CST Law/Smart Parking/DRP - Letter Before Claim - Got the ball rolling...

downtothebay

***mods could you please delete from incomplete duplicate post post 5 minutes before this one - big apologies for that***

Hello folks.

First post for me here, I have read what I can from the newbies and the CST / DRP discussion and I have begun to initialize my dispute with the information garnered. 

PCN from 17/11/21
Retail Shopping Centre
SmartParking LTD
Initial charge £100 reduced to £80 if paid on time.
Charge now: £170.

I have ignored every single letter that has come through my door since that dat (they are all the usual letters posted throughout the forum)

I couple of days ago I have received the LBC from CST Law on behalf of SmartParking LTD.

I have sent a complaint to the retail shopping centre but also appealing to their good nature.

I have received the SAR from Smart Parking already.

I propose to send the following email to CST Law but I was hoping on of you kind people could check over it and give it the go ahead.

*****************Re PCN Refs no: XXXXXXXX

Dear Sir or Madam,

  I write in relation to the above PCN reference numbers and in response to your recent ‘Letter Before Claim’.

Please note I am seeking debt advice but I deny any debt and the case must be put ‘on hold’ for not less than 30 days under the PAP for debt claims 2017. Please respond to confirm this.

I have submitted a Subject Access Request (SAR) to your client as I have insufficient information to date.

On this ticket you have falsely added an additional £70 charge which is unlawful and exceeds the £100 ATA CoP ceiling which is disallowed under the CPRs, the Beavis case, the POFA and the CRA.

Please explain your legal authority to increase this ticket price by £70.

This is simply an abuse of process.

Please let me know when this ‘claim’ has been discontinued, given its unlawful precedence.

I will be complaining to the SRA and FCA as you are purporting to be sending a letter before claim, acting on behalf of an entity that I have no contract with. Along with this I require a copy of any contract you think I have with Debt Recovery Plus.  

I will be making a formal complaint to my local MP leader Mick Whitley.  

Please take note that your claim goes against the ruling of the Supreme court, POFA2012 and the double recovery rules of the County Court.  Therefore this can only be deemed as Abuse of Process and as such your claim is unreliable and if you proceed further, I will ask the court to strike out your clam as Abuse of Process.

I will show your Letter before Claim in court together with this letter. You are of course at liberty to respond to me giving your legal authority to add such amounts.

My costs schedule will be presented to the court.

Yours faithfully**********

I'm sorry if this message is posted in the wrong section, new here and I came to the conclusion this is the correct way of asking for advice.

If you need any further information please do ask.

Many many many thanks in advance.

Coupon-mad

Main thing is the retail park managing agents complaint.

I'd get rid of this:

"Please explain your legal authority to increase this ticket price by £70.

This is simply an abuse of process.

Please let me know when this ‘claim’ has been discontinued, given its unlawful precedence."

downtothebay

Thank you Coupon-mad - much appreciated.

ill get it sent with this removed and ill post any further updates here. 

What do you think the outcome will be here? Should i expect them to take it to court? I'm in the UK and its for a single PCN. 

Coupon-mad

CST Law letters rarely lead to a claim and they are from the same stable as DRPlus (Bristow & Sutor) so this is probably all just hot air.

Hence a good time to get it cancelled by the agents who run the retail park - usually dead easy.

patient_dream

You have read the CST Law thread so you already know they are simply a big joke and bed fellows with the circus clowns that call themselves DRP

You will also know that the fake add-on is a BPA invention designed to extort money from the motorist.

As said, ask them for their LEGAL AUTHORITY to add the fake.

So far, CST Law have never answered that question because they can't and they certainly cannot explain to a judge why they are scamming you ?

Smart parking are one of the dregs in the parking industry and all these sad boys club together to scam.   No surprise that they all members of the disillusioned BPA

Get the landowner/retailer to cancel this rubbish

Grizebeck

This is not a real letter before claim

downtothebay

Thank you all for the responses - they have made me feel confident in the fact these clowns are just trying to scam me and this is going no where. 

 I have sent the aforementioned email to CST Law and have made a complaint to the shopping park centre management.

I’ll update with any replies as and when. 

downtothebay

Sorry to clog up an already busy feed of threads but a week has passed and I have received no response from this clown mob of a law firm (CST LAW).

I suspect, from the very limited list of CST Law replies in regards to the added on fines, that they won't reply. 

Is my thinking correct?

KeithP

I'm not sure that anyone other than CST Law can answer your question.

And it is less than a week since you sent that email, isn't it?
I don't know of any law firm that moves fast - especially in response to a letter not containing money. 

downtothebay

Well I sent it on the 25th July so yeah, I’m cutting it fine 

Ah well, will just wait and see 😌

patient_dream

downtothebay said:

Well I sent it on the 25th July so yeah, I’m cutting it fine 

Ah well, will just wait and see 😌

Yes, just wait. If CST can provide a suitable answer, we can frame it because it will be a first