SCS took me to court I filed defense as advised. I have a letter to change the charge

[HappyDanny]

PLEASE HELP ME. £800 + cost claimed for parking in a bay after 6pm with a sign that said that said no parking between 8am and 6pm

I need to know what to do next. I have been summons for over £800 for a parking ticket. one of the implied contract scams. I followed all the advise from here and they have replied with the letter below. They are asking me to agree to them changing the details of the extortion on the court papers. I have contacted the court and they say they can do it!! Please can anyone help me
I still have not received any details of the charge or any evidence from the claiment

SCS never sent me any pre-court notifications.
SCS have never supplied any details of the extortion
SCS have not supplied any evidence of any agreements by me to pay the extorted amount they are claiming
Only details that have come from the court is the total amount
SCS have made no attempts to settle prior to issuing proceedings







Would this Reply help me.

I insist in the strongest terms that I withhold any consent to allow any changes by you. I will not agrees to settle any cost incurred by your shortcomings. I would suggest It is not a regrettable over sight as you have implied. I insist that it was not a mistake by not adding the full breakdown of the total extortion.. I will also insist to the court that they must not agree to you changing any of the summonses as this would prejudge my defense. As for additional cost Your total lack of clarity and deliberate intention to deceive me, is being used as my defense.!! ""






Also in the area

[HappyDanny]

UK Parking Control Ltd v Me £930

17th January 2018, 0
Received a claim? - Yes
Issue Date: 17 January 2018

Amount approx: £930

Claimant: UK Parking Control Ltd

Solicitor: ScS Law ( Legal Representative; Andrew Morgan)

Original Creditor: UK Parking Control Ltd

Is the debt Statute Barred? Not too sure what does this mean?

List any letters you have sent: None yet

Particulars of Claim:
the claimant claims from the defendant claims from £800 in respect of unpaid parking notices issued as a result of the defendant's breach of terms and conditions of parking at a site managed by the claimant

Any Other Info:
I contacted the parking company and told them about the sign and I was I refusing to pay their invoice, despite this they continued to send bills which I ignored.



Next steps:
1: ACKNOWLEDGE THE CLAIM - Done

2: Send A CCA REQUEST to the CLAIMANT - Not Yet

3: Send a CPR request to the CLAIMANT'S SOLICITORS - Not Yet

Q2. Can you help me list what documents should i be requesting from looking at the PoC?


Please can you advise me of the best next step.

[HappyDanny]

PLEASE HELP ME.
I need to know what to do next. I have been summons for over £850 for a parking ticket. one of the implied contract scams. I followed all the advise from here and they have replied with the letter below. They are asking me to agree to them changing the details of the extortion on the court papers. I have contacted the court and they say they can do it!! Please can anyone help me
I still have not received any details of the charge or any evidence from the claiment

SCS never sent me any pre-court notifications.
SCS have never supplied any details of the extortion
SCS have not supplied any evidence of any agreements by me to pay the extorted amount they are claiming
Only details that have come from the court is the total amount
SCS have made no attempts to settle prior to issuing proceedings
Help.jpg
HELP HELP








Help 2.jpg

[Amethyst]

Did you get an order from the court stating that the claimant was ordered to amend their particulars or be struck out? ( it's happened a few times lately ) I'm wondering if this is a pro-active amendment before they get ordered to amend or if they have been ordered to amend already.

Did you receive additional particulars of claim as they claim in the letter? or just the particulars on the original claim form you got from court ?

the claimant claims from the defendant claims from £800 in respect of unpaid parking notices issued as a result of the defendant's breach of terms and conditions of parking at a site managed by the claimant

[HappyDanny]

""Good afternoon thank you for your help I have no idea of how the arrived at the amount they are claiming. I have nothing
Nothing from the court. I contacted the court and they said no change had come from them. I have received no evidence or no pre court information of their claim from them......I know they are trying something underhand I was going to reply

I insist in the strongest terms that I withhold any consent to allow any changes by you. I will not agrees to settle any cost incurred by your shortcomings. I would suggest It is not a regrettable over sight as you have implied. I insist that it was not a mistake by not adding the full breakdown of the total extortion.. I will also insist to the court that they must not agree to you changing any of the summonses as this would prejudge my defense. As for additional cost Your total lack of clarity and deliberate intention to deceive me, is being used as my defense.!! ""

[Amethyst]

Did you receive additional particulars of claim as they claim in the letter?

here...




or just the particulars on the original claim form you got from court ?

[HappyDanny]

"Good afternoon No particulars of the claim have been received I only have the court details which is a total amount shown on the court letter"

[Amethyst]

So they are basically lying in their letter.

Can you post up a copy of their draft amended/new particulars pls ( remove personal info)

[HappyDanny]

"I have no details of the proposed amended /new particulars. They are lying, they never sent any pre-court notice before going to court, They were trying to catch me out and get a default judgement. I contacted them originally and told them I was not the driver and all correspondence from them would go in the bin. They did not want the details of the driver, as they said I was liable"

[Amethyst]

In which case you need to respond to their letter to tell them that you have not received a copy of the amended particulars, either prior to, or with, their letter, therefore you are unable to consent to their amendment. You will consider whether to consent once you have a copy of their proposed amendments. Draft it on here first - just be formal - and remember the court will see the letter ( as you'll send a copy for the file as well).

