CST letters' forum group thread

Coupon-mad

firstly by Smart, then Zenith, then DEBT Recovery Plus Limited to my old address (due to not having updated my V5C during the time of the alleged offence) , and was ignored (with no POPLA appeal submitted, due to ignorance at the time) until I received an LBC last month from CST Law.

OK.

 (correspondence is still being sent to my old address, even though I've subsequently updated my V5C and licence details). I have until Friday to respond to this LBC, so I believe I am now at the stage where I need to make a SAR request to Smart and submit my dispute letter to CST? 

Yes, saying that you deny any liability but are seeking debt advice so any planned court action must be placed on hold.

Just as importantly, your communications this week must ask for 'data rectification' and that CST Law and Smart ERASE (use that word) the old address and update your address for service to your correct address immediately.

would it be worth getting in touch with my Local MP regarding this? His office is located immediately opposite the car park, I just didn't see realistically how this would help my immediate situation.

Yes, because he/she might well have been contacted by other constituents and will write to Smart to lend weight to your dispute.

At this stage I would be happy to just go ahead and pay the initial fee of £60,

You can't.

without the additional bailiff fees added on top,

There are no bailiffs!  Flipping heck, why do so many people think there are bailiffs involved and 'fees on top'?
Debt crawlers are not BAILIFFS.

 Also, for peace of mind, does anybody realistically know the likelihood of this ending up in court?

None that I've seen from CST Law but this is where people win!  No risk, no CCJ, no bailiffs, no huge 'fees'. 

Smart can't hold a registered keeper liable and there is no evidence who parked, and if there is more than one driver of your car and several months/a year has elapsed, how are you meant to know?  Why not ask for evidence of who was driving and point out that you are aware that Smart do not use the POFA.

But MOST important is to get the SAR and get the rectification of address and erasure of the out of date address, done.

ExasperatedParker

Hi Coupon-mad,

Thank you for the swift response to my query and for your careful analysis of my post - as stated it really is appreciated.

Yes you are correct in updating Smart Recovery Plus Limited to Debt Recovery Plus Limited - I had noticed the error (along with a couple of other typo's), but couldn't see an option to edit my post. Apologies!

I will amend my letters accordingly, including making explicit reference to the term 'Erase' when mentioning updating the address details, and to request Smart provide their evidence regarding the driver of the vehicle as you mention. I will  also get in touch with my MP as recommended.

Sorry for incorrectly using the term bailiffs - I can think of a number of other names for them, however, these may not be so appropriate for a public forum!

Many thanks for your assistance once again

Coupon-mad

Horrifically greedy industry, as you have discovered and it's well worth fighting.

You have no idea how much is being done off forum too but a difference is being made.

Umkomaas

@ExasperatedParker - are you in Scotland buddy?

ExasperatedParker

Hi @Umkomaas, I'm not mate, South Wales here

Umkomaas

ExasperatedParker said:

Hi @Umkomaas, I'm not mate, South Wales here

OK, no problem. It's just that CST have recently dumped a pile of Smart 'LBCs' on unsuspecting Scotland residents. There's no keeper liability in Scotland, which may have helped further down the road - if these cases ever migrate to litigation.

ExasperatedParker

Umkomaas said:

OK, no problem. It's just that CST have recently dumped a pile of Smart 'LBCs' on unsuspecting Scotland residents. There's no keeper liability in Scotland, which may have helped further down the road - if these cases ever migrate to litigation.

Ah, right you are, thanks for the heads up. All I can do for the time being is follow the guidance and advice posted here, and build up my evidence / case as much as possible in the meantime in anticipation of it reaching that stage.

Coupon-mad

Yes there is nothing exciting to do, as long as the Claimant has no old address for any of you at all (make sure old addresses are erased). 

Pittsey

Great thread, very useful. I have only received a debt recovery letter and not a version that states 30 days before action, so I am currently ignoring. 

One question though. CST Law and DRP are sending letters to an old address which I have never registered the car to and I moved out a good three years before I bought the car. My exwife lives there which is how I am able to access the letters. But it seems a bit unfair if they did bring court action and I missed it because they sent the letter to an address which is in no way affiliated with my car

Coupon-mad

Errrm...you asked that directly under my reply where I told everyone what to do about that!