Smart Parking, Debt Recovery Plus, CST Law - all refusing to speak to me but threatening CCJ?!

redwhitetund

I'm asking here as confused as to what else I can do. I'll keep it as short as possible whilst still including relevant details.

I didn't find this forum until recently, so I've already moved past some of the steps and recommendations in the FAQs.

1. Received a debt collection agency (DCA) - Debt Recovery Plus - demand in August for failing to pay Smart Parking. As RK, I didn't receive a PCN on the windscreen nor through the post for an alleged offence in early February.

2. I contacted DCA who told me to speak with Smart Parking - no answer on the phone so wrote to SP via their appeals form online.

3. Appeal "rejected" due to case being with DCA.

4. Received a further letter from DCA demanding payment. Spoke to them again, advised again to speak with SP. Sent SP message via contact form - no response.

5. Received a letter from CST Law suggesting I make payment by mid-October to the DCA.

My understanding is that I can't lodge an appeal with POPLA, due to not having an appeal rejection code. SP are ignoring my contact. DCA won't speak to me.

My better half is somewhat frustrated and annoyed by all of this (we have enough stress right now, this isn't needed at all!). Any ideas what I'm meant to do now?? Total amount outstanding is nearly £200, which I suspect has some of the DCA fees included... but at the same time, I've only just cleared my credit report and don't need or want this when things have been going so well..!

I should add - I have evidence (smartphone map tracking) that I was driving for a further 15/20-minutes after the time the alleged parking infringement started.

Thanks in advance for any help/guidance.

nosferatu1001

Have you read the newbies thread? It is the obvious starting point

There is no way this will hit yoru credit report unless you get taken to corut and you lose. 

redwhitetund

nosferatu1001 said:

Have you read the newbies thread? It is the obvious starting point

There is no way this will hit yoru credit report unless you get taken to corut and you lose. 

Yes, I read the Newbies thread. I can't see anything other than undertaking a SAR and requesting proof of contract between myself and the DCA in order for CST Law to execute the demand request.... but for fear that this is nothing more than delay tactics.

One of my other concerns is that there may have already an inadvertent acceptance of liability. The argument over failing to meet 14-day deadline was used in the original appeal which was outright dismissed because the paperwork had already been handed over to the DCA.

Redx

You mean between yourself and the claimant parking company , nothing to do with the DCA or CST law because you have no contract with them , the claimant may have one , as no win no fee

The keeper has no liability if the claimant failed POFA , the law !!
Smart parking do not comply with that law , they never do
Smart Parking have no idea who was driving , unless some fool blabs about it , don't be one

They can only threaten a court claim , not a CCJ

Meanwhile , email a SAR to the DPO at the PPC and attach a copy of the V5C as proof of I D under the GDPR law , or 2 recent redacted copies of utility bills , to flush out the paperwork , pictures and data

You owe nothing unless a judge says so , the judge determines that figure , not the DCA , not CST law , not the parking company either

The actual amount outstanding is still £100 , it ALWAYS was !!

If you lost in court , they can add from £75 to £100 to it , making a total of £200

It's not been to court , yet !

Read the CST letters thread

https://forums.moneysavingexpert.com/discussion/6166004/cst-letters-forum-group-thread/p1

BrownTrout

Why are you even speaking to the phone muppets @ drp

Timeouts

As said above, DRP are simply muppets, no difference to circus clowns and you don't owe them anything.

When it comes to CST, from what we keep seeing, they appear to have a total lack of understanding and are oblivious about the mess they are getting themselves in

READ THIS CAREFULLY

CST letters' forum group thread

https://forums.moneysavingexpert.com/discussion/6166004/cst-letters-forum-group-thread/p1

nosferatu1001

There is no acceptance of liabitly. Youre using weird terminology that implies you've listed to FMOTL nonsense and misinformation about debts. 

redwhitetund

nosferatu1001 said:

There is no acceptance of liabitly. Youre using weird terminology that implies you've listed to FMOTL nonsense and misinformation about debts. 

What part of what I've said is FMOTL terminology?

If you're referring to my "acceptance of liability", IIRC on the telephone to the DCA I may have said I was driving at the time, as well as provided a screenshot of the map showing I was driving, therefore the implication is that I was driving so I'm at fault - no?

redwhitetund

BrownTrout said:

Why are you even speaking to the phone muppets @ drp

Because I hadn't found this forum, first 😁

D_P_Dance

Total amount outstanding is nearly £200,

Nothing is outstanding until a judge says it is. Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to 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, and darfts have beenopened for publc consulatation,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, under new legislation 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/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

nosferatu1001

Acceptance of liabitioy is FMOTL nonsense
No, confriming you are driving does not mean you accept there was a contract in place, nor does it mean it was brought to your attention, or that the amount is chargeable, etc.