CST LAW Letter Before Claim - far too late to appeal to common sense?

TeddyRuxpin83

Hi all,

On Jan 28th 2021 I received a PCN from Parking Direct at ~9:30pm. £100.

The carpark has a flat fee of £5 from 7pm-9am and I actually *DID* pay this fee at ~10:30pm via the online app (the only way to do it) once I'd walked back to the location that I was visiting and dealt with an urgent personal situation. 

Yes, the PCN was issued before I had valid 'ticket' - however if I'd paid when I arrived at ~9pm, PD wouldn't have earned more money. In that sense, the company has been paid in full for my stay that night.

Does this make any difference to my situation, or is it far too late for all that?

Extra info: I've ignored all correspondence from PDUK and Debt Recovery Plus, partly due to the fact that it was being delivered to my parents house, (which is still my registered address, however I live in Cardiff most of the time) partly due to some bad advice from family ('just leave it, they won't do anything') and partly due to bad research on my part. I should have come here!

Fast-forward to today (Nov 10th) - I just happened to be visiting my parents and received a Letter Before Claim from CST Law (dated Nov 5th) for £160 (an extra £60). I'm reading the threads about CST Law and the number 2 post in the NEWBIES thread, and I understand that I shouldn't ignore this matter any longer. I suspect I need to follow the general instructions of sending a SAR to Parking Direct, as well as some form of reply to CSL Law (not exactly sure what to do here, I'm still reading/learning about that).

Thanks

Ted

D_P_Dance

...   received a Letter Before Claim from CST Law (dated Nov 5th) for £160 (an extra £60).

Haveyou read the newbies?  

They have added what appears to be an extra unlawful amount f f £60 for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

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%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

IMO you should encourage them to take you to court, I caaniot seeing them winning this.  

patient_dream

Get a nice stiff drink and enjoy reading the following thread about CST

They have added a fake amount of £60 ..... when was the ticket dated ?

ENJOY

CST letters' forum group thread

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

TeddyRuxpin83

Hi both, thanks so much for your replies. I know you see 500 of these a day....

The initial PCN was dated 28th Jan 2021. I'm aware that the extra £60 is (apparently) illegal.

I guess I was just wondering if there was a way to get this dismissed given that I did actually pay for that night's parking - the whole thing is ridiculous. Long shot I know.

I'm trying to avoid the court really, I don't want to waste a day + all the prep. Instead of working today, I've already spent so much time reading these threads and I'm barely scratching the surface!

Anyway, I'll continue reading but appreciate any advice specific to my situation.

Thanks,

Teddy

TeddyRuxpin83

I should add that an interesting difference to the posts so far that I'v seen in the CST thread, is that CST are saying that they've been instructed by Park Direct UK, and not Debt Recovery Plus.

patient_dream

TeddyRuxpin83 said:

I should add that an interesting difference to the posts so far that I'v seen in the CST thread, is that CST are saying that they've been instructed by Park Direct UK, and not Debt Recovery Plus.

That's because CST did not understand that DRP cannot instruct them. Took a while for the penny to drop

Coupon-mad

OK so just do what the NEWBIES thread says for LBC stage but when you deny the debt, explain why (and include evidence) because a Judge will prefer you to have tried to narrow the issues and resolve the dispute.   Helps you hugely later on.

TeddyRuxpin83

Thanks for all the advice. I'm only just able to get around to this now and trying to get my head around everything as a newbie. I'm finding it all quite confusing.

I'm using the template for the SAR and will send it to Park Direct.

I realise that I also need to write to CST Law, I'm still looking for some kind of a template for that. However - when I reply and deny the debt, doesn't adding the fact that I paid for the parking (but a little late) mean that I admit that I was the driver and therefore liable? Or are we way past that point?!

I also wanted to highlight to them that I know that the £60 they've added is not legal.

I don't want this to go to court. It's all been a huge waste of time.

Thanks!

P.S. I just did some calculations and realised that I have paid £677 since Sept 2021 to park in this location via the JustPark app... including £5 to cover the 'night in question'. It's actually less than I thought to be honest, but it still makes me feel sick!

D_P_Dance

If you paid for the parking a judge is likely to find for you.  Do not be afraid of court, it is very civilised, watch this

https://www.bvrla.co.uk/uploads/assets/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf

Hve you complained to your MP

Coupon-mad

There is no template.  You just compose an email starting 'Dear sirs' and ending 'yours faithfully' (NOT 'hi' nor 'regards').

 I told you what to say to the solicitor already and you don't need a silly template.  We hate them.  

TeddyRuxpin83

I haven't complained to my MP yet, no. Not quite 'there yet'!

Thanks for the document attachment - is there something specific in there that I should be looking at?

I did pay for parking at around 10:30pm, but the ticket was issued at about 9:30pm. However, it's a flat fee, so no loss of income for the company.