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SCS Law, Debt owed
yalangwe
post Wed, 20 Jun 2018 - 09:47
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I got a letter from SCS Law saying I owe money to UK Parking Control Ltd.
I live at the property and do have a permit, however, I believe at the time I didn't have it on my dashboard.
I have ignored the notice and now being sent that letter. Does it matter if the car registered keeper is my company?
How do I fight it? Is driving me mad I am being issued a ticket for parking where I live angry.gif

Please find the attached letter from them.

This post has been edited by yalangwe: Thu, 21 Jun 2018 - 15:52
Attached File(s)
Attached File  scs1.pdf ( 390.74K ) Number of downloads: 30
Attached File  scs2.pdf ( 219.83K ) Number of downloads: 39
 
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post Wed, 20 Jun 2018 - 09:47
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Jlc
post Wed, 20 Jun 2018 - 10:04
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QUOTE (yalangwe @ Wed, 20 Jun 2018 - 10:47) *
How do I fight it? Is driving me mad I am being issued a ticket for parking where I live angry.gif

What does your lease say?

QUOTE (yalangwe @ Wed, 20 Jun 2018 - 10:47) *
Does it matter if the car registered keeper is my company?

In terms of whether it's payable or not, then no. However, if they did issue a court claim then the defendant is not a consumer and does not get a choice of court. They will pick a court that's convenient for them.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Wed, 20 Jun 2018 - 10:16
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You've left the case number on the letter

I don't think this letter has come from SCS

The instructions on the second page refer to contacting or paying Debt Recovery Plus that is well known for sending fake letters on solicitors' notepaper
Have you kept the envelope ?

There are three options that are of roughly equal merit

1 Ignore the letter
2 Send a copy to SCS and ask for confirmation that it's genuine
3 Tell SCS "in response to their letter" that you deny the debt and see if they reply "what letter"
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Eljayjay
post Wed, 20 Jun 2018 - 11:54
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The first item on your 'to do' list is to understand your rights.

I presume that your landlord is the flat's leasehold owner.

If so, you need to get hold of a copy of your landlord's lease. If your landlord does not have a copy, he/she will almost certainly be able to get hold of a copy, quite possibly free of charge, from the solicitor who handled the purchase. Otherwise, you will be able to get hold of a copy from the Land Registry by completing form OC2 and paying a fee.

You need a copy of the head lease mentioned above to see what parking rights your landlord has.

You also need a copy of your tenancy agreement to see what parking rights he has passed to you.

It is very unlikely that the parking scheme at the location is capable of being imposed on the residents.

Ideally, once you have the head lease and your tenancy agreement, scan them as searchable pdf documents - you need something better than the free version of Adobe for this.

Then take each document in turn and conduct a search for "park". Copy and paste every bit of the documents mentioning "park" into a new document.

Then go through them again to look for anything that makes provision for changes to the lease to be made or for rules and regulations to be added by the landlord and/or the management company. Copy and paste those bits to the new document.

Do the same again but, this time, looking for anything about "rights of third parties". Copy and paste again.

Search for "rent", "charge" and "permit". Copy and paste anything of relevance.

Do not just select extracts which suit your case, copy and paste everything of relevance. The reason for this is that, if the parking operator gets copies of the documents, you need to figure out how to defend yourself from extracts that they throw at you.

On each search, go through the document from beginning to end.

Post what you find.
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yalangwe
post Thu, 21 Jun 2018 - 16:05
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QUOTE (Jlc @ Wed, 20 Jun 2018 - 11:04) *
QUOTE (yalangwe @ Wed, 20 Jun 2018 - 10:47) *
How do I fight it? Is driving me mad I am being issued a ticket for parking where I live angry.gif

What does your lease say?

QUOTE (yalangwe @ Wed, 20 Jun 2018 - 10:47) *
Does it matter if the car registered keeper is my company?

