Letter Before Claim - CST Law & Smart Parking Limited

JayH97

patient_dream said:

JayH97 said:

patient_dream said:

JayH97 said:

JayH97 said:

Coupon-mad said:

Report this to the BPA, like I said.

I shall do, thanks for this.

I've had a reply back now from the BPA who have just said that they can't do much and haven't been entirely helpful. All I have received is a copy of a letter issued 36 days after the initial charge chasing payment, which I never received by post anyway. Smart Parking have said that there was a penalty fixed to my car (there wasn't and within the SAR request there's no images showing a charge fixed to the vehicle) so in this case I think I just wait it out for a REAL LBC and take it from there if one ever comes? There's absolutely zero evidence showing a parking notice was even issued within their deadline so I doubt they'll do much more than just chase me weekly

Of course the BPA can do something, they just can't be bothered. The impression is that the BPA are scared of their members

The BPA has already made their own noose ... it's just a matter of time now

Yep, very odd how they refuse to look into anything further than an initial email. The once it's clear there's no grounds for a charge they step back and wish you a good day! 

Just got to wait for the floor to drop out, I thought the government had done something about these parking firms a long time back but apparently was wrong!

The new code of practice is actually law but the parking industry and BPA had their feathers ruffled and so they requested a JR
This is only Temp and a new government consultation will be available soon which we will make certain that the masses know about.

Their objection
1: parking charges should remain at £100. The new code says £50
2: The fake debt collection add-on scam should be allowed.  IN THEIR DREAMS

The new consultation will be announced here and around the internet, so stick around as we need your input

How ridiculous that they are even fighting it to say that the fake debt collection and harassing with letters is justified! Laughable.

patient_dream

JayH97 said:

patient_dream said:

JayH97 said:

patient_dream said:

JayH97 said:

JayH97 said:

Coupon-mad said:

Report this to the BPA, like I said.

I shall do, thanks for this.

I've had a reply back now from the BPA who have just said that they can't do much and haven't been entirely helpful. All I have received is a copy of a letter issued 36 days after the initial charge chasing payment, which I never received by post anyway. Smart Parking have said that there was a penalty fixed to my car (there wasn't and within the SAR request there's no images showing a charge fixed to the vehicle) so in this case I think I just wait it out for a REAL LBC and take it from there if one ever comes? There's absolutely zero evidence showing a parking notice was even issued within their deadline so I doubt they'll do much more than just chase me weekly

Of course the BPA can do something, they just can't be bothered. The impression is that the BPA are scared of their members

The BPA has already made their own noose ... it's just a matter of time now

Yep, very odd how they refuse to look into anything further than an initial email. The once it's clear there's no grounds for a charge they step back and wish you a good day! 

Just got to wait for the floor to drop out, I thought the government had done something about these parking firms a long time back but apparently was wrong!

The new code of practice is actually law but the parking industry and BPA had their feathers ruffled and so they requested a JR
This is only Temp and a new government consultation will be available soon which we will make certain that the masses know about.

Their objection
1: parking charges should remain at £100. The new code says £50
2: The fake debt collection add-on scam should be allowed.  IN THEIR DREAMS

The new consultation will be announced here and around the internet, so stick around as we need your input

How ridiculous that they are even fighting it to say that the fake debt collection and harassing with letters is justified! Laughable.

It's an industry that works on the Kray Twins principal

Coupon-mad

JayH97 said:

patient_dream said:

JayH97 said:

patient_dream said:

JayH97 said:

JayH97 said:

Coupon-mad said:

Report this to the BPA, like I said.

I shall do, thanks for this.

I've had a reply back now from the BPA who have just said that they can't do much and haven't been entirely helpful. All I have received is a copy of a letter issued 36 days after the initial charge chasing payment, which I never received by post anyway. Smart Parking have said that there was a penalty fixed to my car (there wasn't and within the SAR request there's no images showing a charge fixed to the vehicle) so in this case I think I just wait it out for a REAL LBC and take it from there if one ever comes? There's absolutely zero evidence showing a parking notice was even issued within their deadline so I doubt they'll do much more than just chase me weekly

Of course the BPA can do something, they just can't be bothered. The impression is that the BPA are scared of their members

The BPA has already made their own noose ... it's just a matter of time now

Yep, very odd how they refuse to look into anything further than an initial email. The once it's clear there's no grounds for a charge they step back and wish you a good day! 

Just got to wait for the floor to drop out, I thought the government had done something about these parking firms a long time back but apparently was wrong!

The new code of practice is actually law but the parking industry and BPA had their feathers ruffled and so they requested a JR
This is only Temp and a new government consultation will be available soon which we will make certain that the masses know about.

Their objection
1: parking charges should remain at £100. The new code says £50
2: The fake debt collection add-on scam should be allowed.  IN THEIR DREAMS

The new consultation will be announced here and around the internet, so stick around as we need your input

How ridiculous that they are even fighting it to say that the fake debt collection and harassing with letters is justified! Laughable.

It would be laughable - but they have prospects of success or they wouldn't do it.

Never underestimate the power of money and the propensity of Government to make a wrong call AND the propensity of elderly, rich Judges to get the fairness of parking charges and the CCJ-incentivising fake 'add-ons' completely wrong.

We are not safe.  Not over the line.

And the Govt had to concede to the Judicial Reviews and backtrack to do an Impact Assessment and Public Consultation first (coming soon. once the new Ministers are in place and briefed).

 So, kicking the can down the road till they get lucky with a weak Minister seems to be working for them.

