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  • FIRST POST
    • CVKTA
    • By CVKTA 6th Jan 19, 4:05 PM
    • 25Posts
    • 13Thanks
    CVKTA
    Letter Before Claim - SCS Law & UKPC - Please Advise
    • #1
    • 6th Jan 19, 4:05 PM
    Letter Before Claim - SCS Law & UKPC - Please Advise 6th Jan 19 at 4:05 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 3
    • Umkomaas
    • By Umkomaas 16th Apr 19, 3:23 PM
    • 23,059 Posts
    • 36,641 Thanks
    Umkomaas
    Gunner, what was the outcome in court?!
    Read all about it:

    https://forums.moneysavingexpert.com/showthread.php?t=5799683

    Surprised you haven’t come across this in the research you’ve been doing of all the SCS/UKPC cases - so vital for you at this stage.
    Last edited by Umkomaas; 16-04-2019 at 3:26 PM.
    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.
    • CVKTA
    • By CVKTA 17th Apr 19, 10:27 AM
    • 25 Posts
    • 13 Thanks
    CVKTA
    Wow! I hadn't come across this thread.
    Kudos to you Gunner on all fronts!
    I'm hoping not to have to attend a court date. I'm hoping that sense will prevail and UKPC will see that they do not have a case against me as per the wording within my lease.

    Would people recommend sending them a copy to try and clear it up as per the Pre-Action Protocol, or insist that they should have their own/go and attain their own?!

    Thaks
    • Coupon-mad
    • By Coupon-mad 19th Apr 19, 1:07 AM
    • 70,385 Posts
    • 82,950 Thanks
    Coupon-mad
    I think you have done enough under the PAP.

    I agree with the others that checking the primacy of contract in the leases of the residents BEFORE starting 'enforcement' (for that read 'private nuisance') at the site, was expected as a bare minimum and UKPC should already have a copy and can easily get a copy of the head lease if they want to read the generic words.

    You WILL get a court claim unless you can persuade the Managing Agent to tell UKPC to do one, as they should have done before they signed the contract.

    Private residential car parks DO NOT need scumbag PPCs at all, ever.

    At most (if they suffer from trespassers using their site as a car park) such locations need a gate or cheap, lockable parking posts.

    NOT ex-clamper thugs like UKPC marauding around looking for excuses to fine residents.
    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 22nd Apr 19, 9:57 AM
    • 25 Posts
    • 13 Thanks
    CVKTA
    Thanks Coupon-mad.
    The email tennis will continue.
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