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    • springflowers
    • By springflowers 13th Apr 18, 8:37 AM
    • 6Posts
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    springflowers
    SCS Law/UK Parking control LBC in Scotland. Help Please!
    • #1
    • 13th Apr 18, 8:37 AM
    SCS Law/UK Parking control LBC in Scotland. Help Please! 13th Apr 18 at 8:37 AM
    Hi All,

    I would like to leverage this groups experience and knowledge to help me with a letter I have received. The letter is a Letter Before Claim from SCS law representing UK Parking Control pertaining to 5 separate parking contoventions about not displaying a ticket in a residential car park over several weeks in 2015 (full text of letter is below).

    The advice I would like from this group would be in relation to:

    Can I dispute this claim?
    What is the best way to do it?
    Is there any difference to other advise as this occurred in Scotland

    I have until the end of the month to reply but I was looking though the newbies post in particular post two and was trying to make sense of things but I think my dyslexia got in the way so any help anyone could provide to help point me in the right direction and what further actions I should take would be immensely appreciated.

    Thanking you all in advance for any help.

    3 April 2018
    Dear Sir/Madam
    Re : Debt owed to UK Parking Control Ltd
    Letter Before Claim Pursuant to the Pre-Action Protocol for Debt Claims
    We act for UK Parking Control Ltd and are instructed to recover the charges shown below incurred by you in relation to the parking of your vehicle.
    Date Reference Car Reg. Location Contravention Amount
    09/11/15 parking in a designated
    "Permit Holder Parking Space" without clearly displaying a valid permit 130.00
    16/11/15 parking in a designated
    "Permit Holder Parking Space" without clearly displaying a valid permit 130.00
    17/11/15 parking in a designated "Permit Holder Parking Space" without cleariy d splaying a valid permit 130.00
    19/11/15 parkng in a designated
    "Permit Holder Parking Space" without clearly d splaying a valid permit 130.00
    12/12/15 parking in a designated El 30.00
    Total Outstanding: 650.OO
    You have failed to pay the above charges despite several letters from our client requesting payment. A charge of E60.OO has been applied to each parking charge notice if they have been referred to our client's debt recovery agent as per the signage at the site. Our client is not seeking interest on the above sums.
    UK Parking Control Ltd is entitled to these sums under contract law. When your vehicle parked at the above mentioned site(s), the driver of the vehicle agreed to be bound by the terms and conditions of parking which was displayed on signage throughout the site(s). The driver of the vehicle breached the terms and conditions of parking on each of the above occasions for the reason(s) stated. For each contravention, a parking charge notice was issued, for which the sums owed remain outstanding.
    We refer you to the Supreme Court decision in ParkingEye Ltd v Beavis 12015] UKSC 67. In this caser the Supreme Court found that parking charge notices do not contravene the penalty rule or Unfair Terms in Consumer Contract Regulations 1999 provided they protect a legitimate interest.
    Unless a response to this letter is received within 30 days, we are instructed to issue court proceedings to recover the above sum and our client's legal costs, without further recourse to you. Please see the attached Reply Form for details on how to respond to this letter.
    We reserve the right to refer to this letter, in particular on the question of costs, should this matter proceed to trial.
    In the event that a County Court Judgment is obtained agagnst you and payment is not made, our client will consider all enforcement options, which shall result in further legal costs, including but not limited to:
    Instructing County Court Bailiffs/High Court Enforcement Officers to attend your address and remove goods to the value of the debt and costs owed
    Applying for an attachment of earnings order, requiring your employer to deduct sums from your wage and pay them directly to our client.
    If you wish to avoid the steps outlined above being taken, please contact UK Parking Control Ltd directly to clear your balance. The relevant person you should contact is Kiran Ali, either by telephone on 0333 220 1048 or by e-mail to kiran@ukparkingcontrol.com. Payments can be taken by telephone or bank transfer.
    Alternatively, please return the attached Reply Form to SCS Law either by post to SCS Law, Level 34, 25 Canada Square, Canary Wharf, London, E14 5LQ or by email to parking@scs-law.co.uk within 30 days of the date of this letter.
    Please note that this letter is to be considered a letter before clam for the purpose of the Pre-Action
    Protocol for Debt Claims. Please read this Pre-Action Protocol and the Practice Direction on Pre-Action Conduct which outlines the Court's powers to impose sanctions for failing to comply with its provisions.
    Our client does not consider that this matter is su;table for Alternative Dispute Resolution.
    Yours sincerely
    SCSLAW
Page 1
    • Johno100
    • By Johno100 13th Apr 18, 9:09 AM
    • 3,669 Posts
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    Johno100
    • #2
    • 13th Apr 18, 9:09 AM
    • #2
    • 13th Apr 18, 9:09 AM
    I suspect they haven't twigged that you are in Scotland as the terms used and the court procedures described all relate to matters south of the border.

    Have you entered into any previous correspondence with the parking company or SCS and if so have you disclosed who the driver of the vehicle was?
    • springflowers
    • By springflowers 13th Apr 18, 9:15 AM
    • 6 Posts
    • 1 Thanks
    springflowers
    • #3
    • 13th Apr 18, 9:15 AM
    • #3
    • 13th Apr 18, 9:15 AM
    I have had no correspondence with either SCS or UKPC. I ignored the letters as previous advise states but getting concerned now with this letter. whats the general advice concerning these issues in Scotland? Should this be ignored? or should i look to take one of the templates from the newbies post and reply?
    Many thanks!
    • springflowers
    • By springflowers 13th Apr 18, 9:16 AM
    • 6 Posts
    • 1 Thanks
    springflowers
    • #4
    • 13th Apr 18, 9:16 AM
    • #4
    • 13th Apr 18, 9:16 AM
    i also forgot to mention that i no longer own the car concerned... not sure if that makes a difference or not
    • Quentin
    • By Quentin 13th Apr 18, 9:58 AM
    • 35,136 Posts
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    Quentin
    • #5
    • 13th Apr 18, 9:58 AM
    • #5
    • 13th Apr 18, 9:58 AM
    i also forgot to mention that i no longer own the car concerned... not sure if that makes a difference or not
    Originally posted by springflowers
    That's irrelevant.

