Could do with some advice re: CST LAW ‘Unpaid Debt’

Priconbanham

I thought I would upload the notice…

Coupon-mad

I'd reply by email, with:



Dear Sirs, 

ref:  PCN ref xxxxxxxxx Smart Parking

I'm the registered keeper of VRM xxxxxx and was alarmed to receive a generic template demand from you.

There is no unpaid 'debt' and you should be aware that Smart Parking have never used Schedule 4 of the POFA 2012 and cannot transfer liability from drivers to keepers.

Moreover, neither Debt Recovery Plus nor yourselves can add £70 on top.  Just stop.  Cease and desist.  This matter is disputed on valid grounds.

As such, you must pass the file back to the originating parking firm.  Stop harassing me for a purported parking charge that a registered keeper cannot be held liable for, under any rule of law and certainly not by presumption.

As you are aware, the Government has banned the false 'debt recovery costs' noting that these were never actually incurred because the 'private parking DRAs' were operating free of charge for the parking industry, until the 'fixed late fee' scam was stopped this February.

In his Ministerial Foreword, DLUHC's Neil O'Brien talks of "aggressive debt collection and unreasonable fees designed to extort money from motorists":  
https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

Under 'Escalation of costs' the statutory Code states: "The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued."

Whilst the Code of Practice is not retrospective, there cannot be a clearer steer for the courts than the fact that the DLUHC has declared the false added fixed fees to have been "designed to extort money from motorists".

Moreover, it is my position that any parking roboclaim legal firm which now issues a claim enhanced by the false 'debt recovery' costs - despite knowing that the DLUHC has banned them and declared this element to be 'extortion' - cannot possibly be acting in good faith.

As such, if the parking firm does now proceed to issue a claim enhanced by the (known to be false) £70 'fees', or if you write to me demanding this sum again, I will report you to the Solicitors' Regulatory Authority for breach of the STaRs: failing to act with 'honesty & integrity' or in a way which upholds public trust and confidence:

https://www.sra.org.uk/solicitors/standards-regulations/principles/

You have also failed to send a compliant letter before claim and are attempting to mislead a registered keeper about liability.  Your shoddy letter fails to meet CSA and SRA standards and is designed to extort money and to frighten and intimidate me, with dire consequences of CCJs as well as the exaggerated quantum.

Your random threatogram is not a Letter Before Claim and your so-called client is not the parking firm potential Claimant, but a third party: DRP.  They have no cause of action, nor a legal department.  There is no valid reason for DRP or yourselves to be writing to me at all.  The driver will not be named because I have no wish to inflict them with your rubbish.

Be on notice that I will counterclaim for a three figure sum for damages for distress caused by harassment and data abuse, should your clients' clients (the parking firm) now try a claim.

yours faithfully

Priconbanham

@Coupon-mad that is an impressive response! Thank you so much. 🙌🏼

I have contacted the local MP and I am still trying desperately to find out who owns the land so I can put a stop to this. I will update when I have news! 

patient_dream

THE LETTER TO IDIOTS

Coupon-mad is 100% correct, it's the only way to deal with these fools and scammers

CST Law as we know are telling you a direct lie ..... DRP cannot instruct them ..... and they are just another money scammer 

WHAT I WOULD DO.
1: Send the letter to CST Law with a copy to the SRA
2 Send the letter to Mr Neil O'Brien MP at the DLUHC and again, a copy to the SRA

This proves to government that they are 100% correct to BAN these fake charges and all the bluster from the BPA IS WRONG

CSTLaw, DRP and Smart are BPA members and it beggars belief that they allow their members to send out such rubbish

No wonder the BPA are now in panic mode

Priconbanham

Morning, 

This morning I have been to the Waterglade and spoke to Morrisons to try and get details of the landowner (or even be released from the parking fine). Two men came to the front of the store to speak to me and assured me there is no parking scam going on and that I need to get the contact details from the two small signs in the carpark and pay Smart Parking the debt. They have copies of other peoples reminder notices and letters to the companies to refer to so this is not something they are strangers to. They refused to hear anything about a scam and supported Smart parking, DRP and CST Law in their actions as the rules are there to be followed. I left there feeling deflated.

I then proceeded to take pictures of the two small signs in the carpark for my own evidence. It was at this point that I was approached by an elderly man who asked if I was trying to fight a parking fine. I explained my case and he said he had also received one, even though he lives locally ad shops there weekly. But more shockingly his elderly, disabled friend had also received one and there is no way she can carry out her shopping in that time frame. He applauded me in fighting the fine. 

Following this I went to Next and spoke to the staff, who were very supportive and could also give examples of people they know who have been effected. A customer also started telling me about her fine as her phone had died as she had sat in Costa for a drink and had list track of time. The staff advised me to go to the council office and speak to them. 

Unfortunately the council office had replied saying they could not help as I do not live in the Clacton district any more, and have referred me to my own local MP, Bernard Jenkins. I have forwarded an email to him.

