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SCS law ticket
umbro14
post Thu, 11 Jul 2019 - 14:22
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Driver parked in a private car park before Christmas last year. Driver overstayed a 2 hour limit by half an hour. In the proceeding seven months, keeper has received letter after letter from a private company asking for a payment which now stands at 160pounds. Keeper did not respond to letters, and has now received a letter from SCS Law promising a court claim.

Keeper is wondering what best to do: the letter from SCS arrived at the keeper's house after months of no contact. 7 months on from the original offence seems a long time too.

Wondering what you guys would suggest.

Best,
U

This post has been edited by umbro14: Thu, 11 Jul 2019 - 14:56
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post Thu, 11 Jul 2019 - 14:22
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ManxRed
post Thu, 11 Jul 2019 - 14:36
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Ignoring has not been a tactic since 2012.

A lot of parking companies now chance their arms with court claims, so it's best to try and head that eventuality off before it gets there.

They have six years from the date of the incident to bring a court claim so seven months is not unusual. We've seen Letters Before Claims and Claims themselves years and years later.

Which parking company? In the letter from SCS, who does it suggest you pay if you want to settle the matter? Do you still have a copy of the original Notice to Keeper and can we see a scan of it (minus personal details, but leave in the dates)? Do you have any photos of the signs at the location?


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ostell
post Thu, 11 Jul 2019 - 14:38
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Ignore has not been the option since 2012, as you have found out.

So post up the original PCN that you, the keeper, received. Suitably redacted but leave dates.

If you have no documents thenma SAR to the parking company and a letter to SCS requesting that they stop processing while their client responds to the SAR request.
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umbro14
post Thu, 11 Jul 2019 - 14:48
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Cheers guys - just working atm, so will get these documents and info later tonight from the keeper and respond properly then.

This post has been edited by umbro14: Thu, 11 Jul 2019 - 14:53
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ostell
post Thu, 11 Jul 2019 - 14:52
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No, you will get the information from the keeper. The driver is not involved anymore and should not be identified. As in the first post the driver parked and the keeper received the letter. Please edit, just for safety.
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umbro14
post Thu, 11 Jul 2019 - 14:56
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Thankyou, appreciate the advice, done - please advise if either post needs further amending

This post has been edited by umbro14: Thu, 11 Jul 2019 - 14:56
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Macapaca
post Thu, 11 Jul 2019 - 17:45
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Assuming this is covered by POFA then the maximum liability cannot be £160. It can only be £100 or whatever it said on the NTK. It will be interesting g to know who SCS are asking the RK to pay. It probably isn't to them which would suggest a possible forged letter.
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umbro14
post Fri, 12 Jul 2019 - 00:37
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Hi guys, the Keeper has had a look through and has the following two documents available. There is the original PCN. There is then also the follow-up letter from SCS. Don't have any pictures of the signs at the location yet but will be able to get these tomorrow.


Had to post the second side of the original PCN as a JPEG, was too large for the upload limit otherwise.

Appreciate any advice

This post has been edited by umbro14: Fri, 12 Jul 2019 - 00:43
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Macapaca
post Fri, 12 Jul 2019 - 05:44
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The SCS Law letter is quite probably fraudulent. The letter refers to 'several' previous letters sent but the RK has not received any. It also requests that payment of £160 is paid to DRP. Under POFA the RK cannot be held liable for a penny more than the original £100 on the NTK so this is total bulls**t.

They throw in the blah blah about Beavis, which is not relevant and is there purely as a threat tactic.

They make it clear that the letter is not a LBC and so is as much use as toilet paper. It is purely to make it look threatening hoping that the RK will be stupid enough to pay them £160!

The so called formal solicitors letter is signed with a squiggle and signed off SCS Law. A legitimate solicitors letter would include a name.

The same happened to me and I wrote to SCS Law asking them to confirm that they had sent the letter. You can also point out the errors above for good measure. Give them 14 days to respond otherwise you will assume that the letter is fraudulent and that you may take action with the appropriate authorities. I even sent the letter 'signed for' to be sure that SCS received it, which they did. Needless to say I never heard back from them!

This post has been edited by Macapaca: Fri, 12 Jul 2019 - 05:53
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Umkomaas
post Fri, 12 Jul 2019 - 06:17
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QUOTE
The so called formal solicitors letter is signed with a squiggle and signed off SCS Law. A legitimate solicitors letter would include a name.

It's how all SCS letters I've seen are signed off. Many solicitor firms do the same.

QUOTE
The same happened to me and I wrote to SCS Law asking them to confirm that they had sent the letter. You can also point out the errors above for good measure. Give them 14 days to respond otherwise you will assume that the letter is fraudulent and that you may take action with the appropriate authorities. I even sent the letter 'signed for' to be sure that SCS received it, which they did. Needless to say I never heard back from them!


I'd definitely follow this tack, asking SCS to confirm they sent the letter as you are aware from the public domain that DRP use the letterheads of solicitor firms to mislead the public. You need a formal response to this, failure to do so will lead to a complaint being lodged with the Solicitors Regulation Authority.
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umbro14
post Fri, 12 Jul 2019 - 08:58
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Cheers guys. Just to be clear, follow up letters that the SCS letter refers to were received, but the Keeper didnt keep them

Should the Keeper say to SCS, ‘can I confirm you sent me this letter?’, while also referencing POFA and how a charge of 160 pounds is basically illegal?
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nosferatu1001
post Fri, 12 Jul 2019 - 09:10
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It isnt illegal. It is an abuse of proces to claim a sum they are not entitled to, and POFA limits the liability PLUS the £60 was never actually paid.
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Macapaca
post Fri, 12 Jul 2019 - 09:26
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Hopefully you now realise that these letters should not be ignored and that you will keep copies of all future correspondence. These cases sometimes go dormant for a few years and then they chance their arm again hoping to catch people out who have discarded all their correspondence or have moved house. In the latter case they chance a default CCJ.

The following is a redacted extract from the letter I sent to SCS Law:

[b]Reference your letter dated xxx (Received on yyy)[/b]
Your letter appears rather odd in that you appear to be now working on behalf of xxx and yet you request that I contact xxx instead of SCS Law.

As a legal firm you ought to be aware that under POFA para 4 (5) the maximum amount that can be recovered from the keeper is the amount specified in the notice to keeper, which in this case is £100 not £160 as quoted in your letter. Please outline why you believe an additional £60 applies.

I now require you to respond to this letter within 14 days to acknowledge that it was indeed sent by SCS Law. The lack of a response will be taken as confirmation that the letter was counterfeit and can be ignored and reported to trading standards as an attempt to fraudulently obtain money.
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umbro14
post Mon, 15 Jul 2019 - 13:03
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Thanks very much guys. Will remember to keep all correspondence in future.

Macapaca - appreciate the extract a lot.
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umbro14
post Mon, 12 Aug 2019 - 10:45
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14 days long past and no reply from these lot. Should the Keeper report them to trading standards?
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nosferatu1001
post Mon, 12 Aug 2019 - 12:26
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Yes, because you said you would do so.
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Umkomaas
post Mon, 12 Aug 2019 - 19:20
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And report them to the SRA as per my post #10 above.
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ostell
post Tue, 13 Aug 2019 - 07:54
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The PCN does not comply with POFA in several respects
  • No period of Parking 9 (2) (a)
  • Creditor not identified 9 (2) (h)
  • Invitation to keeper not there. 9 (2) (e)


No keeper liability
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