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  • FIRST POST
    • rigonet
    • By rigonet 4th Jan 20, 9:25 PM
    • 9Posts
    • 1Thanks
    rigonet
    CST Law/JD Parking letter before claim advice please
    • #1
    • 4th Jan 20, 9:25 PM
    CST Law/JD Parking letter before claim advice please 4th Jan 20 at 9:25 PM
    Hi all,

    I've had a read of the newbie thread but I need some specific advice please.

    I had a permit to use a parking space and parked there for 2-3 years during which time the permit was thrown away accidentally and acquiring another was going to be problematic. All of a sudden I started receiving PCNs 3 in total over a period of two months. I've since had letters claiming 4 PCNs, I didn't receive the fourth physically, from a variety of different companies. The parking spaces are managed by JD Parking who I had the permit for.

    So far I have previously ignored all letters which I have done for a case in the same parking area a few years earlier and has since been dropped. I now read that this is old advice. I have just received 2 separate "Letter Before Claim" letters from CST Law on 02/01/20 dated 20/12/2019 demanding payment or reply within 30 days of the letters. Each PCN has had a £15 charge added to it to cover the client's time in recovering the charges.

    I read the advice on submitting a SAR to the original parking company JD Parking Consultants Ltd. I can progress that if still appropriate but do I need to reply to CST Law as well? I also read that all PCNs should be on one single letter but I was sent two, I don't know if this is significant?

    I'm unclear on what is my best defence here other than I used to hold a permit and have parked there for years. There is a small chance I could acquire another permit but if it was not displayed at the time I imagine that would be irrelevant? Another possible defence could be poor signage which I would have to return to gather evidence for and I'm not actually sure if it is poor or not. Any other advice on how to approach this one appreciated.

    Thanks for any help with these as it's not a small sum in total.
Page 1
    • rigonet
    • By rigonet 4th Jan 20, 9:41 PM
    • 9 Posts
    • 1 Thanks
    rigonet
    • #2
    • 4th Jan 20, 9:41 PM
    • #2
    • 4th Jan 20, 9:41 PM
    To add to this, the location is a group of industrial units with allocated parking spaces (but not marked in any way) and I believe that JD Parking only have a contract for some spaces. The vehicle was not always parked in the same space and so may well have been in a neighbouring unit's allocated spaces but I am unclear if this was the case. Access to the group of units does have a barrier system however it was always left open.

    Another probably minor point is that I no longer own the vehicle.
    • Redx
    • By Redx 4th Jan 20, 9:47 PM
    • 26,776 Posts
    • 35,032 Thanks
    Redx
    • #3
    • 4th Jan 20, 9:47 PM
    • #3
    • 4th Jan 20, 9:47 PM
    yes email a SAR to the DPO at J D , attaching 2 redacted copies of recent utility bills with your name , your address and the date showing

    reply to CST denying the alleged debt and asking them to place it on hold whilst you seek debt management advice (this will likely be rejected)

    2 letters , 4 letters , 1 letter with all of them on it - all irrelevant

    no longer owning the vehicle - irrelevant , you were keeper at the time

    signage is always poor but crucial to any defence, so gather your evidence (including the SAR reply) whilst you have time
    Last edited by Redx; 04-01-2020 at 10:21 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • rigonet
    • By rigonet 4th Jan 20, 9:57 PM
    • 9 Posts
    • 1 Thanks
    rigonet
    • #4
    • 4th Jan 20, 9:57 PM
    • #4
    • 4th Jan 20, 9:57 PM
    Thanks @Redx.

    Any point in pursuing getting hold of another permit now? I have a friend who has contacts with the leaseholders of the unit, but obviously the permit was not displayed at the time.

    Otherwise it sounds like poor signage is the only possible defence so I can gather evidence of that.
    • beamerguy
    • By beamerguy 4th Jan 20, 11:22 PM
    • 13,326 Posts
    • 19,163 Thanks
    beamerguy
    • #5
    • 4th Jan 20, 11:22 PM
    • #5
    • 4th Jan 20, 11:22 PM
    Each PCN has had a £15 charge added to it to cover the client's time in recovering the charges.

