CST letters' forum group thread

Umkomaas

ForumUserOne said:

They know I’m the keeper because the PCN happened when the car was parked in my flat’s demised parking space, which I stated in my appeal as reason they have no right to charge me to use my own space. 

In order to meet PoFA compliance requirements, the PPC must request registered keeper details from the Secretary of State (DVLA), irrespective whether the keeper has already provided that information. The SoS (DVLA), provides the registered information - the RK could throw the PPC any old line!

From the Act (the Law):

11(1)The third condition is that—

(a)the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper’s details in relation to the period of parking to which the unpaid parking charges relate;

(b)the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);

(c)the information sought by the application is provided by the Secretary of State to the applicant.

KeithP

ForumUserOne said:

They know I’m the keeper...

So what?

Read again what I wrote. If they didn't get the keeper's details from the DVLA, then they cannot hold the keeper liable.

As long as they don't know who the driver was then they will have no success with any claim.

Timeouts

ForumUserOne  .... I really hope you are understanding what has been said above

You already know from the DVLA that there was NO application for keeper info.  They could attempt to claim from a driver but THEY DON'T KNOW who the driver was and they cannot claim against the invisible man.
Also, they cannot assume from your letter that you are the keeper.  Only the DVLA can do that and they did not.

This is why I said earlier the PPC should cease CST before  an explosion starts because there is mis use of data and the failure  of the PPC to apply the correct method set out and confirmed by the DVLA. This could mean a sanction against the PPC.  you can have a lot of fun with this without harm to yourself.

Disarobbo

Hi guys, 

After months of being hounded by SmartParking and DRP throughout lockdown I have today received my first letter from CST Law. 

I have followed all of the advice found on these forums: 
- Sent SmartParking a SAR
- Notified CST Law of the SAR and denied any debt
- Contacted my local MP
- Contacted the land owner 

Is there anything else I can do? As I’m sure you all understand, my whole life has been plunged into uncertainty following the coronavirus and subsequent lockdown procedures and these debt claims have only compounded the rapid decline of my mental health over the last few months. 

I lack any real knowledge of legal procedures so any information would be greatly appreciated no matter how small. 

Thank you in advance

Umkomaas

What about trying for a landowner cancellation?  Beyond that it's a wait and see situation. Smart Parking have hardly ever raised a court claim, and when they have, a solid defence sends them scurrying away.

I'm afraid you have to tough it and ride it out - they have 6 years to pursue through the courts. 

Timeouts

And did this letter say they are instructed by DRP ???

Disarobbo

Umkomaas said:

What about trying for a landowner cancellation?  Beyond that it's a wait and see situation. Smart Parking have hardly ever raised a court claim, and when they have, a solid defence sends them scurrying away.

I'm afraid you have to tough it and ride it out - they have 6 years to pursue through the courts. 

I appreciate the honesty. Those who run these companies are truly awful people.

Timeouts said:

And did this letter say they are instructed by DRP ???

Yes. The first line of the letter states, verbatim: “we have been instructed by Debt Recovery Plus Limited, as an agent of SmartParking Ltd in relation to the above debt.” 

Timeouts

Disarobbo said:

Timeouts said:

And did this letter say they are instructed by DRP ???

Yes. The first line of the letter states, verbatim: “we have been instructed by Debt Recovery Plus Limited, as an agent of SmartParking Ltd in relation to the above debt.” 

You need to understand this.

To transfer a debt to another company, Smart Parking must write to you telling you this. DRP must also write to you saying they now own the debt.   That is the law

Neither has happened because in the parking industry this type of transaction cannot happen without express permission from the the DVLA. Thus far this has never happened.

Therefore, CST Law are talking out of that hole where the sun don't shine and should be reported to the SRA for misleading information.

DRP CANNOT INSTRUCT ANYONE AS THEY DO NOT OWN THE DEBT

WAKE UP CST ... STOP TELLING LIES

Umkomaas

Disarobbo said:

Umkomaas said:

What about trying for a landowner cancellation?  Beyond that it's a wait and see situation. Smart Parking have hardly ever raised a court claim, and when they have, a solid defence sends them scurrying away.

I'm afraid you have to tough it and ride it out - they have 6 years to pursue through the courts. 

I appreciate the honesty. Those who run these companies are truly awful people.

Timeouts said:

And did this letter say they are instructed by DRP ???

Yes. The first line of the letter states, verbatim: “we have been instructed by Debt Recovery Plus Limited, as an agent of SmartParking Ltd in relation to the above debt.” 

It's why a very small handful of regulars come here every day, 24/7/365 to help people fight their parking charges. Unfortunately, those we do assist to rid themselves of their burden, just subsequently melt away. Rarely do they come back to help others. The only time we see them back is when they fall foul of their next PCN!

Degsy19

Sorry if it's obvious but where do I find the NEWBIES page