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SCS-Law Letter Before Claim, Ukpc - Court Claim

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,513 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can you show us the defence you emailed, in particular, what you put as the facts in para 3 that you had to write yourself?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • erasec
    erasec Posts: 23 Forumite
    Second Anniversary 10 Posts
    edited 25 January 2021 at 8:23PM
    Can you show us the defence you emailed, in particular, what you put as the facts in para 3 that you had to write yourself?
    Sure, I have actually tried to use the reasons that you kindly advised at the beginning of the process, adding a bit of personal details. Here are the parts I have added:

    2. It is admitted that the Defendant was the registered keeper and the driver of the vehicle in question but liability is denied.

    3. The Defendant lives in xxxxx yard where most parking charges come from. One the parking charges is from xxxxx Retail Park, a shopping centre. The signage in xxxxxx Park specified that customers have free parking for a defined time, but does not provide motorcycle bays or even mention motorcycles in the signage. The signage in xxxxx yard is damaged, insufficiently clear and does not specify motorcycles. The signage in both locations does not provide offer, acceptance and consideration to be a legally binding contract. The defendant first heard about the parking charges months later, when harassed for a couple of years by letters and the bombardment of debt recovery letters. The Defendant also believes he should not be liable due to the Claimant not complying with the “keeper liability” requirements set out in the Protection of Freedoms Act 2012, Schedule 4. 
    The Defendant is still receiving threatening letters from debt collectors on behalf of the Claimant for parking charges that SCSLaw on behalf of the Claimant confirmed via email that were added to this Claim after a complaint by the Defendant about those letters. The parking charges missing from this Claim are dated: 8 August 2019, 16 August 2019 and 12 September 2019. Mr xxxxxx from SCSLaw confirmed on behalf of UKPC via email on the 10th of February 2020 that those parking charge notices were added to this Claim file. As a resident of xxxxx Yard, the Defendant contacted UKPC multiple times to enquire about motorcycle parking and permits, and the Claimant admitted that motorcycle permits are non-existent and there are no motorcycle parking bays. The defendant is a tenant in xxxxx Yard and denies accepting any contract with the Claimant. The defendant also denies accepting any contract in xxxxxx Retail Park.  
  • erasec
    erasec Posts: 23 Forumite
    Second Anniversary 10 Posts
    Now get up to speed on the next steps
    You know from the newbies thread that this is only the first step. If you mess up further steps, like you may have done here, then you could still automatically lose. 
    Thank you. I saved the page and will follow next steps.

    I have received an update from the court today by post. They have acknowledged the defence, which is a relief for now. 
    They also write that their next step is sending the defence to the Claimant, who could contact me directly to solve the dispute, or contact the court in 28 days and ask for proceeding. 
    I will not miss dates and planning this time, if they persist. 
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