Why aren't you complaining back to the BPA that issuing a letter called a Notice to OWNER clearly breaches the BPA CoP in a really obvious way?

Was it OPS ex-employee Anne B who replied to you?

JayH97

Coupon-mad said:

JayH97 said:

patient_dream said:

JayH97 said:

patient_dream said:

JayH97 said:

JayH97 said:

Coupon-mad said:

Report this to the BPA, like I said.

I shall do, thanks for this.

I've had a reply back now from the BPA who have just said that they can't do much and haven't been entirely helpful. All I have received is a copy of a letter issued 36 days after the initial charge chasing payment, which I never received by post anyway. Smart Parking have said that there was a penalty fixed to my car (there wasn't and within the SAR request there's no images showing a charge fixed to the vehicle) so in this case I think I just wait it out for a REAL LBC and take it from there if one ever comes? There's absolutely zero evidence showing a parking notice was even issued within their deadline so I doubt they'll do much more than just chase me weekly

Of course the BPA can do something, they just can't be bothered. The impression is that the BPA are scared of their members

The BPA has already made their own noose ... it's just a matter of time now

Yep, very odd how they refuse to look into anything further than an initial email. The once it's clear there's no grounds for a charge they step back and wish you a good day! 

Just got to wait for the floor to drop out, I thought the government had done something about these parking firms a long time back but apparently was wrong!

The new code of practice is actually law but the parking industry and BPA had their feathers ruffled and so they requested a JR
This is only Temp and a new government consultation will be available soon which we will make certain that the masses know about.

Their objection
1: parking charges should remain at £100. The new code says £50
2: The fake debt collection add-on scam should be allowed.  IN THEIR DREAMS

The new consultation will be announced here and around the internet, so stick around as we need your input

How ridiculous that they are even fighting it to say that the fake debt collection and harassing with letters is justified! Laughable.

It would be laughable - but they have prospects of success or they wouldn't do it.

Never underestimate the power of money and the propensity of Government to make a wrong call AND the propensity of elderly, rich Judges to get the fairness of parking charges and the CCJ-incentivising fake 'add-ons' completely wrong.

We are not safe.  Not over the line.

And the Govt had to concede to the Judicial Reviews and backtrack to do an Impact Assessment and Public Consultation first (coming soon. once the new Ministers are in place and briefed).

 So, kicking the can down the road till they get lucky with a weak Minister seems to be working for them.

Why aren't you complaining back to the BPA that issuing a letter called a Notice to OWNER clearly breaches the BPA CoP in a really obvious way?

Was it OPS ex-employee Anne B who replied to you?

Very true, there must be some method to the madness which makes it worth doing.  Sounds like a bit of coin toss as to whether the right thing will be done, but I guess that's just a matter of waiting and seeing.

I have gone back to the BPA and said the above regarding the notice to owner letter saying that it's a breach of their own code of practise and questioning why they now refuse to do anything about it.

Also it wasn't Anne B who replied, it was a Laura who had replied to my email.

Coupon-mad

Have you explained why they can't call it a NTO?  That's the point.

Sounds like a bit of coin toss as to whether the right thing will be done, but I guess that's just a matter of waiting and seeing.

No, it needs action.

Everyone here must be proactive and take part in the Govt Consultation.

For my part, I'm on the Govt Steering Group that shaped the new Code so I will  continue to rattle cages, as will the Motoring groups.

JayH97

Coupon-mad said:

Have you explained why they can't call it a NTO?  That's the point.

Sounds like a bit of coin toss as to whether the right thing will be done, but I guess that's just a matter of waiting and seeing.

No, it needs action.

Everyone here must be proactive and take part in the Govt Consultation.

For my part, I'm on the Govt Steering Group that shaped the new Code so I will  continue to rattle cages, as will the Motoring groups.

I actually didn't explain this, apologies for my ignorance but could you let me know why they can't call it this and I'll add it onto my complaint, or is there a section I can read and refer to in the CoP?

Also, if there's anything I can do in the slightest to help with the steering in the right direction, petitions or anything of the sort, let me know.

Coupon-mad

Read in the BPA CoP about the fact an AOS member 'must not impersonate a level of authority they don't have'.

Then read the currently stalled new DLUHC CoP, which has a list of 'banned words'.  Pretty sure NTO made it onto that list because NTO is a notice of a local authority penalty. A level of authority Smart Parking don't have!

As far what you can do to help, that's great to hear!  Your driving family and friends should take an hour out of their evening or weekend later this year to respond to the Public Consultation.  Date TBA but don't leave it to chance or you may miss it.

As discussed in the Announcement thread by MSE_JC at the top of this board. Read what we say there (NOT THE FIRST POST!) and Bookmark that thread, then set up email alerts on your profile.

Le_Kirk

There is no register of owners, in fact the registration document from the DVLA goes as far as to say that possession of the V5C and with your name on it is NOT proof of ownership!

Castle

Coupon-mad said:

Read in the BPA CoP about the fact an AOS member 'must not impersonate a level of authority they don't have'.

Then read the currently stalled new DLUHC CoP, which has a list of 'banned words'.  Pretty sure NTO made it onto that list because NTO is a notice of a local authority penalty. A level of authority Smart Parking don't have!

 It's under E2 of the proposed new code:-

Operators must also not use terminology likely to be read as a Penalty Charge Notice (e.g. Notice to Owner, Charge Certificate, Order for Recovery) or a Notice of Intended Prosecution (e.g. fixed charge).

Coupon-mad

Wonder who suggested that section?!