In terms of whether it's payable or not, then no. However, if they did issue a court claim then the defendant is not a consumer and does not get a choice of court. They will pick a court that's convenient for them.


I rent a flat in a block of flats. I do not know about the lease and in my tenancy agreement, there is nothing about parking. The only thing relevant to the case could be
"Premises” includes any part or parts of the building boundaries fences garden and outbuildings belonging to the Landlord unless they have been specifically excluded from the Tenancy. When the Tenancy is part of a larger building the Premises include the use of common access ways and facilities". I was given two permits. The parking control was introduced after I moved in. I have not signed any contract with them nor with the management company.

QUOTE (Redivi @ Wed, 20 Jun 2018 - 11:16) *
You've left the case number on the letter

I don't think this letter has come from SCS

The instructions on the second page refer to contacting or paying Debt Recovery Plus that is well known for sending fake letters on solicitors' notepaper
Have you kept the envelope ?

There are three options that are of roughly equal merit

1 Ignore the letter
2 Send a copy to SCS and ask for confirmation that it's genuine
3 Tell SCS "in response to their letter" that you deny the debt and see if they reply "what letter"

Sorry. It's been removed now.
Unfortunately, I dont have the envelope.
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yalangwe
post Thu, 21 Jun 2018 - 16:27
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QUOTE (Eljayjay @ Wed, 20 Jun 2018 - 12:54) *
The first item on your 'to do' list is to understand your rights.

I presume that your landlord is the flat's leasehold owner.

If so, you need to get hold of a copy of your landlord's lease. If your landlord does not have a copy, he/she will almost certainly be able to get hold of a copy, quite possibly free of charge, from the solicitor who handled the purchase. Otherwise, you will be able to get hold of a copy from the Land Registry by completing form OC2 and paying a fee.

You need a copy of the head lease mentioned above to see what parking rights your landlord has.

You also need a copy of your tenancy agreement to see what parking rights he has passed to you.

It is very unlikely that the parking scheme at the location is capable of being imposed on the residents.

Ideally, once you have the head lease and your tenancy agreement, scan them as searchable pdf documents - you need something better than the free version of Adobe for this.

Then take each document in turn and conduct a search for "park". Copy and paste every bit of the documents mentioning "park" into a new document.

Then go through them again to look for anything that makes provision for changes to the lease to be made or for rules and regulations to be added by the landlord and/or the management company. Copy and paste those bits to the new document.

Do the same again but, this time, looking for anything about "rights of third parties". Copy and paste again.

Search for "rent", "charge" and "permit". Copy and paste anything of relevance.

Do not just select extracts which suit your case, copy and paste everything of relevance. The reason for this is that, if the parking operator gets copies of the documents, you need to figure out how to defend yourself from extracts that they throw at you.

On each search, go through the document from beginning to end.

Post what you find.

My landlord owns the flat but as its a flat in a block then the leasehold owner is somebody else.
I purchased a copy from the Land Registry just need to read it first.
In my tenancy agreement, there is no mention of parking, only this
“Premises” includes any part or parts of the building boundaries fences garden and outbuildings belonging to the Landlord unless they have been specifically excluded from the Tenancy. When the Tenancy is part of a larger building the Premises include the use of common access ways and facilities.
There wasn't any parking operator a few years ago. I got two permits from my landlord but have not signed anything in relation to parking.
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Eljayjay
post Thu, 21 Jun 2018 - 20:00
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You need to understand the difference between the freehold owner and the leasehold owner.

Simply put, in a block of flats, the freehold owner is the person who owns the whole thing, but who has leased the flats to their individual leasehold owners.

In addition, through the leases, the freehold owner grants the leasehold owners certain rights and these rights very often include parking rights relating to specific allocated parking spaces.

This post has been edited by Eljayjay: Thu, 21 Jun 2018 - 20:02
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nosferatu1001
post Fri, 22 Jun 2018 - 07:15
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common ... facilities could well be taken to include pakring
How was the flat advertised? With parking?
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