    You could send a brief reply pointing out that you were not the driver.
    • Guys Dad
    • By Guys Dad 13th Apr 18, 10:04 AM
    • 10,400 Posts
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    Guys Dad
    • #6
    • 13th Apr 18, 10:04 AM
    • #6
    • 13th Apr 18, 10:04 AM
    To be clear, is the car park in Scotland. Do you live in Scotland.

    Important to know.
    • Umkomaas
    • By Umkomaas 13th Apr 18, 10:07 AM
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    Umkomaas
    • #7
    • 13th Apr 18, 10:07 AM
    • #7
    • 13th Apr 18, 10:07 AM
    i also forgot to mention that i no longer own the car concerned... not sure if that makes a difference or not
    Originally posted by springflowers
    Of no relevance, if you owned the car at the time of the parking events.

    I'd wait to see if they deliver on their 'promise'. You'll know soon enough.

    I'm not even sure the Pre-Action Protocol for Debt Claims applies in Scotland (perhaps Johnersh or LOC123 could confirm?).

    This is a template LBA with just the parking events and the alleged debts added. If they also robo-issue a MCOL, the CCBC will spot 'Scotland' and knock it out.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • The Deep
    • By The Deep 13th Apr 18, 10:07 AM
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    The Deep
    • #8
    • 13th Apr 18, 10:07 AM
    • #8
    • 13th Apr 18, 10:07 AM
    I do not believe it, they are quoting Beavis is a residential parking claim.

    Were you nit in Scotland, you couls perhaps, depending n the wording of your lease, fight this in court and take them to the cleaners. But you are in Scotland and can easily swat this aside.


    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

    Personally, I would complain to the SRA that they are threatening to use Beavis, they should know that this has no bearing on residential parking and not try to nislead people that it does.

    http://www.sra.org.uk/home/home.page
    You never know how far you can go until you go too far.
    • springflowers
    • By springflowers 13th Apr 18, 10:08 AM
    • 6 Posts
    • 1 Thanks
    springflowers
    • #9
    • 13th Apr 18, 10:08 AM
    • #9
    • 13th Apr 18, 10:08 AM
    Yes, both the car park and I are in scotland
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 10:15 AM
    • 2,281 Posts
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    nosferatu1001
    Oh wow

    OK, then you need to respond, brielfy, stating
    1) You were nto the driver
    2) They have no claim against you, as the Keeper can have no liability for a drivers actions in Scotland
    3) That because of 1) and 2), should they file a claim it will have no prospect of success, and will thus be a vexatious claim. You will apply for the claim to be struck out, at their expense, and will claim for your full time in costs.
    • springflowers
    • By springflowers 13th Apr 18, 10:31 AM
    • 6 Posts
    • 1 Thanks
    springflowers
    Thank you for your reply nosferatu1001. I will take that advice. I will draft a reply and post here for review.

    Its very interesting they would send that letter knowing no action can be taken in Scotland, an oversight maybe?
    • Umkomaas
    • By Umkomaas 13th Apr 18, 10:43 AM
    • 17,322 Posts
    • 27,294 Thanks
    Umkomaas
    an oversight maybe?
    You seem not to fully understand the private parking roboclaim industry that has evolved south of the border in the hands of low rent legal firms. There is no 'oversight', it is an out of control automated juggernaut that spews out thousands upon thousands of template LBAs and claims every week.

    Untouched by human hands!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • springflowers
    • By springflowers 13th Apr 18, 10:56 AM
    • 6 Posts
    • 1 Thanks
    springflowers
    I had no idea! so the general advice is; short reply stating the following?
    1) You were nto the driver
    2) They have no claim against you, as the Keeper can have no liability for a drivers actions in Scotland
    3) That because of 1) and 2), should they file a claim it will have no prospect of success, and will thus be a vexatious claim. You will apply for the claim to be struck out, at their expense, and will claim for your full time in costs.

    Hopefully that will get them off my back!
    Thank you all!
    • The Deep
    • By The Deep 13th Apr 18, 11:05 AM
    • 9,064 Posts
    • 8,761 Thanks
    The Deep
    Off your back is OK, but get on their back. Complain to the SRA and your MP, dealing with them costs them money.
    You never know how far you can go until you go too far.
    • Johno100
    • By Johno100 13th Apr 18, 11:15 AM
    • 3,669 Posts
    • 4,247 Thanks
    Johno100
    Plus don't forget your MSP.

    There is what is seemingly a Trojan Horse Bill going through the Scottish Parliament, proposed by Tory MSP and solicitor Murdo Fraser, that will as it stands introduce keep liability. Thus you could end up with the same legal free for all we have down here.
    • Castle
    • By Castle 13th Apr 18, 12:34 PM
    • 1,641 Posts
    • 2,203 Thanks
    Castle
    I'm not even sure the Pre-Action Protocol for Debt Claims applies in Scotland (perhaps Johnersh or LOC123 could confirm?).

    .
    Originally posted by Umkomaas
    No it only applies in England and Wales; and apart from personal injury claims I can't find any compulsory pre action protocols in Scotland:-
    https://andersonstrathern.co.uk/news-insight/the-pre-action-protocol-for-debt-claims-should-businesses-now-consider-claiming-in-scotland/
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