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Letter Before Claim - SCS Law & UKPC - Please Advise

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I agree with Umkomaas.

    You could add a line suggesting that if they can no longer find their copy of the lease, they can always purchase another copy from The Land Registry.
  • CVKTA
    CVKTA Posts: 203 Forumite
    Third Anniversary 100 Posts Name Dropper
    This was kind of what I was thinking, thanks for your input both!
  • CVKTA
    CVKTA Posts: 203 Forumite
    Third Anniversary 100 Posts Name Dropper
    My latest response:
    ______________

    The excerpts that I graciously provided contained the relevant sections from my Lease Agreement for your client to quash their farcical claims against me.

    With your clients outlandish monetary claims against residences parking in their own spaces, I assume that they would have had undertaken a full and professional due diligence assessment of the estate when selling their services and signing a contract with the Persimmon then I expect that they would have such a document in their possession

    I can assure you that the rest of the lease is generic to all residences and as your client should have a copy following their due diligence, there is no need for me to supply them another.

    If your client can no longer find their copy of the lease, then I'm sure they would be able purchase another copy from The Land Registry.

    Please correspond via email going forward.

    Yours Sincerely,
  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    claims against residences parking
    Shouldn't that be: -
    claims against [STRIKE]residences[/STRIKE] residents parking
    contract with [STRIKE]the[/STRIKE] Persimmon

    And you have another residences further down!
  • CVKTA
    CVKTA Posts: 203 Forumite
    Third Anniversary 100 Posts Name Dropper
    Thanks Le_Kirk, hastily written. Amended now.
  • CVKTA
    CVKTA Posts: 203 Forumite
    Third Anniversary 100 Posts Name Dropper
    Hello all,

    Response has been received, pleading for the full lease copy even after the previous emails:

    Re: UK Parking Control Ltd

    I write further to your email dated 21 March 2019. I have now taken our client's instructions.

    Our client requests a copy of your full lease to read the document in its entirety. This will enable our client to consider all clauses relevant to this matter and to consider your position in full. The Pre-Action Protocol for Debt Claims aims to encourage early engagement between the parties and exchange of sufficient information about the matter. It is our client's position that assessing the lease in its entirety would help to clarifies the issues in dispute.

    I would be grateful if you could provide the above within 14 days,

    Yours sincerely,

    Any thoughts?

    CVKTA
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CVKTA wrote: »
    Any thoughts?
    Yes, I have one.

    Their client will surely have already read every line of the lease.

    What company would set up a contract with a landowner without carrying out Due Diligence to confirm that they had the right to form legitimate contracts with leaseholders?

    If their client cannot now lay their hands on that lease, perhaps they should be invited to buy their own replacement copy from H.M.Land Registry.
  • Gunner84
    Gunner84 Posts: 67 Forumite
    I had a carbon copy of this situation. It basically just went around in circles. They kept asking for the lease, I kept telling them to fill out an OC2 form, as I am not their administrative assistant, and this should have all been done.

    Radio silence eventually until court (the amount was £1100 in an otherwise identical situation). On the day they of course had the whole lease, and desperately pointed to estate regulations even where it wasn't relevant.

    Stand strong. The information is available to them and they will already have it.
  • CVKTA
    CVKTA Posts: 203 Forumite
    Third Anniversary 100 Posts Name Dropper
    Thanks Keith and Gunner!

    In my previous contact with them I stated exactly as Keith mentioned and they have come back just pleading for it again!?
    I will reiterate this again.

    Gunner, what was the outcome in court?!
  • Umkomaas
    Umkomaas Posts: 43,469 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 April 2019 at 4:26PM
    Gunner, what was the outcome in court?!

    Read all about it:

    https://forums.moneysavingexpert.com/discussion/5799683/ukpc-scs-claim-form-recieved

    Surprised you haven’t come across this in the research you’ve been doing of all the SCS/UKPC cases - so vital for you at this stage.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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