CST - Letter Before Claim

Redx

Best way to get it stopped is what we said earlier

A landowner cancellation , by the organ grinder , not the monkey

Le_Kirk

Castle said:

Coupon-mad said:

That's good, they have admitted they are unsupported by any legitimate interest.  Get your MP involved and if you get a claim, come back.  

As the pharmacy was acting as an agent of the parking company; I'd suggest that a counterclaim would be in order for negligence for failing to record the driver's details.

I seem to recall the OP stating that he/she "was pretty sure the pharmacy had closed down" so this might be difficult - if the pharmacy has indeed closed.

Redx

Fair comment about the business having closed , but that does not mean that they owned the land nor that they employed the parking sc#mmer either , so the OP needs to check who owns or manages the land , if a parking firm is still contracted and if so get the PCN cancelled

I doubt that the pharmacy was landowner or hired Smart parking , but they may have had an exemption device. If it has closed there may be a for rent or for lease sign up which will have the managing agent details on it , check the NDR liability with the local council etc

Afaik British Land own the shopping centre near me where Boots is located , many shops are rented or leased from landowners

CMistry

Dear All, Again thank you for the advice. I have been reading all the threads and post from others. I noticed others have posted the letters they received. I have done the same below, I can also post on the other threads for completeness and so it’s in one place for all to see. Looking again at my letter (see attached). The date is like others well in the past so giving you little time to respond. Also is this letter really a LBC- sorry if I am being a bit slow.

I will also send a 'Subject Access Request' using the template to the email address provided on the Smart Parking website.

Then write to CST and tell them

a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent their client a SAR and have insufficient information, to date.

When writing to CST do I mention I am awaiting the SAR information, before I comment?

I will of course approach the land owner and the MP.

Coupon-mad

Yes do all of that but notice that their client is ZZPS Ltd, so in fact thy are not even 'instructed' by the creditor so point that out.

Also point out (if the driver has never been identified at appeal) that Smart Parking don't use (never have used) the POFA 2012 to invoke keeper liability in law.  So, to share the data of the keeper with third parties - and threaten to sue that keeper - exceeds the reason for which the keeper data was released under the DVLA KADOE rules.  In a non-POFA case the DVLA only releases the keeper data so that the PPC may 'invite the keeper to name the driver'.  That's it.  The data is not to be used, processed or shared for any other purpose and certainly not to sue the keeper and mislead the court and consumers as to keeper liability law.

 I have been reading all the threads and post from others. I noticed others have posted the letters they received. I have done the same below, I can also post on the other threads for completeness and so it’s in one place for all to see.

Yes please post it on the 'group CST Law thread' and carry on with your replies there please:
https://forums.moneysavingexpert.com/discussion/6166004/cst-law-parking-fine-letter/p1

To save us drowning in these cases, we really only want individual threads at actual court claim stage, please - and then we will assist individually when people show us their draft defences, by adapting the template defence from this forum.