[HappyDanny]

"thank you so much for your advise I will do that"

[HappyDanny]

Good afternoon
I refer you to your letter dated 27^th February 2018.(received 5th March) As I have not received a copy of the amended particulars, either prior to, or with, your letter, therefore I am unable to consent to your amendment. I will consider whether to consent once I have a copy of your proposed amendments.

*********** *****
(Registered keeper, not driver).

[HappyDanny]

"""Good morning am I clutching at straws? I read other defenses from the Forum. The signs say "parking bay" The whole of Camberley Town is a Local Authority Controlled Parking Zone. (CPZ) All parking bays are controlled by the local Authority.
This should mean that the parking bays are not "relevant land"

Protection of Freedoms Act 2012

schedule 4 Section 56
Recovery of unpaid parking charges

3(1) In this Schedule “relevant land” means any land (including land above or below ground level) other than—

3. (1) (b) a parking place which is provided or controlled by a traffic authority"

Can I use this as my defense?"""

[ostell]

Yes of course you can use the not relevant land in your defence.

Don't be put off by the correspondence from SCS, stick to the timetable mandated by the court. If there is no particulars of claim submitted then how can you defend against it? Perhaps you could post up the PoC that you received. Your response to the court should be that the particulars of claim are embarrassingly bereft of details to be able to create a defence and you ask that the claim be struck out.

I'm sure others will help with the wording but don't miss that 53 days from issue date to get the defence in to the court, assuming that you have acknowledged the claim online.

Post up the Notice to keeper you received, suitable redacted. Leave dates.

[Amethyst]

Good afternoon
I refer you to your letter dated 27^th February 2018.(received 5th March) As I have not received a copy of the amended particulars, either prior to, or with, your letter, therefore I am unable to consent to your amendment. I will consider whether to consent once I have a copy of your proposed amendments.

*********** *****
(Registered keeper, not driver).

Not bad Try this - it's a letter about court procedure rather than about your defence so call yourself Defendant.



Dear SCS Law


Reference: Claim Number XXXXXX

I refer to your letter dated 27th February 2018 which I received on the 5th March 2018.

I have not received a copy of your further or amended particulars, either prior to, or with, your letter, therefore I am unable to consent to your amendments to your statement of case as requested at this time.

I will consider whether to consent once I have a copy of your proposed amendments.

Kind regards

xxxxxxxxxxxxxxxxxxxxx
Defendant

[HappyDanny]

"""Thank you for your advise. I have no "notice to keeper" I have thrown everything I received from UK Parking away.

This is my defense as submitted to the Court.:-


case number *********


UkParking Control Ltd & SCS Law V **********



This is my Statement of Defense

I am ******, defendant in this matter and deny liability for the entirety of the claim for
each and every one of the following reasons;

1. It is admitted that the Defendant was the authorised registered keeper of the vehicle in question
at the time of the alleged incident. (date not yet confirmed) I Vehemently deny agreeing to any
contract with UKP (UK parking control Ltd) There are no specific details supplied by the claimant.

2. The Defendant was not the driver of the vehicle on the date in question and UK Parking Control
Ltd were made aware of this on many occasions! The actual drivers details were offered but refused
as they insisted I would have to pay. I refused payment as I had not agreed to any contract with
them. I offered to provide a sworn affidavit to support my full denial.
(a) UK Parking Control Ltd have chosen not to rely on POFA 2012 (Schedule 4), and so have no
redress against the registered keeper. The keeper can only be held liable if the Claimant has
fully complied with the strict requirements including 'adequate notice' of £100 charge and
prescribed Notice to Keeper letters in time/with mandatory wording. he driver details were offered, but refused
This was not done by the Claimant. This means the registered keeper at the time is not liable.
(b) Additionally, Schedule 4 only allows for a keeper to be liable under statute for the sum of the
parking charge, not any fictitious additional extorted costs, yet to be justified by the claimant.

3. UK Parking Control Ltd implied contract is stated as being with the driver and not the registered
keeper. No contract was agreed between and driver or registered keeper

(a) UK Parking Control Ltd is not the lawful occupier of the land

(b) Absents of a contract with the lawful occupier of the land being produced by the claimant, or a
chain of contracts showing authorisation stemming from the lawful occupier of the land,
I have the reasonable belief that they do not have the authority to issue charges on this land
in their own name and that they have no locus stand to bring this case.

(c) As there was no contract, then at most the car driver was guilty of a civil trespass (though this is neither admitted nor
denied). If this was the case, I would be liable to damages. Given that there was no damage to the car park and
furthermore that the car park was never full I would suggest that there was therefore no loss at all.

