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  • FIRST POST
    • CVKTA
    • By CVKTA 6th Jan 19, 5:05 PM
    • 5Posts
    • 2Thanks
    CVKTA
    Letter Before Claim - SCS Law & UKPC - Please Advise
    • #1
    • 6th Jan 19, 5:05 PM
    Letter Before Claim - SCS Law & UKPC - Please Advise 6th Jan 19 at 5:05 PM
    Hi all,

    I'm looking for some advice please, I've received a Letter Before Claim from SCS Law in relation to 5 unpaid Parking Notices issued between Nov 2014 - April 2015.

    As per a previous thread posted by DAngel, I think i have a pretty good initial response to send to them but I'm looking for anything else that I can add.
    The response that DAngel posted coupled with a few additions from Coupon-mad I think I have a fairy good response minus a (probably required) bit of legal clout. So if anyone can advise. then that would be great

    The backstory is:
    Residential block of flats, I owned a property and each property came with 1 allocated parking space. If you didn't have your parking pass in the windscreen then you got a ticket. All tickets were received when my car was in my own parking space. A few or more of them were received when the pass was on the dashboard but not 'displayed correctly' (I assume this means wasn't adhered to the windscreen.)

    There are a total of 5 charges at 160.00 each, totalling 800.00 which I simply do not have the money to pay!

    My initial repose to this LBC will be something along the lines of the below. If anyone else can advise as to what I should be adding then that would be great.

    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.


    Any thoughts then I would be eternally grateful.

    Many thanks
Page 1
    • The Deep
    • By The Deep 6th Jan 19, 5:39 PM
    • 11,476 Posts
    • 11,556 Thanks
    The Deep
    • #2
    • 6th Jan 19, 5:39 PM
    • #2
    • 6th Jan 19, 5:39 PM
    f you didn't have your parking pass in the windscreen then you got a ticket

    Why, what does your lease say about this. Does it stipulate that you will be charged 100 by a third party if you do not display a permit? If not they are on very sticky ground.

    Furthermore, UKPC are fraudsters, read these

    https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

    http://parking-prankster.blogspot.com/

    Also read how another motorist gave them a bloody nose,

    https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**and this

    http://parking-prankster.blogspot.com/2016/11/residential-parking.html

    Most of these residential parking tickets are scams, trumped by the T&C of the lease. PPCs should be banished from residential car parks imo.

    They cannot offer you parking if your lease/AST already does so, therefore they have no contract with you and there can be no breach of contract. Google "primacy of contract".

    also, complain to your MP.

    It is the will of Parliament that these scammers be put out of business.

    Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
    • CVKTA
    • By CVKTA 8th Jan 19, 4:06 PM
    • 5 Posts
    • 2 Thanks
    CVKTA
    • #3
    • 8th Jan 19, 4:06 PM
    • #3
    • 8th Jan 19, 4:06 PM
    Hi The Deep,
    I no longer own the property so not sure what my lease says/said, but I think I may have it at home so I will check
    In the car park in question, the sign states: 'Failure to comply with the following at any time will result in a 100 parking charge (reduced to 60 if paid within 14 days) being issued to the drivers keeper.
    'MUST BE PARKED WITHIN DESIGNATED BAY WITH A VALID PARKING PERMIT DISPLAYED'
    In the event that a parking charge remains unpaid, UKPC may contact the DVLA and request the Registered Keepers Details.
    Unpaid Parking charges will be passed to our debt recovery agent at whicvh point and additional charge of 60 will apply


    Each car parking space is labelled with the corresponding property number and all tickets were received whilst the vehicle was in the space that is linked to my property. A percentage of the tickets rec'd, the ticket was on the dashboard and not seen due to a steamed up windscreen.
    Do I have a defence that I own the property, the vehicle and hence have a right to park in the space linked to the property??

    Many thanks
    • Coupon-mad
    • By Coupon-mad 9th Jan 19, 12:42 AM
    • 65,623 Posts
    • 78,172 Thanks
    Coupon-mad
    • #4
    • 9th Jan 19, 12:42 AM
    • #4
    • 9th Jan 19, 12:42 AM
    Do I have a defence that I own the property...and hence have a right to park in the space linked to the property?
    Of course, just like all the other residential defence cases, albeit I doubt you owned the bay as such. You will need to check your lease to see what it says about the bay, if it was 'demised' to you, or maybe it says that you had an exclusive right or easement (a 'grant') to use it.

    If you had primacy of contract, the signs from some random 3rd party can't vary you lease unilaterally, especially when they are not party to your lease in the first place.

    You should search the forum for derogation from grant defence.

    And read the NEWBIES thread as there are a couple of example residential defences linked in post #2 of that sticky thread, where residential cases have a paragraph or two devoted to them.

    Were you there first, or were UKPC?

    NEVER accept a parking firm/permit regime at your own home site, don't agree to such an onerous risk. Refuse, kick up a stink, complain to the MA, etc.

    See The Deep's thread about his Managing Agent trying to impose UKCPM on him!

    Opt out, if there is such a scheme where you now live, or choose a home without a PPC infestation.
    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
    • CVKTA
    • By CVKTA 13th Jan 19, 12:31 PM
    • 5 Posts
    • 2 Thanks
    CVKTA
    • #5
    • 13th Jan 19, 12:31 PM
    • #5
    • 13th Jan 19, 12:31 PM
    Hi Coupon-mad, I missed your reply on this until just now.

    I purchased the property as a new build so I guess we were both UKPC and I were in place at the same time.

    I've dug out the lease for this property that I used to own and under the section 'Rights granted to the Lessee' is states: The exclusive right to park one private motor vehicle on the parking space (or each of the spaces as may be the case) tinted in green an Plan 1 or as allocated by the Lessor or the Management Company in writing from time to time.

    The lease has no mention of a third party PPC

    I will read through the aforementioned threads as recommended.

    With the above directly from my lease, do you see that (if worded and presented correctly of course) as a potentially successful route of defence?

    Thanks again, CVKTA
    • Coupon-mad
    • By Coupon-mad 13th Jan 19, 5:50 PM
    • 65,623 Posts
    • 78,172 Thanks
    Coupon-mad
    • #6
    • 13th Jan 19, 5:50 PM
    • #6
    • 13th Jan 19, 5:50 PM
    With the above directly from my lease, do you see that (if worded and presented correctly of course) as a potentially successful route of defence?
    Yes, absolutely. You are beating a scam here and need to opt out as well though.
    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
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