Parking charge notice at Pure Gym

D_P_Dance

... full payment of £170

They have added what appears to be an extra unlawful amount for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

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

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

KeithP

OK, so that is a debt collectors letter.

The fourth post on the NEWBIES thread tells you exactly how to deal with debt collectors letters.

marcusjcassidy1

Ok, so do you think they’ve tried to get some payment by moving it onto CST Law despite the fact that it is still at recovery phase? So advice at the moment is to sit on the letter for now, and don’t do anything yet until the letters change again? 

KeithP

marcusjcassidy1 said:

Ok, so do you think they’ve tried to get some payment by moving it onto CST Law despite the fact that it is still at recovery phase?

Yes of course. That's what this business is all about - intimidate people in the hope they pay up.

marcusjcassidy1 said:

So advice at the moment is to sit on the letter for now, and don’t do anything yet until the letters change again? 

That's what the fourth post of the NEWBIES thread says.
But you might want to get ahead of the game by reading the second post of the NEWBIES thread to find out what happens next.

Have you found the other thread @Coupon-mad mentioned this morning?
It was last posted on around midday today and is currently on the second page of the parking board.

Coupon-mad

That letter has bern shown numerous times on the CSTLaw group thread and you'd have been better reading that before uploading pics of a letter seen before.  You will always learn more from the resources on this forum, off your thread than on it.

marcusjcassidy1

So I have now received the LBC letter for two parking charges, each for £170. Reading through the CST Law it is now time to send the SAR to the DPO, does this go to smarter parking or somewhere else?

Thanks

KeithP

marcusjcassidy1 said:

So I have now received the LBC letter for two parking charges, each for £170. Reading through the CST Law it is now time to send the SAR to the DPO, does this go to smarter parking or somewhere else?

Thanks

Did you read this in the second post of the NEWBIES thread?...

marcusjcassidy1

Yes I’ve seen that, is there any specific data that I need to ask for or just keep it as general as the template on legal beagles? 

Umkomaas

marcusjcassidy1 said:

Yes I’ve seen that, is there any specific data that I need to ask for or just keep it as general as the template on legal beagles? 

You can only get data that contain your personal details and any that contains the VRM of your vehicle. So don't ask for things like copies of signage or the landowner contract, you're not entitled to them at this stage, and you won't get them. 

Go with the LegalBeagles template, but omit the bit about whether the PPC needs any more pieces of identification - that only gives them an opportunity to delay matters. Just send copies of your V5C (logbook) and a couple of redacted utility bills containing the keeper's name and address. 

marcusjcassidy1

Thank you I have now sent this. I believe I also need to email CST Law advising that I am seeking debt advice but deny any debt, to allow the case to be put on hold for 30 days?