4. This Claimant has not complied with the required pre-court protocol:

(a) There was no compliant ‘Letter before County Court Claim’, under the Practice Direction received
by me. I still await any details or justification for the sum claimed against me

(b) The Claim Form from the court were extremely sparse and divulged no cause of action nor
sufficient detail of the sums claimed. It has not been specified why the charge arose, what the
alleged contract was, and why UKP did not pursue the driver when details were offered.
PCN terms and conditions referred to are; nothing that could be considered a fair exchange of
information.
(c) The claimant has yet to respond to my Request written and sent by the defendant and delivered
to SCS Legal and UKP See attached proof of postings, delivery and acceptance

5. Inadequate signs incapable of binding the driver – I do not have details of any contemporaneous
Signage for the alleged incident.
(a) I do not know of any prominent signage, forming a clear offer and which turned on unique facts
regarding the location and the interests of the landowner. Strict compliance with the BPA Code of
Practice was paramount. I did not see any sign nor did I enter into a contract to pay any monies to
UK Parking Control Ltd. UK Parking Control Ltd have not shown any valid 'legitimate interest'
Allowing them the unusual right to pursue anything more than a genuine pre-estimate of loss. Their
Continued pursuant of claim for monies against me can only be described as Extortion.

(b) Any signage being obviously written to deceive, trick, fool and extort should not be permitted to be
Accepted, by any normal sane person, as a basis for an implied contract. The amount of the penalty
being known to the consumer so they could make their decision whether to park and risk a
huge penalty makes agreeing to a contract less believable and even more spurious!!

(c) any contract must have The requirement of good faith and in this context is one of fair and open
dealing. Openness requires that the terms should be expressed fully, clearly and legibly,
containing no concealed pitfalls or traps. Appropriate prominence should be given to
terms which might operate disadvantageously to the customer. Once again resulting in this Extortion.
(c) All the UKP parking signs are a mass of confusing and contradictory terms and words. They are
not clear of the requirements. There should not be any small print. The signs state
No parking between 8am & 6pm. In large print. UKP notice is meant to deceive, fool and confuse.
The same notices appear throughout Camberley. This other signs means after the hours free parking is permitted.
(d) The charge is not prominent (no large lettering) – breach of the POFA 2012 schedule 4 and the
BPA Code of Practice, which the signage also states it abides by. Therefore no contract is formed
to pay any stated sum.

(e) All the above supports the assertion that the monies claimed against me would be assumed
to be a penalty and therefore not enforceable. The charge the claimant are levying is an unreasonable indemnity
clause pursuant to section 4(1) of the Unfair Contract Terms Act 1977 which provides that: "A person cannot by
reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of
liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term
satisfies the requirement of reasonableness.”
(f) The charge the claimant are levying is an unfair term (and therefore not binding) pursuant to the Unfair Terms in
Consumer Contracts Regulations 1999. In particular, Schedule 2 of those Regulations gives an indicative (
and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e) "Terms which have
the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in
compensation." Furthermore, Regulation 5(1) states that: "A contractual term which has not been individually negotiated
shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties'
rights and obligations arising under the contract, to the detriment of the consumer" and 5(2) states: "A term shall always
be regarded as not having been individually negotiated where it has been qs drafted in advance and the consumer has
therefore not been able to influence the substance of the term."
6. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons:

(a) As the Claimant is not the landowner and suffers no loss whatsoever as a result of the vehicle
parking on the site in question;

(b) The amount claimed is a charge and evidently disproportionate to any loss suffered by the
Claimant and is therefore unconscionable;

(c) The penalty bears no relation to the circumstances because there is simply no loss. No one would
Ever legitimately agree to pay £100 parking so only those who are misled and cheated by signage would park
There ; and

(d) The clause is specifically expressed to be a parking charge on the Claimant's signs.

8. If the court believes there was a contract (which is denied, as I was not the driver) this is just the
sort of 'simple financial contract' identified at the Supreme Court as one with an easily quantifiable
loss (the charge) where any sum pursued for breach must still relate to a genuine pre-estimate
of loss. No Loss was proved or substantiated by the claimant

In the circumstances and taking into consideration all of the above, the Defendant invites the Court
to strike out the claim as both being a vexatious claim by a serial litigant, and having no reasonable
prospects of success. The claimant was deceitful by pursuing this claim to court by not following
procedures. The claimant and his representative, were expecting me to ignore the court letter
and then they would receive judgement by default…… I believe this to be true fact as they had been
asked on many occasions not to contact me. I also advised all correspondence from them and their associates
would be recycled without opening. They have also waited almost 2 years to make any claim and try and catch meunawares.
I advised them I had no contract with UKP and I would not pay UKP any monies. Their bombardment of threats and
actions from various debt collectors has cause me and my household a great deal of distress and deep anguish. Thanking you in advance
for your reasonable considerations


Best Regards"""
****** ********

[ostell]

Unfortunately even if you weren't the driver then you can be held liable as the keeper.

Did you actually give them the name and address of the driver at the time? If so then paragraph 5 (1) (b) of POFA no longer applies and therefore no keeper liability.

6 (b) The amount claimed is a charge and evidently disproportionate to any loss suffered by the
Claimant and is therefore an unconscionable penalty.

[HappyDanny]

""" I did try to repeatedly give them the name of the driver, they refused and told me I was liable and there is nothing I can do about it only pay up"""