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

Coupon-mad

I actually checked my car's GPS tracker and realised that I actually turned up at the car park at ~7:35pm, and left the car at 7:55pm. I didn't pay until 10:55pm. Yep, flat fee of £5 from 7pm-9am.

Yes, I did pay before I left, at 10:55pm via the JustPark app 

(ticket was issues around 9:30pm if I recall), but it was not ANPR, it was a parking attendant's ticket. They visit the site once in the day, and once during the night shift. I left at 9am, where I found the parking ticket on my car.

Hang on, a windscreen ticket was timed that evening at 9.30pm but you paid by JustPark app from somewhere else, remotely, over an hour later?  The Claimant will say you knew about the PCN, returned to the car park and tried to avoid it by paying by JustPark app.  How will you explain that, with phone Google location showing you didn't walk back to the car park and knew nothing about the PCN until the next morning?  Do you have Google location on your phone?

I think your case is 50/50.  The PCN was issued correctly at the time, wasn't it?

TeddyRuxpin83

No, I'm afraid I don't have google location on my phone. Not turned on 24/7, anyway. 

Yes, I paid via the app from a location ~5-10mins walk away, where I regularly stay. I didn't know I had a ticket until the next morning upon returning to the car. 

Ignorant question: would it not be up to them to prove that I returned and saw the ticket? They DO have cameras at the site and will be able see that I didn't return to the car, if they really wanted to look...

Yes, at the time the PCN was issued correctly. Apologies if this wasn't clear from my initial/previous posts.

Thanks for getting back to me before I sent the email, even if it is with 'bad news'. If you think I don't have a leg to stand on in light of this, perhaps I should roll over and pay £160 now rather than £250+ later.

Coupon-mad

I would NEVER EVER say to pay £160 now. The industry is broken, greedy and not to be paid for debt recovery 'fees' that are illusory.

That is a rip off and even if you were ordered to pay in court it would be about £200 all told, not £260 because most Judges continue to disallow the false 'costs' as double recovery.

Ignorant question: would it not be up to them to prove that I returned and saw the ticket? They DO have cameras at the site and will be able see that I didn't return to the car, if they really wanted to look...

Yes and no.  There is still the issue:

Yes, at the time the PCN was issued correctly. 

TeddyRuxpin83

Also not in my favour is obviously the fact that I ignored the ticket + correspondence from PDUK and DRP, partly due to correspondence being sent to my parents house (my registered address, however I live elsewhere mostly), partly due to some bad advice and my own bad research/choices. As I said in my original post, I wish I'd come here first.

So, I'm all ears if anybody has any suggestions on how to amend my draft email or how to proceed in light of this, or if the message I drafted above should be sent. I only have until the 5th Dec, unfortunately. 

TeddyRuxpin83

Me again. Sorry to complicate matters, but I’m unclear on when I arrived at the site. This matters as if I arrived before 7pm, this ruins argument as in that case the £5 I paid was is not sufficient.

My car’s GPS tracker shows that I entered the car park at ~7:30pm, but personal messaging timestamps imply that the events took place an hour earlier. If so, I'm not sure why my GPS time would be an hour off (it is not now). It’s possible that the information from the SAR will clarify this if they if they show any photos of the time I entered the car park.

Coupon-mad

I’m unclear on when I arrived at the site. This matters as if I arrived before 7pm, this ruins argument as in that case the £5 I paid was is not sufficient.

Ask this to be proved, so you can narrow the issues.  Do not mention your GPS tracker at all.

TeddyRuxpin83

Please could you let me know exactly what I should ask to be proven? My entry time to the site? What issue am I trying to narrow down, exactly?

I won't mention the GPS tracker, but I'm unclear how that should be brought up - wouldn't my entry time be easily provable via security camera... and possibly/probably PDUK would 'prove' with their SAR?

The site has a barrier entrance that a security guard has to lift to get into the car park and (I assume) CCTV.

Should I add something to my last point, perhaps: "Finally, Park Direct UK can confirm a payment of £5 at 10:55pm 28/01/2021 to Park Direct via JustPark app (payment ID xxxx / xxxx). From 7pm-9am the Victoria Industrial Estate car park has a flat £5 fee."

Sorry, not looking for spoon-feeding, just very confused.

TeddyRuxpin83

Hi all,

It's the 4th Dec today and their letter was dated 5th Nov (although received later than that), so I have to reply today. Despite the complications I explained about the time I entered and it not being ANPR, I will simply have to send this reply in a couple of hours, if nobody has any further suggestions. Thanks again.

@Coupon-mad I didn't understand your last point so was unable to incorporate it.

Thanks,

Dear Sirs,

I am writing in regards to an LBC received from you, for PCN xxxxx (on 28/01/2021) for VRM: <my reg> at the Victoria Industrial Estate car park on behalf of your client Park Direct UK Limited. This email is to note that:

(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 while I seek debt advice. 

(b) I have sent your client Park Direct UK Limited a SAR

(c) You have added what appears to be an extra unlawful amount of £60 to the PCN. As you will be aware, judges have dismissed an entire claim because of this. I want to narrow the issues because the additional £60 is clearly double recovery.

Finally, Park Direct UK can confirm a payment of £5 at 10:55pm 28/01/2021 to Park Direct via JustPark app (payment ID xxxx / xxxx). From 7pm-9am the Victoria Industrial Estate car park has a flat £5 fee. Paying earlier was impossible due to personal emergency.

I can confirm an address for service of:

<my address>

Yours faithfully,

Nee2

TeddyRuxpin83 said:

Hi all,

It's the 4th Dec today and their letter was dated 5th Nov (although received later than that), so I have to reply today. Despite the complications I explained about the time I entered and it not being ANPR, I will simply have to send this reply in a couple of hours, if nobody has any further suggestions. Thanks again.

@Coupon-mad I didn't understand your last point so was unable to incorporate it.

Thanks,

Dear Sirs,

I am writing in regards to an LBC received from you, for PCN xxxxx (on 28/01/2021) for VRM: <my reg> at the Victoria Industrial Estate car park on behalf of your client Park Direct UK Limited. This email is to note that:

(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 while I seek debt advice. 

(b) I have sent your client Park Direct UK Limited a SAR

(c) You have added what appears to be an extra unlawful amount of £60 to the PCN. As you will be aware, judges have dismissed an entire claim because of this. I want to narrow the issues because the additional £60 is clearly double recovery.

Finally, Park Direct UK can confirm a payment of £5 at 10:55pm 28/01/2021 to Park Direct via JustPark app (payment ID xxxx / xxxx). From 7pm-9am the Victoria Industrial Estate car park has a flat £5 fee. Paying earlier was impossible due to personal emergency.

I can confirm an address for service of:

<my address>

Yours faithfully,

Hi @TEDDYRUKSPIN83 what was the outcome after all of this? Did CST Law ever come back to you? 

Le_Kirk

You are asking about an issue from over three years ago and @TeddyRuxpin83 has not been active on forum since October 2023; you might get a response if you send a DM using the envelope symbol at top right. OR you could read the NEWBIE sticky before starting your own thread.