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  • FIRST POST
    • Immy_007
    • By Immy_007 1st Mar 18, 2:48 PM
    • 87Posts
    • 2Thanks
    Immy_007
    URGENT: UKPC & SCS Law
    • #1
    • 1st Mar 18, 2:48 PM
    URGENT: UKPC & SCS Law 1st Mar 18 at 2:48 PM
    URGENT Advise Required Please

    i am new to this thread and was advised to post a thread

    Received a parking fine from UKPC for overstaying over the 3 hours free permitted time limit and now after 2 years i have a letter from SCS Law demanding the fine.

    Please not: the keepr did not receive any correspondence until this letter received from SCS as wasn't aware the driver overstayed and got this now..so not have not appealed or anything like that as no opprtunity was given to me

    They have given me 30 days to reply otherwise they will issue court proceedings and i have only a few days left so the keeper can reply back either to pay fine, dispute or pay part

    what do i do ? on what grounds can i dispute this if i can??

    Any help and advice would be grateful..so i can send this letter before the deadline and gives me breathing space
    Last edited by Immy_007; 02-03-2018 at 2:29 PM.
Page 10
    • Immy_007
    • By Immy_007 14th Dec 18, 1:17 PM
    • 87 Posts
    • 2 Thanks
    Immy_007
    Ok i shall write to the judge anyway and outline the fact that the claimant did not comply with the court order

    so claiming the expenses part i shall leave till the court hearing date then?
    • Immy_007
    • By Immy_007 13th Apr 19, 12:50 PM
    • 87 Posts
    • 2 Thanks
    Immy_007
    Hi Guys

    I have not heard anything apart from the hearing date letter

    What do i do or where do i stand now?
    • KeithP
    • By KeithP 13th Apr 19, 1:13 PM
    • 14,268 Posts
    • 16,208 Thanks
    KeithP
    What do i do or where do i stand now?
    Originally posted by Immy_007
    Have you filed and served your Witness Statement and evidence?

    When is your hearing date?
    Last edited by KeithP; 13-04-2019 at 1:29 PM.
    .
    • Coupon-mad
    • By Coupon-mad 13th Apr 19, 11:27 PM
    • 70,218 Posts
    • 82,800 Thanks
    Coupon-mad
    Hi Guys

    I have not heard anything apart from the hearing date letter

    What do i do or where do i stand now?
    Originally posted by Immy_007
    Remind us what stage you are at, why this delay, and when is the hearing?

    And as KeithP asked:
    Have you filed and served your Witness Statement and evidence?
    ...as the hearing date letter told you to, by a certain date (when?).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • rachity
    • By rachity 14th Apr 19, 11:31 AM
    • 87 Posts
    • 40 Thanks
    rachity
    Google 'laches' & 'passive acquiescence'
    CAVEAT LECTOR
    • Umkomaas
    • By Umkomaas 14th Apr 19, 11:37 AM
    • 23,009 Posts
    • 36,544 Thanks
    Umkomaas
    Remind us what stage you are at, why this delay, and when is the hearing?

    And as KeithP asked:
    ...as the hearing date letter told you to, by a certain date (when?).
    Originally posted by Coupon-mad
    It must be imminent - this thread was marked as URGENT over 12 months ago!
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Coupon-mad
    • By Coupon-mad 14th Apr 19, 1:57 PM
    • 70,218 Posts
    • 82,800 Thanks
    Coupon-mad
    Google 'laches' & 'passive acquiescence'
    Originally posted by rachity
    But IIRC from my own studies so far, laches is an equitable defence. Normally only used & applied to claims for equitable relief, like injunctions. Not to claims for damages or contractual breach/agreement.

    And in this case a claim was filed already and we last knew that the C had not complied with an order. Not the same thing at all.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • rachity
    • By rachity 14th Apr 19, 9:31 PM
    • 87 Posts
    • 40 Thanks
    rachity
    But IIRC from my own studies so far, laches is an equitable defence. Normally only used & applied to claims for equitable relief, like injunctions. Not to claims for damages or contractual breach/agreement.
    Originally posted by Coupon-mad

    Yes....you would be asking for injunctive relief due to the passage of time, & therefore the (virtual) impossibility of verifying the Claimant's assertions. (Unless you drive the Tardis, that is.)
    CAVEAT LECTOR
    • Coupon-mad
    • By Coupon-mad 14th Apr 19, 9:45 PM
    • 70,218 Posts
    • 82,800 Thanks
    Coupon-mad
    The PCN is only 3 years old - that's nothing compared to some.

    And we don't even know right now, what stage the OP is at.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • rachity
    • By rachity 14th Apr 19, 10:54 PM
    • 87 Posts
    • 40 Thanks
    rachity
    The PCN is only 3 years old - that's nothing compared to some.
    Originally posted by Coupon-mad

    With penalty charge notices to owner/keeper, the maximum allowed for service is 6 months (28 days being preferential.)


    Both BPA & IPC expect similar maximum lengths of time (6 months) for non PoFA cases.


