Mitigating circumstances - what to do

Shazboli

I received a PCN from smart parking in Feb 2020. I was late back to my car as they indicated due to a medical issue - (I suffer occasionally with hemiplegic migraines which impact both my mobility and speech in the very short term and had one of these prior to returning to my car on the day in question). I appealed on this basis sending my appeal via mail on the 11th March (to be honest forgot all about it then as I am a front line worker and this little pandemic hit not long after!)
Next thing I know DRP and contacting me demanding cost of fine plus plus plus! I ignored these letters as per advice on here but have now had a letter before claim from CST Law along with response forms. My question is do I advise them of the mitigation or send the usual response re denying debt, requesting SAR etc? Also to be honest we are up to our eyes at the moment work wise and I am already really stressed and short of time - would it be better to just offer to pay the original £60 and be done with it? How likely are they to accept this? Currently asking for £185.
Also please don’t tell me off for starting a new thread - like I say I’m tired and stressed and just need some help.
Many thanks in advance. 

S

Redx

They won't accept a lower offer , they will use it against you

Ignore drpl , read the CST letters thread on here

They won't care about mitigation , the landowner may care  , plan A , which is what you should be doing and should have done all along

A loss in court is similar so no point paying up front

In the appeal did you tell Smart who was driving ?? ( Big mistake if you did )
Did Smart reject it and issue a popla code ?
Was an appeal submitted to Popla ?

In future come here for advice asap , before contacting anyone

Snakes_Belly

I had a similar situation to yourself. 

Migraine can be classed as a disability. It depends on how much it impacts on your ability to undertake day to day activities.  Problem is that many people perceive migraine as just a bad headache.  It actually presents like a stroke. 

Half_way

What happene when you complained to the landowner?

 The landowner complaint is an important step, who's car park was this?

Shazboli

I’m not sure who the land owner is or how to find out - could I request this as part of SAR info? 

Umkomaas

Shazboli said:

I’m not sure who the land owner is or how to find out - could I request this as part of SAR info? 

You can, but you won't get it. You are only entitled to personal data they hold about you and the VRM linked to your vehicle. 

D_P_Dance

A judge would certainly consider mitigation so encourage them either to cancel or take it to court where, imo, they are likely to struggle.  also, complain to your MP. 

Redx

Shazboli said:

I’m not sure who the land owner is or how to find out - could I request this as part of SAR info? 

Then use the usual methods

Ask around
Google it
Ask the council

Pay the Land Registry a small fee

You won't get it in a SAR reply

Snakes_Belly

Umkomaas said:

Shazboli said:

I’m not sure who the land owner is or how to find out - could I request this as part of SAR info? 

You can, but you won't get it. You are only entitled to personal data they hold about you and the VRM linked to your vehicle. 

Where is the car park? You can sometimes find out by who is paying the business rates.

D_P_Dance

I’m not sure who the land owner is or how to find out

Try googling "how to find a landowner"  

Coupon-mad

But the longer term answer is to bookmark the CST Law group thread and decide whether you have a real LBC there (30 days to reply)?  Even if so, I seem to recall even the first poster in July has not had a court claim. Read the entire thread, every post. You are not alone:

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

Are you in Scotland?

What happened when you complained to the retailer?  They can and most will cancel it in 2 seconds flat, whichever side of the border you are.