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  • FIRST POST
    • Immy_007
    • By Immy_007 1st Mar 18, 2:48 PM
    • 92Posts
    • 3Thanks
    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 11
    • KeithP
    • By KeithP 29th Apr 19, 4:31 PM
    • 14,823 Posts
    • 17,080 Thanks
    KeithP
    How are you planning to manage without any evidence?
    .
    • Coupon-mad
    • By Coupon-mad 29th Apr 19, 5:39 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    What do i do tomorrow?
    Turn up 30 minutes early (to avoid stress and delays, and to get through security). Do not agree to a chat with the other side's rep to 'settle'...

    ...and pray for a miracle.

    what do i need to take with me ?
    Your defence is all you have, you have not filed any evidence or a Witness Statement. You could take proof of your wages per day in case you get that miracle or an angel Judge, so you can claim your costs if you do somehow win.

    will my previous defence statement be sufficient to read the points out to the judge?
    It'll have to be, as you are not allowed to ambush a Claimant with evidence on the day.

    If you get a chance to adjourn to allow you to get evidence and file a WS then do so. BUT ONLY if you WILL file and serve a WS & evidence or you will get walloped for costs later.

    If not, then PLEASE make a good case about added costs, so that when you might lose the case, the Judge does NOT allow costs on top! explained in an example defence here under the subheading 'Costs on the claim - disproportionate and disingenuous':

    https://forums.moneysavingexpert.com/showthread.php?p=75711757#post75711757

    At least try to peg it back so the costs are stripped from the claim.

    I am not saying to admit to the claim, stick with your defence and try to expose their evidence as lacking, then move on to costs before the Judge sums up.

    HTH - and again - TURN UP on time with all of the above, and cross fingers.
    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
    • KeithP
    • By KeithP 29th Apr 19, 6:07 PM
    • 14,823 Posts
    • 17,080 Thanks
    KeithP
    It amazes me that a Defendant that cannot find the time to write a Witness Statement can actually find the time to attend a court hearing.

    We shall see... or maybe we won't.
    Last edited by KeithP; 29-04-2019 at 6:25 PM.
    .
    • Umkomaas
    • By Umkomaas 29th Apr 19, 7:36 PM
    • 23,429 Posts
    • 37,356 Thanks
    Umkomaas
    It amazes me that a Defendant that cannot find the time to write a Witness Statement can actually find the time to attend a court hearing.

    We shall see... or maybe we won't.
    Originally posted by KeithP
    Especially as it was all so URGENT 12 months ago and over 200 posts with ongoing input from forum regulars.

    As I said earlier, this is more and more looking like a serious road crash. I genuinely hope Im proved wrong.
    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.
    • Immy_007
    • By Immy_007 11th May 19, 11:26 AM
    • 92 Posts
    • 3 Thanks
    Immy_007
    UPDATE:

    Attended the hearing and it turns out it was a different Judge
    As you were aware of the situation as went there without submitting any evidence and WS..however the judge allowed me to represent and speak on behalf of the defendant
    I Had my defence statement and read out all the points for the judge to consider

    Main points was that i questioned:

    The contract was dated from 2013 and whether they have an up to date contract to which the claimant's representative replied that it was a rolling contract

    Argued about the signange and that NO CONTRACt was formed

    ANPR systems

    No Site Map

    Under the POFA Act that maximum was 100 to which the judge had no idea of that and that the COSTS are disproportionate

    Also argued the DPA via DVLA was breached obtaining my information

    The Calimant's representative also asked who was the driver to which we did not know as the driver was never identified

    However the Judge ruled it against me and confirmed that a contract was formed and that the driver should take responsibility to read the signs and find out themselves and ordered to pay the DEBT and extra costs

    Claimant's representative also wanted to claim for the representative attending fee to which the judge declined

    Yes i admit that it was my fault that i could not defend the case as i should have been able to as i feel that if that evidence was in front of the judge then his views have been different. I feel that case was not fair at all.. i did try to convice the judge and did my best fro what i had

    I have not received any correspondence as of yet since the hearing
    So do i have a chance for appeal ? where do i stand ?
    Last edited by Immy_007; 11-05-2019 at 12:05 PM.
    • Umkomaas
    • By Umkomaas 11th May 19, 12:36 PM
    • 23,429 Posts
    • 37,356 Thanks
    Umkomaas
    So do i have a chance for appeal ? where do i stand ?
    Did the Judge agree that an appeal could be made?

