CST Law case - Judgement made

Coupon-mad

I wouldn't get sidetracked with talking about signs at this stage, as that hands them a lifeline, something tangible to respond to.

Just put exactly what I said - only change you to 'I'.  No more and no less.

lurpdog101

Coupon-mad said:

I wouldn't get sidetracked with talking about signs at this stage, as that hands them a lifeline, something tangible to respond to.

Just put exactly what I said - only change you to 'I'.  No more and no less.

Sorry to disturb Coupon-Mad, this is what I am sending, please let me know if this is ok. They did send the forms to say I dispute it, accept part of it etc, which I have only had before when a court sends it, not the actual company. (Had a CCJ once, a few years back, that got nullified, for water bill)….obviously I’ve ** out the reference numbers and names etc on this site 

Dear Sir/Madam,

I am responding in reference to the 2 Letters before Claim received on the 13th June 2022 

Your Reference: ******* and *******

If you believe your client has a case, then I this needs to be filed as one claim. I do not acknowledge those under Ref ******* as I only ever received 3 PCNs from your client, which I believe you have put under Ref *******

I also respond to the letter from your client to say that it was untrue of them to state that I “Failed to provide a single piece of evidence of disability” when in fact I provided a copy of the blue badge and my wife’s PIP award. Once again, I attach copies of these. My wife suffers from several conditions brought on from long term bladder illnesses, which resulted in her bladder being removed. She suffers constant debilitating infections, which severely limit her ability to walk and during this time was awaiting surgery cancelled due to Covid, which she undertook in March this year and will now require repeat surgery every 6 months for 2 years. Couple this with fibromyalgia and a B12 pernicious anaemia , which can leave her forgetful and unable to focus or concentrate for long periods and leads her to forget some things.

I would kindly request that you revisit this entire series of events with your clients and cancel all PCNs immediately. If you file a court claim, I will be filing a counterclaim for compensation for the severe distress arising from disability discrimination and specific breaches of the Equality Act 2010. This entire situation and the dozens of harassing letters sent by your clients has caused my wife extreme stress, with her unable to sleep and left in tears as a result of this ongoing harassment. It has left myself broken, as I am a single income provider in the family, and all this added stress has left me in severe depression and anxiety. The distress and effect on my sleep and peace of mind is massive and will be used in support of the counterclaim.

Yours Sincerely,

Fruitcake

This needs correcting,

"... then I this needs to be filed as one claim,"

I can't see where you have mentioned the other PCNs. They should not be keeping them in the back pocket to spring on you at a later date. You should look up, and refer to, "cause for action estoppel", or just "estoppel".

I wouldn't use the term, "kindly request". I would either say request, or require.

lurpdog101

Fruitcake said:

This needs correcting,

"... then I this needs to be filed as one claim,"

I can't see where you have mentioned the other PCNs. They should not be keeping them in the back pocket to spring on you at a later date. You should look up, and refer to, "cause for action estoppel", or just "estoppel".

I wouldn't use the term, "kindly request". I would either say request, or require.

Thanks - after I had the solicitor letter, I went back through every single DCA letter and found that a lot of them were referencing the other 5. As I have only ever received 3 original PCNs (with the photo etc) I had assumed all the chase up letters were due to those, so just filed them away. So that was my error for not being vigilant, however there is no way I had 5 PCNs sent to me on top of the 3 I tried to appeal….I mean why would I appeal 3 but not the 5 that allegedly came before?

Coupon-mad

I think your letter is absolutely fine. Attach the blue badge and PIP letter scan.  It may be enough to stop this but if not, we will support you to win a defended claim.  You can do this!

And don't disappear from the forum please. The coming weeks are vital. 

Come back regularly this Summer to check when the final Govt Public Consultation opens, discussed here:
https://forums.moneysavingexpert.com/discussion/6345732/secure-parking-solutions-ntk/p6

You and your wife are encouraged by us (and your friends & family too) to do separate responses from the heart, to the Government Consultation when it opens soon, this Summer.

Keep checking back here on the forum because we will be all over it. We need all posters to join us.

lurpdog101

Letter has been sent signed for, so I will have proof of when they received. Fingers crossed. I doubt it will work, but will keep you informed.

Fruitcake

The advice is never to send anything signed for as they could refuse to sign and then have proof they never received it, which is the exact opposite of what you want.
Of course, they may sign for it, but personally I wouldn't take the risk.

I suggest you send it again, first class from a Post Office counter, and obtain the all important free proof of posting.

lurpdog101

But I don’t see the point in that - with registered, it shows that it was delivered. Proof of postage….they could just say they never received it anyway. Which is my argument on the 5 PCNs as I literally never received them. If they refuse to sign it, it will show that too, in which case surely that goes in my favour showing they were unwilling to accept.

KeithP

lurpdog101 said:

But I don’t see the point in that - with registered, it shows that it was delivered. Proof of postage….they could just say they never received it anyway. Which is my argument on the 5 PCNs as I literally never received them. If they refuse to sign it, it will show that too, in which case surely that goes in my favour showing they were unwilling to accept.

You are missing the point that first class post is deemed delivered, no matter what the recipient says, two working days following the date of posting and with a free Certificate of Posting from the Post Office Counter, you will have proof of the date of posting.

lurpdog101

Ah got it. Doesn’t help my argument against them for not receiving them as they say they’ll have proof of it leaving their office, which is what they put on their declining my appeal…..however it’s moot, as it has been delivered and signed for just now