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CST letters' forum group thread

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Comments

  • Hi I can't see the links to the two threads for the Group Action and the Government Consultation, can you kindly include them here.
  • Umkomaas
    Umkomaas Posts: 43,324 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi I can't see the links to the two threads for the Group Action and the Government Consultation, can you kindly include them here.
    I've just taken one to the top of the forum thread list, first page, the other is part-way down on the same page. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 August 2021 at 7:23PM
    The point is that people learn how to look on the forum without searching it.  

    There is no substitute for just reading the threads every day and learning about the important stuff.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I agree - however it is just more convenient and saves us all time if we help one another out if we can ;) 

    Thanks so much for all your dedicated time and effort into helping the motorists get justice! 
  • No there is no template for complaints, for obvious reasons.  Think about it and why it needs to be in your words...why do people always want templates that water everything down?

    And please tell us you know about these other two threads (below) and have done both required urgent tasks?

    I really hope you have done the Government Consultation and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think of them increasing charges to £130 instead of £100...which is already extortionate.

    You have 5 days to do the consultation.  Please, please, do and do it by email so you attach evidence.  Spread the word, is closes within days, next week!

    Also, I hope you've also registered for the Group Action, against the DVLA (open to anyone with a PCN since 2018?).  Gotta be in it to win it!  Nothing to lose, and it's genuine.

    Read the threads about those important matters, they both need doing, right now, this week.
    Doing both these ASAP - plus forwarding DVLA group action link to people I know on WhatsApp and hopefully get it spreading.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Read this

    Excel v Wilkinson


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

    You never know how far you can go until you go too far.
  • Before I add my LBC from CST Law, I'd like to thank the regulars here who have provided so much information and help for someone like me. I very much appreciate the time, effort and support you've given.

    I've gone through the stages as I've understood them in the NEWBIES thread including Land Owner, PPC and POPLA appeals (Rejected), Debt Collector letters from DRP, a reminder from CST Law and now the LBC from CST Law as shown sanitised below.
    I also include my sanitised draft SAR email to Premier Park Ltd and the Draft email response to CST Law denying the debt while seeking Debt Advice and querying the additional £70.00.

    I hope I've understood the advice correctly and welcome any amendments, or, hopefully an okay to send the emails.

    Even though I received the LBC yesterday 24 August 2021, the 30 day response window closes 11 September if my calculations are correct.


    LBC from CST Law


    Draft SAR to Premier Park Ltd

    Premier Park Ltd                                             (My Address Removed for

    PO Box 624                                                    Sanitation Purposes)

    Exeter                                                          

    EX1 9JG                                                        

     

     

    25 August 2021

    PCN XXXXXXX

    Dear Sir or Madam,

    Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

    I am (My Name)                   of

    My Address

     

     

     

    Please supply the data relating to myself that I am entitled to under data protection law, including;

    ALL photographs taken.

    All letters and or emails sent and received, including all and any appeal correspondence.

    All data held and all evidence you may rely on.

    A full copy of the Parking Charge Notice (PCN) and the Notice to Keeper (NTK).

    A list of all PCNs outstanding against me and/or this Vehicle Registration Number (VRN).

    You are reminded that any claim must be for all PCNs, not several separate claims.

    I include below an image of the V5C (Removed for Sanitation Purposes) but if you need any more data from me to confirm my identity, please let me know as soon as possible.

     It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

    If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

    Yours faithfully,

     

     

     Draft response to CST Law

    Dear Sirs,

     

    I have received your letter before claim for PCN number XXXXXXX. The alleged debt is disputed and denied, and in any event the quantum is exaggerated and unrecoverable because you cannot claim debt collection (operational) costs twice, so please provide your detailed calculations in determining the alleged charge amount of £170.00

     

    I am, however, seeking debt advice, so you are required to cease processing my data for at least 30 days.

     

    In addition, as part of the PAP for debt claims and the overriding objective, I require you to supply me with copies of the alleged contract, namely copies of the actual signage on site. A computer render is insufficient, I require actual photographs taken on or around the date of the alleged breach.

    Yours faithfully,

    Thanks again for your time. I'm now off to complete the private parking charges consultation.

     





  • Le_Kirk
    Le_Kirk Posts: 24,511 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You won't get "all evidence you may rely on" unless it relates to you.  Do not offer them: -
    but if you need any more data from me to confirm my identity, please let me know as soon as possible.

    they will take any and every opportunity to delay so don't be offering them excuses.  You will attach your V5C and, if you also attach their letter to you at your address that should be sufficient.  If they refuse to accept it, complain to the ICO.

    I am, however, seeking debt advice, so you are required to cease processing my data for at least 30 days.

    ............... in line with the pre-action protocol for debt claims 4.2

  • Great, Thank you Le_Kirk.
    I'll make the amendments and send them off.
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