleasent lady), my wife as the defendant (downstairs), myself as her lay rep (upstairs) and the SCS Law rep who's name I had not come across throughout the proceedings (I won't share his name for obvious reasons - lets call him Mr X for this)

• Judge asked for individual confirmation that all 3 of us were on the call
• Judge then asked us all to remian on mute unless requested to speak
• Judge then opened up and flew straight out of the blocks at Mr X. It was a beautiful moment of realisation that the next hour would be a breeze. She said to him (something along the lines of) " Mr X, after reading through the evidence submitted and studying your claim, I really need your help. Can you please explain and help me to understand this claim has been bought when the claimant clearly has a right to park granted by their lease which pre dates your operation" (at this point my wife and I met on the stairs and had a mini silent celebration)
• Mr X then went through some god awful reasons as to why UKPC had bought the claim which went backwards and forwards for about 20 minutes.
• Judge then clearly said to Mr X that within the the claimants lease, it states that they have the exclusive right to park a motor vehicle. She referenced the clause within the lease and pointed out the page number within my evidence bundle and asked Mr X what his view was. We then waited for honestly a good 90 seconds or more whilst Mr X bumbled and stuttered that he coudln't find the lease. Judge then offered further prompts as to where in the bundle it was but still nothing from Mr X. Judge then offer myself the opportunity to point it out. I was of course ready and waiting and pointed it out exactly where it was on THEIR evidence bundle.
• More waffle followed from Mr X only to be shut down by the Judge.
• Judge then hammered Mr X with the fact that they could not offer anything as there was already a contract in place within the lease. Then some more on the fact that no consideration had taken place for the leaseholders etc
• What came next left me embarrassed for him. I heard him scurrying back through pages of evidence to where he then pointed out that the lease agreement was between the MA, landowner and myself (as the husband of the defendant) and not specifically with the defendant. Mr X then stated that he wasn't an expert but suggested that my wife (being the defendent) wasn't privy to the lease.
• Judge then delivered an almightly hammerblow and chastised Mr X completely and said that she was not willing to offer him a lesson in spouse law and matromonial rights.
• It went on and on with some more nonsense which I can't really remember and then the judge came back with the full verdict and threw the case out on the grounds of Primacy of Contract.
  
  
• On to the costs, Judge went through and lowered my claimed loss of earnings to £47.50 from £60.00 (with some guidance from Mr X about maximum claim being £95.00 and I only needed half a day off??)
• Judge then went through my other costs and to be honest at one point I though I may get something but seemed to u-turn at the end as she said they hadn't acted unreasonably.

We didn't even get near Abuse of Process, Derogation from Grant and more. It seemed as though Judge had read the case notes and dismissed it before she had even began the hearing. It was beautiful.

Back to the end of the story:

• The call ended, my wife and I met on the stairs, we hugged, we opened a beer and then had a fantastic ceremonial bonfire in the garden of all of the paperwork and documentation.

I'd like to extend my sincere thanks to all of you wonderful people as I feel like a weight really has been lifted.

I've noticed that C-M and and 1 or 2 others have linked something for me to follow up with which I will do just now.

Also, @sadwithoutmynelson, read my thread and send me a message - let me help if I can.

As always, CVKTA

Redx

yes the defendant will receive paperwork in the post , maybe in a few weeks time , so pop back with the details if thats ok ?

and read this similar saga that Lamilad just won and hopefully will be used in future similar cases like yours and theirs

https://forums.moneysavingexpert.com/discussion/6188920/court-report-leeds-ukpc-v-m-appeal-hearing#latest

Umkomaas

Brilliant, thanks for such a detailed report covering a wonderful win. Given @Lamilad's most recent success (reported today), this hasn't been a happy period for UKPC or their legals, SCS Law. 

It really makes one wonder why a (potentially) respectable law firm would want to represent a client with so many skeletons in their cupboard, which include the doctoring of photographs for self enrichment. 

CVKTA

Redx said:

yes the defendant will receive paperwork in the post , maybe in a few weeks time , so pop back with the details if thats ok ?

and read this similar saga that Lamilad just won and hopefully will be used in future similar cases like yours and theirs

https://forums.moneysavingexpert.com/discussion/6188920/court-report-leeds-ukpc-v-m-appeal-hearing#latest

Absolutely, I'll post here when it arrives

CVKTA

Umkomaas said:

Brilliant, thanks for such a detailed report covering a wonderful win. Given @Lamilad's most recent success (reported today), this hasn't been a happy period for UKPC or their legals, SCS Law. 

EXCELLENT NEWS 

beamerguy

CVKTA said:

Umkomaas said:

Brilliant, thanks for such a detailed report covering a wonderful win. Given @Lamilad's most recent success (reported today), this hasn't been a happy period for UKPC or their legals, SCS Law. 

EXCELLENT NEWS 

Well done ... second report today where UKPC/SCSLAW had a major car crash

Note for the SCSLaw boss ....... stay away from parking scammers when you don't have a clue what is going on ???????    First rule in being a professional = Understand what you are doing ?

CVKTA

D_P_Dance said:

They have wasted your time, consider wasting some of theirs, read this 

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---letter-before-court-action/

Is there any chance of this having any gain? Or is it just to be a nuisance?!