LBC - UKPC/SCS Law

summertech

Thanks all.

summertech

Hi all
I hope you are keeping well in these unprecedented times. 

I submitted my DQ to the CCBC and the Claimant on 20th March, receipt confirmed by both. I didn't agree to mediation so marked the form accordingly, but I have recieved an email from the small claims mediation service this morning stating:

"Following your recent contact with the Small Claims Mediation Service, the details of your Mediation Appointment are below"

I haven't contacted/been contacted by the SCMS prior to this - how should I proceed? They have asked for me to respond with my contact number, and stated that I must participate in good faith! My defence and DQ clearly state that I intend to defend the claim in full.

Thanks in advance for your advice 

Le_Kirk

I would reply by e-mail with a copy of your DQ clearly showing that you declined the mediation service and hoping that they haven't set up an appointment for you instead of some poor soul who actually ticked yes to mediation and is waiting for an appointment.

summertech

Hi all
I hope you had a great Christmas and New Year. I have a telephone hearing on the 18th of January and I'm currently in the process of producing my Witness Statement etc. I have recieved my bundle from the claimant inc a statement of costs, and they are claiming a further £580.40 in costs, in addition to the £640.00 + court costs on the Claim Form. 

Are they correct and will this additional £580.40 be recoverable in court? A final settlement of £1360.40 from an original fine amount of £400.00 seems extremely excessive.

Thanks in advance

KeithP

summertech said:

Are they correct...

No they are not.

Hopefully you have been able to spend some time since last April reading many threads about how others have tackled this problem.

What is the court imposed deadline for you to file and serve your Witness Statement, evidence and Costs Schedule?

Le_Kirk

It is excessive and won't be allowed.  The original PCN would be £100 plus £25 filing fee plus £25 hearing fee plus up to a maximum of £50 legal costs and they can only add these costs ONCE per hearing.  I bet they have added spurious £60 debt management/admin costs, again NOT allowed.  How many PCNs are we talking about here?

BrownTrout

You have to be prepared to challenge these costs
SCS always do a costs schedule like this,

summertech

There are 4x PCN's at £160.00 each (£100 charge and £60 admin costs).

The court deadline for filing of documents is 3 days before the hearing, so I will need to submit no later than Friday 15th Jan but hoping to have everything submitted this week.

I will firstly try to engage with SCS Law to provide a combined bundle as per the Telephone Hearings thread, should I wait for them to respond (which I am sure they won't) or issue my documents directly to the court at the same time?

Thanks again for your assistance

Le_Kirk

summertech said:

There are 4x PCN's at £160.00 each (£100 charge and £60 admin costs).
The court deadline for filing of documents is 3 days before the hearing, so I will need to submit no later than Friday 15th Jan but hoping to have everything submitted this week.
I will firstly try to engage with SCS Law to provide a combined bundle as per the Telephone Hearings thread, should I wait for them to respond (which I am sure they won't) or issue my documents directly to the court at the same time?
Thanks again for your assistance

Straight away one can see that they have added £60 to each PCN allegedly for admin control or some other made up fancy.  If you do not get a sensible reply from SCS Law, make sure you do not miss the deadline for filing and serving.

summertech

Le_Kirk said:

Straight away one can see that they have added £60 to each PCN allegedly for admin control or some other made up fancy.  If you do not get a sensible reply from SCS Law, make sure you do not miss the deadline for filing and serving.

Yes indeed, my Defence is based on Coupon-mad's template arguing against the legality of the added charges. 

With their WS, the PC have appended BPC vs Matthew Semark-Jullien in which the Claimant successfully appealed a case that had been struck out for AoP - this was on 29th July 2020 so I assume all parking companies are now including this case in their evidence. Has this case had an effect on the success of AoP related defences?