    Did the Judge make an error in law in his judgment?

    There is no appeal stage on the basis of not agreeing with, or disliking the judgment.

    On what basis are you considering an appeal?
    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.
    • Immy_007
    • By Immy_007 11th May 19, 1:01 PM
    • 92 Posts
    • 3 Thanks
    Immy_007
    He did mention about an appeal at the beginning as what my rights were

    I can't state if an error of law was made but i felt my case was not fully heard as lack of or no evidence from my side and was not fully prepared for it at all..Feel like only the claimants views and evidence was considered..not even a single point was heard in my favour

    Judge only was the fully blown up images provided of the signs and not the actual view pictures taken from a naked eye where the signs were not readable at all

    What basis can i appeal ? i have no idea on this at all
    • Coupon-mad
    • By Coupon-mad 11th May 19, 1:13 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    You have no chance of appeal as you filed no evidence, as you said before the first hearing, so IMHO there are no facts that were missed or errors made:
    Hearing is tomorrow at 10am and i have not been able to send anything to court..i work 7 days a week and family kids so it has been really hectic and i know that is not a valid excuse.

    i am mentally and physically shattered and i don't have much access to computer only at work as its so busy can only come on occasionally..all this is so time consuming and i have not even had a chance to look at ANY examples.. i have patients waiting as i am typing this and i am very stressed out
    You only had a defence and you were given the chance to read it out and to speak at length about the signs and the POFA, etc:
    I Had my defence statement and read out all the points for the judge to consider
    i feel that if that evidence was in front of the judge then his views have been different.
    We agree, which is why we REALLY pushed you to fit in time to file & serve a WS and evidence.

    I am always so sad when people report a loss at court, very sad, but I did say you needed a miracle without filing any WS or evidence, you were in breach of the court's directions from the start and had (for good reasons, and stress, I am sure) gone against our advice.

    Even if you'd had a copy of the POFA printed out and filed & served in time, you could at least have walked the Judge through the applicable law and removed the fake costs.

    You will have to pay within 30 days to avoid a CCJ, then forget it.

    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 16th May 19, 2:49 PM
    • 92 Posts
    • 3 Thanks
    Immy_007
    Court letter has come through a couple days ago confirming the Fee Plus the costs of 185 to be paid

    I am sad too as it has been a loss and the scammers have won on this occasion.. but its happened now and i am to blame for not acting on time given by the court and wish things were different. I would like to Apologise for not taking your advice on board..it was never intentional..just my unfortunate circumstances.

    I would like to Thank Coupon Mad and EVERYONE else who have helped me and guided me throughout this stressful and awful case. Really appreciated

    One more question: Can i pay monthly instalments? as i cannot afford to pay in full at this time and if so how can i set that up ?
    • Le_Kirk
    • By Le_Kirk 16th May 19, 2:50 PM
    • 4,858 Posts
    • 4,360 Thanks
    Le_Kirk
    If you want the CCJ not to be enacted and appear on your credit report, you need to pay in full, get proof of payment and send that to the court.
    • Coupon-mad
    • By Coupon-mad 16th May 19, 3:26 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    Can i pay monthly instalments?
    DON'T!

    Don't let the scammers also ruin your credit rating for six years.

    Borrow the money from a family member, pay in FULL and repay them in instalments.
    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 16th May 19, 3:41 PM
    • 92 Posts
    • 3 Thanks
    Immy_007
    Thank You

    I have not received any other correspondence from the claimant yet just the letter from court.. so who do i contact and pay ? or should i wait for the letter ?
    • Coupon-mad
    • By Coupon-mad 16th May 19, 3:53 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    What letter do you think will arrive? Nothing...then you will get a CCJ for not paying.
    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
    • Socrates_1
    • By Socrates_1 16th May 19, 4:51 PM
    • 18 Posts
    • 1 Thanks
    Socrates_1
    There is no-one to thank here. You're very first comment indicated there was an amount to be paid but you've been misled about it being a scam. It is not.

    You've been misled about the help. The help is just people echoing each other with little understanding of the law and a lot of opinion about their skills. They wouldn't survive in court day in / day out.

    There is a lot of money for the operators in convincing people that these are unenforceable as it allows operators to charge the extras for collecting the unarguable debt. You might even wonder why there is so much faulty advice.

