Letter Before Claim

zak290

Hi, 

I received two letters today from CST LAW dated 7th January Both 'Letter before Claim', First letter - £160 PCN April 2021. 2nd Letter £320 two PCN April/May £160 each. Claimant - Park Direct UK limited

Last year during April/May I had a family emergency due to covid for which I had to leave my home town and travel to a relative in order to care for them during their diagnoses which unfortunately led to bereavement. Before Leave, the estate inspector sympathised with my situation and advised to park my vehicle within the estate parking area on a disabled bay which no one uses whilst I am away and if there were to be any PCN he would get it cancelled. However when I returned I found 5 PCN on my car during those 2 weeks. I contacted the inspector who I found out left work and didn't make anyone in office aware of the arrangement. When I spoke to office they wasn't aware about it and refused to help. 

I ignored the PCN (I know I shouldnt have now). The letters for recovery were sent to my previous family address who didn't forward them to me until this urgent letter. 

Now I find myself in a situation where CST is threatening with legal action, They have also provided a information pack for debt advice and response letter to send within 30 days but it has already been 17 days. I currently do not have the funds to pay these 3 fines along with potentially another 2 as I lost my job last year due to pandemic and struggling to keep up with payments. 

Could you please advice if there is something I can do? I feel its very unfair Im being penalised for something I was assured I wouldn't. Im Hindsight I should have atleast taken a written record of the agreement with me and the former inspector to ensure I dont end up in this situation but this is where I am now and seek advice on how to proceed. 

Really appreciate any advice given

Coupon-mad

Yep, just read the LBC section of the NEWBIES thread and then at least ten CST Law threads.

You will soon be up to speed.  

D_P_Dance

They have added what appears to be an extra unlawful amount of £60 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/

zak290

Hi, 

As per previous advice for the LBC, I followed the guidelines on the newbies section and sent of a SAR to the claimant park direct who responded with all the Evidence and PCNS held on my file. 

I also sent an email to CST law in response to the LBC.

They have now sent me another LBC with a further 3 PCN's 

Could you please advice how to proceed?

Coupon-mad

Search the for for Henderson estoppel and find a thread also at LBC stage, where that specific retort wording about 'two claims' has been used.

Copy that as part of the reply, and amalgamate it with the recent LBC response example by @jabfish

patient_dream

And to add ...... CST (CREDIT STYLE) are up to their old tricks by adding fake amounts

There has been a parking ticket  for £160 and never will be .... CST LIE
They refer to the PAP ?   and yes all parties must be reasonable so why are CST trying to scam you by adding £60 per ticket ?

A serious question to ask and if it goes to court ask the judge as well.  In the new government code of practice, these fakes are banned. Another question for a judge

I have yet to see CST respond to this question because they cannot give any legal authority for their fakery

You should report them to the SRA for deception. Your MP can do this for you

zak290

Thank you for your help. I have responded to the LBC as instructed and mentioned about the two separate claims issued. 

Do I now wait for their response (which they have not responded to from the previous LBC) or start preparing a defence expecting a court claim?

Trainerman

I would start preparing. At least in terms of making sure that I understand the process and am comfortable with knowing what to do and when. All of that can be accessed through the Newbies.

I would also get familiar with the new template, and at least do a rough draft of the changes I need to make to paras 2 and 3        ( and possibly more).