CST Law letter

tuzuno

Good morning,
Firstly I would like to apologise if this has been covered (I've read all threads and recommended posts for newbies and on the subject) but I'm completely and absolutely lost and confused now so I am in need for someone to help me summarise what I need to refer myself to or what I should do if it's easier.
Background:
My partner received (registered keeper and owner) a letter from CST law on  December 22, 2023 asking for £170 without any information as to why but that it's a fine from Smart Parking ltd. No prior correspondence from them and our DVLA address has always been up to date! So my partner spoke to them trying to find out a bit more detail and all they could give him was date and where it was.
I got lost on 09/02/23 and stopped at holiday inn hotel to ask for directions. All in all a little over 10min interactions of me asking for directions with a 3 month old baby in the car, they didn't told me about the car park, signs were not visible displayed and I was absolutely distraught as my sat nav didn't work in an unfamiliar area.
So after reading some information on here, there was recommendation for getting in touch with the company that uses the car park hence I wrote to Holiday Inn explaining the above, which makes me believe that now I've shot us in the foot because they said they can't do anything about the ticket and have forwarded our information to see if Smart Parking can 'assist' or to provide us with the previous correspondence!!!! 
P.S. my partner told CTS law he wants to appeal but they said it's too late for that now. Can we actually appeal after 11 months if we just learned about it? And the letter attached is the only correspondence we've received so far.

Thank you so much for your understanding and help!

Kind Regards 

patient_dream

In a nutshell, just another debt collector letter to ignore adding a fake £70 which you do not owe

CST has still not got to grips with the Supreme court they mention

The Supreme Court ruled on a £85 parking charge saying the amount includes the operation of the scheme ...... CST as usual are misleading you  hoping you are a mug ....IGNORE, these bods are powerless as debt collectors

If you get a letter before claim from CST, come back here

troublemaker22

You can't appeal.  But that doesn't mean you have to pay because it isn't a "fine" as you've incorrectly described it.  It is a demand to pay a "parking charge" for breaching the terms of a contract allegedly entered into between Smart Parking Limited (SML) and the driver. As it isn't a fine, SML has no way to enforce its parking charge except by suing in the County Court and winning the case.  Even if you did shoot yourself in the foot by writing as you did to Holiday Inn, the wound is unlikely to be fatal.  You still have plenty of of room to deter SML from suing and to defeat them if they do sue - especially if they sue your partner who wasn't driving.  Please read the guidance on the NEWBIES thread and come back you need more help

tuzuno

troublemaker22 said:

You can't appeal.  But that doesn't mean you have to pay because it isn't a "fine" as you've incorrectly described it.  It is a demand to pay a "parking charge" for breaching the terms of a contract allegedly entered into between Smart Parking Limited (SML) and the driver. As it isn't a fine, SML has no way to enforce its parking charge except by suing in the County Court and winning the case.  Even if you did shoot yourself in the foot by writing as you did to Holiday Inn, the wound is unlikely to be fatal.  You still have plenty of of room to deter SML from suing and to defeat them if they do sue - especially if they sue your partner who wasn't driving.  Please read the guidance on the NEWBIES thread and come back you need more help

In all honesty I must have exceeded the 'grace period' by only a few min for a contract I wasn't aware of, do they even try cases as such to sue? Is your advice to not get in touch at all right now and wait to see if we receive any further correspondence or do I need to speak with someone? 

troublemaker22

Nobody should speak to anyone.  All communications should be in writing and should come from your partner as registered keeper and not from you as driver.  Precisely how and when the keeper should enter into correspondence could be affected by what you wrote to Holiday Inn.  So before any further wounds are self-inflicted, please show us what you wrote, redacting any personal information and reference number(s). But make it clear whether you included your name and address in the letter.

It may be a good thing if they do sue your partner as he is likely to have a rock solid defence and they will lose money on a hopeless case.  But that's a long way down the track. 

tuzuno

troublemaker22 said:

Nobody should speak to anyone.  All communications should be in writing and should come from your partner as registered keeper and not from you as driver.  Precisely how and when the keeper should enter into correspondence could be affected by what you wrote to Holiday Inn.  So before any further wounds are self-inflicted, please show us what you wrote, redacting any personal information and reference number(s). But make it clear whether you included your name and address in the letter.

It may be a good thing if they do sue your partner as he is likely to have a rock solid defence and they will lose money on a hopeless case.  But that's a long way down the track. 

This is the only communication in writing which was not direct with SML but I don't know what the hotel has forwarded as information. Sadly it did have my name on it (T for me and K for my partner) and if they forwarded the email then they have it (hence saying I shot us in the foot!) This is it, nothing more so I don't even know if what CTS said to my partner on the phone (11 min stay) is accurate as we don't have the original notice letter. This is also why I don't know how to approach it and I feel like ignoring it will not just go away, do I wait and what am I supposed to wait for... just my head will explode 🤯

Thank you for trying to help me!

Coupon-mad

I think you need to check your V5C address. 

tuzuno

Coupon-mad said:

I think you need to check your V5C address. 

That was updated when we moved (recently) same with out driving licence, plus we had a 3 months redirected post from Royal mail so it should not be an issue receiving any post but I'll make my partner check it. Thank you for your suggestion!

Coupon-mad

But the event was last February so that's when some letters went astray.  Maybe bad timing with your move.

My advice is DO NOTHING MORE until you get a court claim, except:

- to tell CST and the parking firm (both) which is your correct address for service and to ERASE (use that word) the old address you think they hold because you moved in 2023.

Do not ask for copies of the NTK. No SAR.

Obviously not by phone... stop calling these people like you believe they have a customer service ethic.  The private parking industry is rotten to the core, IMHO.

troublemaker22

Coupon-mad said:

My advice is DO NOTHING MORE until you get a court claim, except:

- to tell CST and the parking firm (both) which is your correct address for service and to ERASE (use that word) the old address you think they hold because you moved in 2023.

Coupon mad is absolutely correct (as ever).  Make sure the erasure demand is sent in the name of the keeper who should attach proof of identity/address to show he is the correct data subject. V5 vehicle registration document (log book) is good for this purpose as is a recent utility bill (not mobile phone) with financial information redacted.  A driving licence is also good but be sure to redact driver number and photo, it's only sent as proof of his name and address.

troublemaker22

The email addresses for the keeper's erasure requests are Dpo@smartparking.com, dataprotectionofficer@creditstyle.co.uk and info@creditstyle.co.uk and 

I'd also pop copies in the post:

Data Protection Officer
Smart Parking Limited
5 South Inch Business Centre
Shore Road
Perth
Perth And Kinross
PH2 8BW

Data Protection Officer
Credit Style Limited, trading as CST Law
5 Rutland Court
161 Rutland Road
Sheffield S3 9PP