I have also contacted CST Law after searching high and low for a contact email. Their website only provides a form to fill in and this needs to be completed with a reference number, which I do not have (it was left v
blank on the letter)! I asked for the details of someone who I could contact regarding my case. The reply from CST Law was to ask for a copy of the letter they have sent me (surely they should have this on file?). I am not sure if I should have sent them a copy, but I did. Strangely they replied on a Sunday of all days, saying that my account details have now been updated and DRP will be in contact with me shortly.

I have replied to CST Law stating that I do not need to contact DRP, I have asked for a point of contact at CST Law (so I can send the response @Coupon-mad has suggested).

Priconbanham

patient_dream said:

THE LETTER TO IDIOTS

Coupon-mad is 100% correct, it's the only way to deal with these fools and scammers

CST Law as we know are telling you a direct lie ..... DRP cannot instruct them ..... and they are just another money scammer 

WHAT I WOULD DO.
1: Send the letter to CST Law with a copy to the SRA
2 Send the letter to Mr Neil O'Brien MP at the DLUHC and again, a copy to the SRA

This proves to government that they are 100% correct to BAN these fake charges and all the bluster from the BPA IS WRONG

CSTLaw, DRP and Smart are BPA members and it beggars belief that they allow their members to send out such rubbish

No wonder the BPA are now in panic mode

Hi @patient_dream

Thanks so much for your reply!

I am just about to send the response (that @Coupon-mad has written above) to CST Law and the SRA, once I get the contact emails for both points confirmed.

In your second point you mention “Send the letter to Mr Neil O'Brien MP at the DLUHC and again, a copy to the SRA” is this a different type of letter I should send? 

I have emailed Bernard Jenkins, my own local MP, as advised my the local council office. The email I have sent him is by no means technical, it is just my own version of events. I am not very confident with the legal side of everything and I am merely fumbling my way through everything. 

Thank you for your patience and ongoing help!

patient_dream

Priconbanham said:

patient_dream said:

THE LETTER TO IDIOTS

Coupon-mad is 100% correct, it's the only way to deal with these fools and scammers

CST Law as we know are telling you a direct lie ..... DRP cannot instruct them ..... and they are just another money scammer 

WHAT I WOULD DO.
1: Send the letter to CST Law with a copy to the SRA
2 Send the letter to Mr Neil O'Brien MP at the DLUHC and again, a copy to the SRA

This proves to government that they are 100% correct to BAN these fake charges and all the bluster from the BPA IS WRONG

CSTLaw, DRP and Smart are BPA members and it beggars belief that they allow their members to send out such rubbish

No wonder the BPA are now in panic mode

Hi @patient_dream

Thanks so much for your reply!

I am just about to send the response (that @Coupon-mad has written above) to CST Law and the SRA, once I get the contact emails for both points confirmed.

In your second point you mention “Send the letter to Mr Neil O'Brien MP at the DLUHC and again, a copy to the SRA” is this a different type of letter I should send? 

I have emailed Bernard Jenkins, my own local MP, as advised my the local council office. The email I have sent him is by no means technical, it is just my own version of events. I am not very confident with the legal side of everything and I am merely fumbling my way through everything. 

Thank you for your patience and ongoing help!

The copy letter to the DLUHC is the scam CSTLAW letter and via email.
With a copy to the SRA means this is a very situation for CST.
Of course your MP can do the same for you

AND, for your MP to fully understand, here is a video in the house of commons at the start of the new code of practice.  You will see that Pete Wishart SNP MP makes it very clear about SMART Parking and states that the BPA are incapable of dealing with them.

If the DLUHC need more proof, the CSTLaw letter confirms that this rogue trader industry must be scuppered despite all the bleating from the BPA

https://www.youtube.com/watch?v=XwfnFAfkvDo

Priconbanham

CST Law have tried to redirect my correspondence twice today by asking me to wait for a response from DRP.

Apparently my account is ‘prior to legal action commencing’ so they, (CST Law), don’t want/need to speak to me currently even though they sent me a letter demanding I pay someone money.  

KeithP

@Priconbanham, I wonder what @Franticday thinks of you having taken over his thread?

patient_dream

Priconbanham said:

CST Law have tried to redirect my correspondence twice today by asking me to wait for a response from DRP.

Apparently my account is ‘prior to legal action commencing’ so they, (CST Law), don’t want/need to speak to me currently even though they sent me a letter demanding I pay someone money.  

Well, as Keith above says, this really is not your thread but it is CSTLaw after all and both are much the same.  so the advice will help you both.

If you get a real court claim then please start your own thread and you can reference back to this thread

so they, (CST Law), don’t want/need to speak to me ?

WOW ? that will impress a judge ... I THINK NOT ?

Sorry to say ... CST Law think you are a mug ..... which you are not, how does that grab you ?

They pretend that DRP ARE PART OF THIS RUBBISH but they actually know that DRP are just part of the cess pit of the parking industry

Apparently my account is ‘prior to legal action" ?

Can only be from Smart not from the cess pit .... who will CSTLaw choose ?    

CST Law trading as Credit Style was/is being investigated by the SRA FOR THEIR CONDUCT
You are right to complain to the SRA about the poor methods of CSTLaw