CST Law LBC

xHarlanx

Hi

I originally posted this on the CST Law thread and was politely advised to start a new thread now that I have an LBC through the post.

I have read the newbies links after receiving a Letter Before Claim from CST Law on behalf of Smart Parking Ltd I have therefore sent an SAR to Smart Parking Ltd and also sent an email to CST Law advising them that I have made contact with Smart Parking Ltd with an SAR, both of which I have attached deleting as much private information as possible including anything that these companies could take from the attachment just in case they ever scan these sites as I would rather them not know who and what advising I am seeking. I also did the usual and advised CST Law that I am seeking debt advise so that they should give me no less than 30 days for this. Since sending the SAR, Smart Parking have asked for proof of who we are before sending the information, should I do this? They have asked for a utility bill or a V5C.

Unfortunately I am unable to find both PCN's / NTK's whatever they call them now days so I will be relying on the information sent as a result of the SAR for these. I am doing this on behalf of my wife and from recollection she entered a car park on two occasions, when both occasions she was unable to pay for a ticket as the machine was not working. She was in a curtesy car at the time as her car was being repaired and the first occasion after trying for 5 or 10 minutes to pay for a ticket dropped some clothes into the Salvation Army Clothing Bank that is there and then left. The second time again after trying for a while to get a ticket she left the car park and moved it into another car park adjacent. I believe both durations were for about 15 minutes. 

When I have read previously about these scammers I had always been advised to just ignore them. Unfortunately more recent advice now suggests to respond with various documentation and contact land owner etc which I never did I just always ignored. Now I have read more recent advise on here I have noted I should not ignore a letter before claim and hence my recent actions as described above. Please also note that I have tried to make contact with the land owner but there is no contact information on the net unfortunately.

I was hoping someone would be able to advise on anything else I should do and once I have a response with all information provided as a result of the SAR if then I could post on here for further advise in case it does go to court and my (my wifes) defense. I am kind of hoping that the time in the car park does not exceed the grace period and therefore would assume job done and game over? How would I contact my MP should I have to?

I believe the fines were £60 that increased to £100 then £70 on top of that, that I believed was either £70 from debt collector charge or £60 from debt collector charge and £10 CST law admin fee. I believe it was all £70 for debt collector though, maybe CST law have learned their lesson for including these fee's recently?

Anyway, in hope that this post reached the correct thread and that I am able to get a response and advice from your good selves.

Coupon-mad

 I believe it was all £70 for debt collector though, maybe CST law have learned their lesson for including these fee's recently?

I already answered you about that, of course they haven't!  And you are being chased for an extra £70 x 2 on that letter.

And yes, the PPC needs ID for a SAR because a person emailing could be anyone.

patient_dream

Thank you for starting your own thread,

I suggest you read the CST thread as further posts have been added.  Please do not reply on that thread but now respond on your own thread

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

 If you have further questions reply on this thread

xHarlanx

Hi guys

I have received various documents from Smart Parking as a result of the SAR. I will upload these in the next few days as unfortunately I am just having trouble with my PDF editor at the moment, but basically they sent the NTK's and one was a 20 minute stay and the other was an 11 minute stay. I did request a PTD record of the machine on the day but all I got was an excel sheet with our vehicle reg with its in and out times and none others. Assuming I should query this considering the reason why a fee wasn't paid was because the machine was not working and therefore could be that they do not want to send this as it could evidence the machine wasn't working?

Additionally, I didn't advise on here initially that the vehicle was a curtesy car whilst our car was being fixed. I read on the newbies re hire/leased vehicles but nothing on a curtesy car and therefore would this have any baring on the case?

As soon as I am able to edit the private information from the documents issued I will upload to this thread.

Many thanks for your continued support.

D_P_Dance

 then £70 on top of that, 

They have added what appears to be an extra unlawful amount of £140 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 Excel v Wilkinson.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/

patient_dream

Did you respond to the letter before claim ?

2 parking tickets they value at £170 each ?  More living in the clouds by CST
Who have they asked you to pay ?

Even Smart parking will know this is a fabrication because their tickets have a value of £100 or so they think.   
It is shameful that a legal who trades as Credit Style is allowed by the SRA to send out such rubbish

D_P_Dance

Perhaps a complaint to the SRA is in order?

https://www.sra.org.uk/consumers/problems/report-solicitor/ 

Coupon-mad

Such a shame to let it go this far by ignoring, which has not been the advice for nearly a decade.

Both would have been cancelled with one appeal email

KeithP

xHarlanx said:

I am doing this on behalf of my wife...

I was hoping someone would be able to advise on anything else I should do and once I have a response with all information provided as a result of the SAR if then I could post on here for further advise in case it does go to court and my (my wifes) defense.

As CST are chasing your wife for money, everything must be done in her name.

xHarlanx said:

When I have read previously about these scammers I had always been advised to just ignore them. Unfortunately more recent advice now suggests to respond with various documentation and contact land owner etc which I never did I just always ignored.

So from that it appears that the Smart Parking Ltd have no idea who was driving the vehicle - because you/your wife haven't told them. Is that right?

Do not tell anyone who was driving.

xHarlanx said:

Additionally, I didn't advise on here initially that the vehicle was a curtesy car whilst our car was being fixed. I read on the newbies re hire/leased vehicles but nothing on a curtesy car and therefore would this have any baring on the case?

Ah... new information. Very significant new information.

As a 'hire car' is involved, it is almost certain that that Smart Parking Ltd have failed to fulfil their obligations such that they can transfer any driver's liability to the keeper. In this situation, your wife is the keeper. 

Again... Do not tell anyone who was driving.

xHarlanx

patient_dream said:

Did you respond to the letter before claim ?

2 parking tickets they value at £170 each ?  More living in the clouds by CST
Who have they asked you to pay ?

Even Smart parking will know this is a fabrication because their tickets have a value of £100 or so they think.   
It is shameful that a legal who trades as Credit Style is allowed by the SRA to send out such rubbish

patient_dream said:

Did you respond to the letter before claim ?

2 parking tickets they value at £170 each ?  More living in the clouds by CST
Who have they asked you to pay ?

Even Smart parking will know this is a fabrication because their tickets have a value of £100 or so they think.   
It is shameful that a legal who trades as Credit Style is allowed by the SRA to send out such rubbish

Yes I responded to the letter before claim by issuing smart parking an SAR. also emails CST advising them i have sent an SAR and seeking debt advice.

They still say make payment to debt recovery.

xHarlanx

Coupon-mad said:

Such a shame to let it go this far by ignoring, which has not been the advice for nearly a decade.

Both would have been cancelled with one appeal email

Yes i am kicking myself here