Cst law letter before claim

Hjscott

Hi everyone,
I realise there have been a few very similar threads to this but I was advised to start my own one.
So long story short....

I received a fine from Smart parking for overstaying in a free shop car park' I ignored at the time and then received the letter from debt recovery chasing the debt.
Ignored again.
I received a letter on December 17th from Cst Law. LETTER BEFORE CLAIM. claimant smart parking Ltd.
As other threads describe it says instructed by debt recovery plus as agent of smart parking to commence legal action.
They've added on the £15 for time spent and resource facilitating recovery of debt.

What do I do?? Do I reply with a letter similar to what I've seen on other posts??
Do I ignore???

So confused, I just don't know what to do.

I can provide more info from this letter if needs.

Any info would be greatly appreciated though.
Thanks in advance

Coupon-mad

Send them a letter saying the keeper was not the driver so how exactly do Smart think they can hold the keeper liable, given that they don't use the POFA 2012.

You could have had this cancelled with ONE email saying that to Smart!

Hjscott

I know. I realise I was stupid ignoring them, but that's hindsight I guess. So reply by a letter with thr details given on the letter?? Anything else I should say or just short n sweet??

TIA

nosferatu1001

Short and sweet, obviously use their reference numbers.
Deny the debt firstly, state the keeper was not the driver and you are aware that SMART cannot hold a keeper liable, as they choose not to comply with the POFA2012 Schedule 4.
And no need to be confused - the newbies thread is very, very clear that you MUST respond to a Letter Before Claim.

beamerguy

As said above. I have my doubts that CST actually know what they are doing

Even though for some reason they do not rely on POFA, by adding £15 as a cost is an attempt to circumvent the Supreme court ruling
which said in rule 198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the scheme...''

By adding £15 is still classed as abuse of process

BrownTrout

The £15 is on top of the £60 added on etc

The_Deep

[FONT=Times New Roman, serif]I received a fine from Smart parking for overstaying [/FONT]

No, you received an invoice from an ex-clamper for a spurious claim for danmages for an alleged breach of contract. [FONT=Times New Roman, serif] [FONT=Times New Roman, serif]Read what Pete Wishart MP said recently in the House of commons about Smart Parking. [/FONT][/FONT]
[FONT=Times New Roman, serif]
[FONT=Times New Roman, serif]"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

[/FONT][/FONT] [FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

beamerguy

BrownTrout wrote: »

The £15 is on top of the £60 added on etc

Really, clearly proving that CST are clueless and such stupidity deserves the spanking in court they are heading for

samssar22

Hi All
Been reading up on the previous posts and advice. Really helpful!
Still would like some advice as I am unsure. 

Its the same sanario as many others. I recieved a few letters from highview parking for a parking fine.  I ignored them and didnt pay and i didnt appeal. Should have appealed really but didnt. Then i recieved letters from Debt Recovery and did the same. The letters stopped for a bit and then few days ago recieved a letter from CST Law. It has a header of unpaid debt reminder notice. It mentions the 6 years period. Mentions CCJ and how it can effect my credit rating and if i dont pay by the 10th March court papers will be sent out. I only recieved one letter saying pay 149, no other documentation with it no forms to fill in. 

Any advice would be good !

beamerguy

samssar22 said:

Hi All
Been reading up on the previous posts and advice. Really helpful!
Still would like some advice as I am unsure. 

Its the same sanario as many others. I recieved a few letters from highview parking for a parking fine.  I ignored them and didnt pay and i didnt appeal. Should have appealed really but didnt. Then i recieved letters from Debt Recovery and did the same. The letters stopped for a bit and then few days ago recieved a letter from CST Law. It has a header of unpaid debt reminder notice. It mentions the 6 years period. Mentions CCJ and how it can effect my credit rating and if i dont pay by the 10th March court papers will be sent out. I only recieved one letter saying pay 149, no other documentation with it no forms to fill in. 

Any advice would be good !

The immediate advice is to start your own thread, you will then get help

Coupon-mad

It's only Highview!

No idea why people worry (easy to Google and find how easy Highview are to beat and that they cannot hold a keeper liable, which is why YOU DON'T blab about being the driver!) and no idea why people actually have to be told by us, the really easy, (think about it - blindingly obvious) way to cancel a private PCN...

(complain to the landowner/retailer and get these irksome threats cancelled on the spot by the Manager).