CST Law case - Judgement made

95Rollers

I noticed you said the signs had only just been changed.   I would advise you to go on Google Street View and get pictures of how the car park used to be as close to the date of these charges were issued.

Also I noticed you said your wife said she couldn't get out of the car due to narrow bays. This suggests the carpark was busy - so those small signs along the wall possibly wouldn't be viewable if blocked by Parked vehicles.  See if you can get photos off Google Street View or in person when it's busy to prove this! Poor/ obscured signage is a common and valid line of defence. I mean how the hell can you enter or agree/refute a contract when you can't even see it or are aware of it's existence! So proactively pursue this task!

Also the text isn't certainly readable to a driver in their car - certainly less so if they suffer disabilities. 

I would check their ATAs (IPC or BPA) codes of practice on signage- text size, positioning and information.  See if there is anything regarding notice periods for the taking over of a carpark site!

I think you have a strong case.  

What about reaching out to Helen Dolphin's parking organisation as well. People's Parking- they've managed to get various companies to quash unfair PCNs to drivers with disabilities.  They seem to have clout with certain parking companies. I've not heard of this outfit until now. 

Also read up on the Equality Act.  Have reasonable adjustments been made for disabled drivers? I'd suggest not based on the signage positions and narrow bays.

lurpdog101

Hello
just an update. I am waiting for MP to get back to me, however after months of nothing, I received 2 letters from “CST Law” today, both titled “letter before claim” 

2 letters - one for £460 which is what the debt company decided I owed after getting it allegedly from parking company who wanted `£300.

The 2nd letter was for £800 citing 5 or 6 dates for which I have not once been contacted about before!! I never even received a letter from the parking company for those dates, so I have absolutely NO idea where this has come from, except the complete and utter made up minds of these illegal harassers. 

Coupon-mad

Right...but your SAR you asked for (if following what the 2nd post of the NEWBIES thread says to do first) will have revealed them all already.

lurpdog101

Coupon-mad said:

Right...but your SAR you asked for (if following what the 2nd post of the NEWBIES thread says to do first) will have revealed them all already.

Nope.  I have checked through all of the 37 letters they’ve sent. I have only ever been asked for PCNs on 3 particular dates. Not once have any of these other dates come up until this solicitor letter and one from this law firm citing only £800 they sent in January (which did not specify any dates nor PCN numbers)…which was sent a week before the car parking company once again sent a letter asking £300 for the 3 dates they have only ever mentioned

Coupon-mad

Reply to CST Law telling them the SAR from this PPC only declared x PCNs so why are they sending two LBCs including one for £800 which relates to no known parking charges and appears to be a figment of their imagination?

Ask for a copy if every single photo and every single PCN, NTK and letter they and their client can locate, and to explain why these were not included in the SAR, and why they are attempting to start two separate claims which is an abuse of the court process.

Unless the £800 is for a different PPC?

lurpdog101

Coupon-mad said:

Reply to CST Law telling them the SAR from this PPC only declared x PCNs so why are they sending two LBCs including one for £800 which relates to no known parking charges and appears to be a figment of their imagination?

Ask for a copy if every single photo and every single PCN, NTK and letter they and their client can locate, and to explain why these were not included in the SAR, and why they are attempting to start two separate claims which is an abuse of the court process.

Unless the £800 is for a different PPC?

Thanks - having re-read through the whole lot, it appears the £800 is for 5 PCNs issued prior to the 3 I have been talking about here. I have never received original PCNs for these…I mean, why would I appeal 3 of the later ones and not 5?? I have been back to the car park and when busy, the signs cannot be read, the words are too small and also some signs obscured with foliage. I did talk to a solicitor who advised to maybe offer to pay the initial £60/fine which was the discounted price on the 3 I appealed against and to request the SAR for the others citing I have never received them, yet as lot of the DCA letters relate to those as well (I just got confused as so many and as I had only received 3 PCNS assumed all for same one.

In my appeal denial from them, I re-read and one argument of mine was they all arrived same day not giving me a chance to learn….but they cited there, in small print, that I had a total of 8 “offences” which I did not see before. They also said I failed to provide a single piece of evidence of my wife’s disability…..I provided a copy of the blue badge and am sure a scan of driver Higher PIP award. I would have assumed that to go into detail of it with a private company would be in breach of data protection and disability discrimination. I will cite that in my reply to the letter before claim and say if the court wishes to see this evidence, then I will provide it in plentiful but until then, I would consider it unlawful to ask for intimate details.

So basically I am screwed. Solicitors said to offer £220 on the one they are demanding £480 for, as that amounts to the £60 early bird payment, IF I could afford to and IF I wanted to admit liability. 

Coupon-mad

I did talk to a solicitor who advised to maybe offer to pay the initial £60/fine.

That was wrong advice. They are not fines and you must not offer to settle.  We defend these cases every single day. A solicitor does not.

So basically I am screwed.

I have no words...except...no you really are not. Stop asking solicitors who never deal with parking claims.

lurpdog101

Coupon-mad said:

I did talk to a solicitor who advised to maybe offer to pay the initial £60/fine.

That was wrong advice. They are not fines and you must not offer to settle.  We defend these cases every single day. A solicitor does not.

So basically I am screwed.

I have no words...except...no you really are not. Stop asking solicitors who never deal with parking claims.

Thanks. So your advice then is the SARS from the newbie section still - send it to their solcitor in response to the letter before claim? I appreciate your words, as this whole situation has broken me, i am struggling as single income as it is, trying to keep roof over the family’s head without the need of these vampiric !!!!!!

Coupon-mad

No, just respond telling them to file one single claim (for ALL PCNs) if their client thinks they have a case but that it is untrue to state that you "failed to provide a single piece of evidence of disability".

Attach again, a copy of the blue badge and a scan of her Higher PIP award. You want any future Judge to see you went to every effort to resolve this.

Explain as much as you are comfortable with about her condition (you are wrong to withhold detail) and tell them the PCNs are all disability discrimination and you expect them to revisit this entire series of events with their clients and cancel all PCNs immediately.  If they file a court claim you will be filing a counterclaim for compensation for the severe distress arising from disability discrimination and specific breaches of the Equality Act 2010.

Tell them that this has not only caused enormous distress to your wife but that this whole situation has broken you.  The distress and effect on your sleep and peace if mind is massive and will be used in support of the counterclaim.

lurpdog101

Thanks - I will also re-take the photos to show no disabled parking, the signs are far too small to read unless stood in front. There is a large sign on the entrance gate, but that’s actually easily missed if you’re turning in as you wouldn’t automatically be looking at an open gate, more so concentrating on turning into the very tightly designed car park. There is a car park on the other end of the road we now use, where the signs are twice the size, clearly visible with black writing on white background, stating disabled free if in a designated bay with badge (which they have). The sign to say disabled must also pay in the one harrassing us is in small print on the signs I posted pics of earlier….only visible when stood next to it, pointless when disabled!