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  • FIRST POST
    • DAngel
    • By DAngel 18th Sep 18, 10:55 AM
    • 44Posts
    • 21Thanks
    DAngel
    Letter Before Claim - SCS Law & UKPC - Help Please
    • #1
    • 18th Sep 18, 10:55 AM
    Letter Before Claim - SCS Law & UKPC - Help Please 18th Sep 18 at 10:55 AM
    I've now read many a thread here now including the NEWBIES thread and have drafted a 'lite' response to my Letter Before Claim which arrived on 11th September.

    I've not included any notes of my defence as this is not at Claim stage yet, but to give some context:

    15 Tickets were issued between 2014 -2016 on private land, for being parked outside a marked bay. UKPC operated on the land without majority consent from the residents that live on the road. I did not make a prior appeal to any of the tickets (my bad, i know).

    UKPC were then revoked, as was all their signage so nothing now exists on the road. I also no longer own the car in question.

    Letter as follows, taken from a template a user put together a few years ago (as couldn't see a more recent one?) and have taken out a lot of the detail which seemed a little unnecessary.

    Dear Sirs,

    Thank you for your letter of 11th September 2018
    You have sent a Letter Before Claim, however, your letter contains insufficient detail of the claim and, fails to provide photographic evidence. It does not contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

    I require your client to comply with its obligations by sending me the following information/documents:

    1. whether they are pursuing me as driver or keeper
    2. whether they are relying on the provisions of Schedule 4 of POFA 2012
    3. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
    4. a copy of the contract with the landowner under which they assert authority to bring the claim
    5. a copy of any alleged contract with the driver
    6. a plan showing where any signs were displayed
    7. details of the signs displayed (size of sign, size of font, height at which displayed)
    8. If they have added anything on to the original charge, what that represents and how it has been calculated.

    I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).
    Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

    Yours faithfully



    Look forward to thougths, thanks in advance!
    Last edited by DAngel; 18-09-2018 at 4:29 PM.
Page 4
    • Le_Kirk
    • By Le_Kirk 13th May 19, 1:13 PM
    • 4,858 Posts
    • 4,360 Thanks
    Le_Kirk
    And with regards to me reporting them to the SRA?
    Originally posted by DAngel
    Do it online using THIS link.
    • Coupon-mad
    • By Coupon-mad 13th May 19, 1:18 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    That was available by Googling...I didn't think I needed to add that!
    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
    • DAngel
    • By DAngel 13th May 19, 2:18 PM
    • 44 Posts
    • 21 Thanks
    DAngel
    Haha, thanks, I knew where to find it and had already been on the site..... my question was more around whether to follow through - I presume everyone else who has received this response from SCS has done this too?
    • beamerguy
    • By beamerguy 13th May 19, 2:27 PM
    • 11,250 Posts
    • 15,178 Thanks
    beamerguy
    Haha, thanks, I knew where to find it and had already been on the site..... my question was more around whether to follow through - I presume everyone else who has received this response from SCS has done this too?
    Originally posted by DAngel
    YES ... and as my mate Simon Cowell says .... A big yes from me.

    You have 4 yes's
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • DAngel
    • By DAngel 13th May 19, 3:00 PM
    • 44 Posts
    • 21 Thanks
    DAngel
    ... I don't like it, I LOVE it. - Consider it done bosses ;-)
    • DAngel
    • By DAngel 15th May 19, 9:56 AM
    • 44 Posts
    • 21 Thanks
    DAngel
    Their reply is in:

    For the avoidance of doubt, I feel I have put forward our client's legal position as clearly as possible in my email dated 13 May 2019. I am sorry that you feel that this matter has not been dealt with appropriately and it is of course, your prerogative if you wish to refer this matter to the SRA. I would note that any debate about the recoverability of contractually stipulated sums would normally be determined by a Judge at a hearing, rather than it being referred to the SRA.

    As such, I will now be taking our client's instructions as to whether they wish to move forward to issue a County Court Claim in respect of this matter.


    They are clearly not bothered in the slightest are they?!
    • Coupon-mad
    • By Coupon-mad 15th May 19, 6:06 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    No, so do the SRA complaint.

    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
    • DAngel
    • By DAngel 17th May 19, 9:48 AM
    • 44 Posts
    • 21 Thanks
    DAngel
    Hi all, quick question as I've just been reading through NEWBIES again and swatting up on some of the posts linked there to make sure i'm fully equipped with all I need when i start writing my defence.

    If you lose your defence at hearing, you have 14 days to pay the full amount - this will not be feesible for me as I don't have 2250 just kicking around - Have you ever heard of them accepting payment plans or other? How would that work?

    Also, I am due to be abroad a few times over the next few months - Can I choose a hearing date that doesn't coincide with my time out of the country? And if I am abroad and a CCC is posted to me, I won't know and therefore won't be able to submit my AOS as quickly as possible....

    Just thinking ahead, help appreciated and please point me in the right direction if that has already been covered elsewhere!
    • Coupon-mad
    • By Coupon-mad 17th May 19, 11:47 AM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    If you lose your defence at hearing, you have 14 days to pay the full amount - this will not be feesible for me as I don't have 2250 just kicking around - Have you ever heard of them accepting payment plans or other? How would that work?
    The claim cannot possibly be awarded for that sum, as explained already (as long as you explain the made up add-ons to the Judge at the hearing/in the defence).

    NEVER agree to instalments if you lose.

    Guess what, not paying IN FULL after judgement leaves a CCJ ruining your credit rating for six years. If, say, you were ordered to pay 1500 then you'd be best borrowing the sum from family and paying THEM back in instalments, having paid the judgment in time to avoid the CCJ completely.


    Also, I am due to be abroad a few times over the next few months - Can I choose a hearing date that doesn't coincide with my time out of the country?
    Yes, the DQ N180 lets you set out your non available weeks.
    And if I am abroad and a CCC is posted to me, I won't know and therefore won't be able to submit my AOS as quickly as possible....
    You MUST address that, by ensuring the PPC have a current address for service where a family or friend has agreed to open your post every 2 or 3 days and to email you if a claim arrives, and then they could do the AOS online in your name.

    Set up a Government Gateway account in advance (the same portal people use to declare self employed income) and note the:

    Gateway ID

    and

    Password

    and give that to the person at your house who will be opening the post in your absence, and point them to the NEWBIES thread to see how to use the Gateway to electronically acknowledge any claim (in your name of course).
    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
    • DAngel
    • By DAngel 17th May 19, 1:18 PM
    • 44 Posts
    • 21 Thanks
    DAngel
    Gotcha, all makes sense, thanks C-M!
    • DAngel
    • By DAngel 24th May 19, 12:30 PM
    • 44 Posts
    • 21 Thanks
    DAngel
    This is the latest email through - i presume I don't have to do anything in response to this email, but rather wait until the CCC arrives, which i am guessing will be via post and will be stamped by the court etc. At which point I file the AOS. Am I right?

    And then follow instructions here: https://forums.moneysavingexpert.com/showthread.php?t=5546325#topofpage

    I write further to our Letter Before Claim sent to your client dated 11 September 2018 and our subsequent correspondence, in particular my email below dated 15 May 2019.

    Our client considers that it is clear that there will be no agreement between the parties. As such they have instructed us to issue county court proceedings to recover the unpaid parking charge notices after 14 days from the date of service of this email.

    Please treat this email as the required notice which is required to be sent pursuant to paragraph 8.2 of the Pre-Action Protocol for Debt Claims.
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