CST Law/JD Parking letter before claim advice please

rigonet

Hi all,

I've had a read of the newbie thread but I need some specific advice please.

I had a permit to use a parking space and parked there for 2-3 years during which time the permit was thrown away accidentally and acquiring another was going to be problematic. All of a sudden I started receiving PCNs 3 in total over a period of two months. I've since had letters claiming 4 PCNs, I didn't receive the fourth physically, from a variety of different companies. The parking spaces are managed by JD Parking who I had the permit for.

So far I have previously ignored all letters which I have done for a case in the same parking area a few years earlier and has since been dropped. I now read that this is old advice. I have just received 2 separate "Letter Before Claim" letters from CST Law on 02/01/20 dated 20/12/2019 demanding payment or reply within 30 days of the letters. Each PCN has had a £15 charge added to it to cover the client's time in recovering the charges.

I read the advice on submitting a SAR to the original parking company JD Parking Consultants Ltd. I can progress that if still appropriate but do I need to reply to CST Law as well? I also read that all PCNs should be on one single letter but I was sent two, I don't know if this is significant?

I'm unclear on what is my best defence here other than I used to hold a permit and have parked there for years. There is a small chance I could acquire another permit but if it was not displayed at the time I imagine that would be irrelevant? Another possible defence could be poor signage which I would have to return to gather evidence for and I'm not actually sure if it is poor or not. Any other advice on how to approach this one appreciated.

Thanks for any help with these as it's not a small sum in total.

rigonet

To add to this, the location is a group of industrial units with allocated parking spaces (but not marked in any way) and I believe that JD Parking only have a contract for some spaces. The vehicle was not always parked in the same space and so may well have been in a neighbouring unit's allocated spaces but I am unclear if this was the case. Access to the group of units does have a barrier system however it was always left open.

Another probably minor point is that I no longer own the vehicle.

Redx

yes email a SAR to the DPO at J D , attaching 2 redacted copies of recent utility bills with your name , your address and the date showing

reply to CST denying the alleged debt and asking them to place it on hold whilst you seek debt management advice (this will likely be rejected)

2 letters , 4 letters , 1 letter with all of them on it - all irrelevant

no longer owning the vehicle - irrelevant , you were keeper at the time

signage is always poor but crucial to any defence, so gather your evidence (including the SAR reply) whilst you have time

rigonet

Thanks @Redx.

Any point in pursuing getting hold of another permit now? I have a friend who has contacts with the leaseholders of the unit, but obviously the permit was not displayed at the time.

Otherwise it sounds like poor signage is the only possible defence so I can gather evidence of that.

beamerguy

Each PCN has had a £15 charge added to it to cover the client's time in recovering the charges.

CST are completely round the bend, they have lumped all 4 together
and added £15 to each ticket with a cloud 9 dream of the cost of recovery

Total - £60 ???? It's this rubbish that gets these dodgy legals spanked in court for ABUSE OF PROCESS

READ PLEASE
https://forums.moneysavingexpert.com/showthread.php?t=6014081

Such a poor scam, wake up CST ??? YOU HAVE BEEN SUSSED

NOT ALLOWED BY LAW

Mind you, it's makes rubbish of the likes of BWLegal, Gladstones etc who add £60 per ticket with a junkie excuse ...... which rogue trader is right ????
NONE OF THEM

Coupon-mad

I have just received 2 separate "Letter Before Claim" letters from CST Law on 02/01/20 dated 20/12/2019 demanding payment or reply within 30 days of the letters. Each PCN has had a £15 charge added to it to cover the client's time in recovering the charges.

Your priority is to reply and list all 4 PCNs you know about and require them to check for ALL PCNs which their client alleges are outstanding against you as registered keeper, and if they believe they have complied with the POFA Schedule 4 for 'keeper liability' then they must consolidate the LBCs into ONE claim. For the wording to use, search the forum for:

two claims? substantially consolidate

You could also ask them:

- is their client replying upon the POFA 2012 SCHEDULE 4 for 'keeper liability' for all PCNs?

- what is this added £15 about, given that the costs of the operation and debt collection must already be in the parking charge itself, as was held in the Supreme Court in Beavis, and

- ask for photos of the signs at the material dates, showing where it mentions in the small print, the £100 parking charge and this purported £15, and you require this due to the Consumer Rights Act 2015 and due to the overriding objective of narrowing the issues before court.

Show us your draft if you like, as that's a lot of important things to say.

DoaM

CST Law ... are they the new kids on the block?

rigonet

Many thanks for the responses, I missed some of these.

I have written the SAR which is a letter as I couldn't locate an email address for JD Parking. I have requested the suggested information from the newbie thread and mentioned that all PCNs should be consolidated into one claim. I will post via recorded delivery, the address is a PO box so not sure how that works but assume this is still wise?

For the letter to CST Law, I have the below as a draft if you could review please. I couldn't find any consolidation wording applicable at the LBC stage, only the defence stage, so I have come up with something myself.

Dear Sir or Madam

I have received two Letters Before Claim from yourselves regarding vehicle XXX and parking charge notices from the claimant JD Parking Consultants Ltd. I have sent the claimant a subject access request and therefore require a restriction of data processing and for you to put both cases on hold.

I’m aware of the following parking charge notices:
[PCN details]

Please detail all parking charge notices which the claimant alleges are outstanding against me as registered keeper.

Please advise if you believe you have complied with the Protection Of Freedoms Act 2012 Schedule 4 for ‘keeper liability’. If you believe you have, all claims must be consolidated into a single claim for all parking charge notices.

Please advise if the claimant is relying upon Protection Of Freedoms Act 2012 Schedule 4 for ‘keeper liability’ for all parking charge notices?

Please explain the additional £15 charge applied to each parking charge notice given that the costs of the operation and debt collection must already be covered by the parking charge itself as per the Parking Eye vs Beavis case in the Supreme Court.

Please provide photographs of any relevant signage on the date of issue for each parking charge notice and highlight where the £160 charge is mentioned and the additional £15 charge claimed for each parking charge notice required due to the Consumer Rights Act 2015 with my objective being to narrow the issues in the claim prior to court.

Yours faithfully
XXX

I need to post both of these letters on Friday at the latest to arrive Saturday prior to the 30 days expiring Sunday (no post deliveries). I will send both together by recorded first class delivery.

Thanks for any further help with these

Redx

do not use signed for delivery (there is no recorded, hasnt been for years ) , anyone can sign for them , but as its a P O Box the chances are nobody will , so you will waste your money)

get a free CERTIFICATE OF POSTING from the P O Counter, when you pay them to put the stamp on the envelope

not SIGNED FOR

not SPECIAL DELIVERY either

this is why they use P O BOX numbers , to hide their true address and so nobody signs for post, sneaky eh ?


do it tomorrow as its deemed delivered 2 days later

rigonet

Another option would be to use JD Parking's registered address as listed at Companies House?

Phil Dodgson & Partners First Floor, 68 Uppermoor, Pudsey, England, LS28 7EX

Or I can just get proof of postage to the PO box if that is sufficient.

KeithP

rigonet wrote: »

Or I can just get proof of postage to the PO box if that is sufficient.

That's what you do.