    The thanks, if there is any, is to those that got you to this point. The thanks is from the operators.
    I cannot teach anyone anything, I can only make them think.
    • BrownTrout
    • By BrownTrout 16th May 19, 4:53 PM
    • 269 Posts
    • 302 Thanks
    BrownTrout
    Ignore the parking operator employee above. Plenty of people who stop you getting peoples money
    • Coupon-mad
    • By Coupon-mad 16th May 19, 5:37 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    The thanks This post is from the operators.
    Originally posted by Socrates_1
    Fixed that for you.

    Every post you make berates people for daring to defend.

    You are not being nice to newbies. Far from it, you represent the views of the scammers.

    Your industry is clearly worried, or you are personally, to bother to come here trying to put a spanner in the works of a very successful forum, and to post such awful things as you did the other week when you took the mickey out of an ordinary family with a McKenzie friend trying to cope with a claim.
    Last edited by Coupon-mad; 16-05-2019 at 5:39 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
    • bargepole
    • By bargepole 16th May 19, 5:40 PM
    • 2,585 Posts
    • 7,446 Thanks
    bargepole
    You've been misled about the help. The help is just people echoing each other with little understanding of the law and a lot of opinion about their skills. They wouldn't survive in court day in / day out.
    Originally posted by Socrates_1
    Read my signature. Most of your ilk break out in a cold sweat when they realise I'm against them in court.

    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.
    • tboo
    • By tboo 16th May 19, 6:01 PM
    • 856 Posts
    • 4,475 Thanks
    tboo
    Not sure if it will do any good but I've reported the poster Socrates_1


    Hopefully they'll jog on - just a troll and a bully.
    Started on the No Clutter thread - 25/01/2018
    Youre only here for a short visit. Dont hurry, don't worry and be sure to smell the flowers along the way. Walter Hagen
    Mortgage free 2/07/18. 9 years early

    • Johnersh
    • By Johnersh 17th May 19, 8:41 AM
    • 1,314 Posts
    • 2,576 Thanks
    Johnersh
    There is no-one to thank here. You're very first comment indicated there was an amount to be paid but you've been misled about it being a scam. It is not.
    contract law is contract law. In principle therefore a parking contract is no scam. However, shoddy operators, poorly positioned signs and absolute intransigence make it entirely understandable that others take a different view, such that further review by government is ongoing.

    You've been misled about the help. The help is just people echoing each other with little understanding of the law and a lot of opinion about their skills. They wouldn't survive in court day in / day out.
    Perhaps there's some truth in that, but no one likes generalisation. This is not a regulated legal services provider. True. But then again, plenty of people have survived more than one hearing and some really do know their onions, as noted above. I survive the legal system day in day out - gotta pay the mortgage, after all.

    There is a lot of money for the operators in convincing people that these are unenforceable as it allows operators to charge the extras for collecting the unarguable debt. You might even wonder why there is so much faulty advice
    .
    unarguable debt? Everything is arguable, that's why it's litigation. It might help if operators did not levy charges and issue proceedings with dubious authority to recover those costs in all cases (in addition to the contractual debt). We note that even after the o/p's disaster the court excluded bolt ons for legal costs that should never have been claimed.

    The thanks, if there is any, is to those that got you to this point. The thanks is from the operators.
    Well the ticket was paid. Some overheads were dealt with by the additional 60 recovered, but there were also disbursement costs, so I'm not convinced there's a huge profit margin. This is largely pour encourager les autres isn't it? And that's not to factor in the lost cases.

    The only generalisation is that claims don't defend themselves. Work needs to be done to prepare the papers and to present the best argument. Templates need to be tailored to specific circumstances "fairness" obviously ain't gonna cut it as a basis for a defence.
    Last edited by Johnersh; 17-05-2019 at 8:43 AM.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Computersaysno
    • By Computersaysno 17th May 19, 9:51 AM
    • 1,106 Posts
    • 875 Thanks
    Computersaysno
    There is no-one to thank here. You're very first comment indicated there was an amount to be paid but you've been misled about it being a scam. It is not.

    You've been misled about the help. The help is just people echoing each other with little understanding of the law and a lot of opinion about their skills. They wouldn't survive in court day in / day out.

    There is a lot of money for the operators in convincing people that these are unenforceable as it allows operators to charge the extras for collecting the unarguable debt. You might even wonder why there is so much faulty advice.

    The thanks, if there is any, is to those that got you to this point. The thanks is from the operators.
    Originally posted by Socrates_1

    Some people would say you come across as a total !!!!!!! serving no useful purpose on these threads...


    I might be one of those people.
    Welcome to the world of 'Protect the brand at the cost of free speech'
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