CP Plus, DR Plus, CST Law 😞

0987ticketDebt

11.8.21 overstayed a private land car park at Wheatley hall road, Doncaster by 16 mins due to a lost bank card, my sisters who was travelling in her own car… 

No initial £60 parking charge by either of us received from CP Plus only a £100 charge each,  28 days later. This was appealed with written and signed confirmation from the stores aware of the lost card, with no success…. 

On 29.9 the debt increased to £170 and was passed onto Debt Recovery Plus… I tried without success to appeal again to no avail, even offered to pay the initial £60 fine (despite never having the opportunity to pay this via a parking charge letter) which they say is clearly my word against there’s! Despite receiving in total 3 letters when in fact I apparently ‘received’ 5. I  Felt bullied into paying on my second contact with them even in tears, but stood by my ground, despite them trying for my £170. 

DRPlus told I would be contacted by a solicitor in readiness for court proceedings, they indicated that the solicitor may refer my ‘fine’ back to CP Plus as to wether they would review the situation. 

Saturday 12th Feb I received a letter from CST Law, in Sheffield, albeit a 0208 number like DRPlus 

CSLaw: £170 unpaid debt reminder notice to be paid by 22.2.2022 

‘Our client has the right to commence court proceedings against you to recover the debt for a period of 6 years from the date of the parking fine’  

If you do not pay by 22nd feb please keep DRP updated as to your address to ensure that any court documents are correctly directed to you. This is vital as a county court judgement (CCJ) can have a serious effect on a persons credit rating…. 

2 paragraphs from the CST Law letter… 

I’m scared, worried and stressed out to the max with all this ….

Carol W

Umkomaas

This is a debt recovery letter which can be safely ignored - please read the NEWBIES FAQ Announcement, fourth post, which tells you how to deal with debt collectors. 

It's not to say that there won't be further contact from CST (or another solicitor like BW Legal, Gladstones, QDR, or DCB Legal) in the form of a Letter of Claim/Letter Before Claim, which shouldn't be ignored, but you're not there at the moment. Come back should you receive a letter headed as such. 

D_P_Dance

On 29.9 the debt increased to £170

No it did not, it is only a debt if a judge says so, read this and complain to your MP 

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 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 this,

"Abuse of process – the quantum

13. In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit XX-04). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."

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/