APCOA threaten with letter from Small Claims Solicitors

[kaygee]

I received a penalty notice from APCOA back in July (2014). The offence was shown as '05-Parked over two bays'. (My car is the Kia Soul in the photo)

Having parked in they spot and in the same way for 12 months and never received a ticket, I was surprised to see one on my screen one evening.

 

I did write to APCOA and attached photos to show that the second 'bay' that they referred to was not a bay, but an old bay that now housed the CCTV camera pole and bollards, and therefore the penalty was invalid. They responded and said they upheld the penalty charge.

 

I called APCOA and spoke to someone, who located my letter and actually agreed that I shouldn't have been fined as it wasn't a parking space.

 

I also looked around online and saw that a lot of other people were having issues with APCOA and their 'fines'.

 

I ignored their letters for more money, and was disgusted when they increased the fee from £60 to £155 because I hadn't paid them. Their letters stopped towards the end of August.

 

This morning however I received a letter from a company called SCS (Small Claims Solicitors) based in Martin lane, London, stating that if I don't pay then their client will consider issuing legal proceedings.

 

Also on the letter, it now states that I had two tickets issued, consecutive reference numbers, both on the same day, for the same car, in the same car park for the same offence - I must be good to be able to do this! They now claim I owe them £310!!!

 

Has anyone else ever encountered SCS before, and should I be concerned?

 

The letter threatens CCJ and attachment of earnings - I didn't think that a parking fine can result in such things?

 

Any advice or assistance would be really appreciated,

 

Thanks - Kaygee

Edited November 8, 2014 by dx100uk
removed pers details

[citizenB]

They are certainly getting ahead of themselves if they are threatening CCJ and attachment of earnings.. BEFORE even issuing the claim ?

[dx100uk]

and I think you'll find it does not say PENALTY anywhere

 

 

read the letter properly..

 

 

as for the SCS letter

can you scan it up please

 

 

its 'wrong' for them to use such a name

 

 

as you have ignored for such a long time

its best to keep ignoring apcoa

 

 

the sols can do nowt and never do

 

 

dx

[dx100uk]

also bay marking mean nothing in a private carpark

bar mere graffiti.

 

 

dx

[DragonFly1967]

You wanna be careful... If you pay this SCS, they'll be sending the boys round with a new sofa

 

 

You can quite safely ignore anything from this bunch of clowns, they're just chancers who are trying their luck. The only time that you'll have to respond to anything now is if (and that's a big if) APCOA (no one else) issues you with a) a letter before claim or b) a valid claim from the county court.

 

Even at that point, they'd only get a CCJ against you if you a) lost in court (which is by no means a certainty despite what the parking clowns would have you believe) and b) if you did lose, you didn't pay up within either 14 or 28 days (can't remember which).

[renegadeimp]

You do not owe them a single penny If they are stupid enough to go to court, then use a simple GPEOL defence and laugh at them hard. Also understand that it is NOT a fine. Only the council or a legal entity can fine anyone. A privcate low rate parking company cant do ANYTHING.

[kaygee]

Added the SCS letter and only just realised that it states not to reply to them but to contact Debt Recovery Plus...

 

Thanks for all the responses!

[renegadeimp]

There you go. They are the epitome of being inept. Either ignore them, or wait for a court claim to come through ( highly unlikely). You have a Solicitor (probably DRP using a different name) acting on behalf of a dca who is acting on behalf of a PPC who cant actually do anything at all.

 

See how pathetic these companies are?

[ericsbrother]

interesting that they seem to be answerable to DR+,

who have no powers or interest in this matter or any other matter either.

 

As for issuing 2 consecutive tickets,

I wonder why they stopped at 2,

they could have issued 222 for all the valifdity it has.

 

 

If you are in breach of contract (and you arent) then that is that,

there cannot be a further charges as a separate event would be required so stupidity has crept in and that is to your advantage.

 

The steady increase in the amount claimed is again unlawful,

you could write back and ask for a copy of the credit agreement you must have entered into with DR+

as you cannot locate it that would explain why the demand has gone up from £60-£310.

 

 

Let them know that a CCA request will be issued if an explanation of their demand is not forthcoming

and could they provide their consumer credit licence details as you cannot locate those either.

 

The truth is that this is all huff and puff.

 

 

You need to find your telephone records to prove you did contact them should they be dumb enough to give it the big one.

 

SCS is the trading name of a regulated solicitors but they are not the creditors nor are DR+

so they can both be ignored if you dont fancy winding them up as above.

 

I doubt if APCOA will issue proceedings as the rentathreats are usually the end of the matter.

 

 

One company that does withdraws their claims at the first sign of it being defended as they know that they are almost certain to lose.

 

 

A reliance on threats and ignorance is how they make money and as you can see,

 

 

they will add a bit to the bill for no reason to make up for the shortfall where people tell them to get lost or ignore them.

[ericsbrother]

If you park there regularly photograph the signage and tell us where it is in relation to the entrance to the car park and how big the signs are and the approximate font size and any change of font or background colour. Also pay particular note to point or para 5 on the sign and if it doesnt specifically say exactly the same as the offence 05 then that will kill them. Do they say "offence"? if so it raises the question as to what criminal law or road traffic act legislation you have broken. Again, they are pretending that they have some authority when they dont and this will bite them back if they do play tough guys.