    Imho, to conform to the 14/29-56 day limits imposed by PoFA, & then to sit back & rest on ones laurels for 3 years seems a bit incongruous.
    CAVEAT LECTOR
    • Immy_007
    • By Immy_007 15th Apr 19, 1:40 PM
    • 87 Posts
    • 2 Thanks
    Immy_007
    Hearing is on the 30th April but unfortunately i have misplaced/lost the hearing letter

    I have called the court but will have to pay 10 for another copy as i do not know what actions to take as stated on the hearing letter

    However just yesterday i have received the Claimant's Witness Statement and Statement of Costs dated 12/04/2019 with a massive Thick pile of previous letters and pictures from ANPR camera and signage etc

    The last correspondence was the hearing letter dated 26/11/2018

    Before that was General Form of Judgement of order dated 20/09/2018 where it was stated the claimant shall file and serve the promised detailed particulars of claim within 14 days and the defendant shall file and serve amended defence within 14 days of service of the Particulars of Claim.
    https://imgur.com/a/3Hi7fbm

    and now this witness statement from claimant came yesterday
    Last edited by Immy_007; 15-04-2019 at 1:55 PM.
    • bargepole
    • By bargepole 15th Apr 19, 2:09 PM
    • 2,568 Posts
    • 7,397 Thanks
    bargepole
    Hearing is on the 30th April but unfortunately i have misplaced/lost the hearing letter ...
    Originally posted by Immy_007
    It never ceases to amaze me how many different ways defendants find to shoot themselves in the foot.

    It will almost certainly say that witness statements and evidence must be filed and served not later than 14 days before the hearing. So they need to reach the Court, and the claimant's solicitors, by tomorrow at the latest.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 36, lost 11), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and am a Graduate member of CILEx, studying towards a Fellowship (equivalent to solicitor) in Civil Litigation. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
    • Immy_007
    • By Immy_007 15th Apr 19, 2:45 PM
    • 87 Posts
    • 2 Thanks
    Immy_007
    I am just at work.. is there any samples i can use now i can send today next day delivery..any help would be appreciated please
    • KeithP
    • By KeithP 15th Apr 19, 2:47 PM
    • 14,268 Posts
    • 16,208 Thanks
    KeithP
    Plenty of Witness Statement examples in post #2 of the NEWBIES thread.
    .
    • Coupon-mad
    • By Coupon-mad 15th Apr 19, 5:25 PM
    • 70,218 Posts
    • 82,800 Thanks
    Coupon-mad
    I am just at work.. is there any samples i can use now i can send today next day delivery..any help would be appreciated please
    Originally posted by Immy_007
    You will be getting someone to take a ring binder/well organised and pages-numbered paper file to the court IN PERSON tomorrow, after you write a WS and put your evidence together, tonight.

    The Claimant's copy can be emailed to them.

    That way you will comply with the dates. You CAN do this!

    The NEWBIES thread even lists typical evidence and shows how EASY the WS is to write!

    And have a look at Lop5's recent thread for how to pull apart the C's WS, and how to use the errors in their case, in your own WS.

    No link.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Immy_007
    • By Immy_007 20th Apr 19, 1:01 PM
    • 87 Posts
    • 2 Thanks
    Immy_007
    Sorry i could not get the WS that night and to them on the deadline.. i am too stressed..called the court to see if i can change the hearing date but too late and was asked to fill out a form and pay a fee

    So am i still ok to attend the hearing ? where do i stand now ?

    May i also add that they are pursuing the registered keeper here and do not know who the driver was.. but this matter is dealt by myself on behalf of the keeper..can i act on behalf as keeper has no clue what to say in court ??
    Last edited by Immy_007; 20-04-2019 at 1:04 PM.
    • Coupon-mad
    • By Coupon-mad 20th Apr 19, 8:39 PM
    • 70,218 Posts
    • 82,800 Thanks
    Coupon-mad
    So you obviously still file & serve your WS and evidence, like everyone else here manages to do - better late than never.

    We told you to get the WS & evidence in by a deadline. When you didn't achieve that deadline, are you honestly saying you didn't bother with it at all?

    Not even late? I am concerned for your case, get on with it!

    Of course you can speak for the D if they attend too, this is covered in so many threads we really hoped you'd read by now. So many threads about this...

    Read other defence threads about how people won and how they used a LAY REP (like you) with the Defendant.

    Search the forum (ADVANCED SEARCH) for these words:

    another one bites the dust

    and then, separately

    Lay representative

    and how about

    late Witness Statement

    HOW TO USE THE FORUM SEARCH FUNCTION:

    Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function.

    Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.
    Please could you read at least twenty accounts of how people won, and look at their WS and evidence that they filed, and get on with it - if I am right and you instead did nothing?

    You are seriously not planning on rocking up having not even bothered with a WS and evidence from the Defendant (who must attend with you of course).

    Please tell us you are not.

    Show us your planned WS and evidence on Monday after reading more threads, please.
    Last edited by Coupon-mad; 20-04-2019 at 8:43 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Umkomaas
    • By Umkomaas 20th Apr 19, 8:44 PM
    • 23,009 Posts
    • 36,544 Thanks
    Umkomaas
    Almost 200 posts and more than 12 months ago this thread was marked URGENT. Seemingly that was directed at regulars and didn’t apply to the OP himself!

    This is now looking like a bit of a road crash.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • KeithP
    • By KeithP 20th Apr 19, 9:54 PM
    • 14,268 Posts
    • 16,208 Thanks
    KeithP
    So you couldn't send it last Monday. Almost understandable if this task had been suddenly sprung upon you.

    What happened on Tuesday?

    What happened on Wednesday?

    Surely by Thursday you had a perfect Witness Statement already written?

    Still not filed it?

    Never mind. Put the finishing touches to it this weekend, you get an extra day, then hand deliver it and your evidence to the court first thing on Tuesday morning.

    Job done.
    .
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