Advice on CST Law “Letter Before Claim” - Scotland

Le_Kirk

I would reply and tell
Dear CST to You must delete your my data or provide evidence as to who was driving, and why they you think that Smart can charge £170 per PCN PLUS £90 on top, when the Late Payment regs do not apply to consumer contracts and the parking charge itself must already include all costs of the operation (confirmed by the ParkingEye v Beavis case at 98, 193 and 198). 
And ParkingEye v Somerfield [2012] EWCA Civ 1338 confirmed that debt recovery/admin sums can't be added to a parking charge, and the POFA doesn't apply in NI Scotland so as registered keeper you I are am not liable and in the absence of evidence, have no idea who was driving.  Therefore the only excuse that Smart had to obtain your data from the DVLA (to invite you to name the driver) has disappeared and is no longer a valid reason to keep processing keeper data and pretending that the keeper owes money. 
As such, the case must be returned to Smart Parking and they must cancel it because there is no lawful reason to pursue you in NI and no justification to continue to write to you or share the data with CST.  If CST and/or Smart refuse to cancel the case and insist on continuing to write to the keeper when the POFA has no application in NI, you will complain about both companies to the ICO and will also report CST to the SRA and FCA for breaches of their standards.

But I would change it so that it reads like it came from you not as an instruction to you, make the changes as above all the way through the letter to them.