    CST are completely round the bend, they have lumped all 4 together
    and added £15 to each ticket with a cloud 9 dream of the cost of recovery

    Total - £60 ???? It's this rubbish that gets these dodgy legals spanked in court for ABUSE OF PROCESS

    READ PLEASE
    https://forums.moneysavingexpert.com/showthread.php?t=6014081

    Such a poor scam, wake up CST ??? YOU HAVE BEEN SUSSED

    NOT ALLOWED BY LAW

    Mind you, it's makes rubbish of the likes of BWLegal, Gladstones etc who add £60 per ticket with a junkie excuse ...... which rogue trader is right ????
    NONE OF THEM
    Last edited by beamerguy; 04-01-2020 at 11:35 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 6th Jan 20, 4:50 PM
    • 80,674 Posts
    • 95,207 Thanks
    Coupon-mad
    • #6
    • 6th Jan 20, 4:50 PM
    • #6
    • 6th Jan 20, 4:50 PM
    I have just received 2 separate "Letter Before Claim" letters from CST Law on 02/01/20 dated 20/12/2019 demanding payment or reply within 30 days of the letters. Each PCN has had a £15 charge added to it to cover the client's time in recovering the charges.
    Your priority is to reply and list all 4 PCNs you know about and require them to check for ALL PCNs which their client alleges are outstanding against you as registered keeper, and if they believe they have complied with the POFA Schedule 4 for 'keeper liability' then they must consolidate the LBCs into ONE claim. For the wording to use, search the forum for:

    two claims? substantially consolidate

    You could also ask them:

    - is their client replying upon the POFA 2012 SCHEDULE 4 for 'keeper liability' for all PCNs?

    - what is this added £15 about, given that the costs of the operation and debt collection must already be in the parking charge itself, as was held in the Supreme Court in Beavis, and

    - ask for photos of the signs at the material dates, showing where it mentions in the small print, the £100 parking charge and this purported £15, and you require this due to the Consumer Rights Act 2015 and due to the overriding objective of narrowing the issues before court.

    Show us your draft if you like, as that's a lot of important things to say.
    Last edited by Coupon-mad; 06-01-2020 at 4:54 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • DoaM
    • By DoaM 6th Jan 20, 4:53 PM
    • 8,697 Posts
    • 8,595 Thanks
    DoaM
    • #7
    • 6th Jan 20, 4:53 PM
    • #7
    • 6th Jan 20, 4:53 PM
    CST Law ... are they the new kids on the block?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • rigonet
    • By rigonet 15th Jan 20, 11:07 PM
    • 9 Posts
    • 1 Thanks
    rigonet
    • #8
    • 15th Jan 20, 11:07 PM
    • #8
    • 15th Jan 20, 11:07 PM
    Many thanks for the responses, I missed some of these.

    I have written the SAR which is a letter as I couldn't locate an email address for JD Parking. I have requested the suggested information from the newbie thread and mentioned that all PCNs should be consolidated into one claim. I will post via recorded delivery, the address is a PO box so not sure how that works but assume this is still wise?

    For the letter to CST Law, I have the below as a draft if you could review please. I couldn't find any consolidation wording applicable at the LBC stage, only the defence stage, so I have come up with something myself.

    Dear Sir or Madam

    I have received two Letters Before Claim from yourselves regarding vehicle XXX and parking charge notices from the claimant JD Parking Consultants Ltd. I have sent the claimant a subject access request and therefore require a restriction of data processing and for you to put both cases on hold.

    I’m aware of the following parking charge notices:
    [PCN details]

    Please detail all parking charge notices which the claimant alleges are outstanding against me as registered keeper.

    Please advise if you believe you have complied with the Protection Of Freedoms Act 2012 Schedule 4 for ‘keeper liability’. If you believe you have, all claims must be consolidated into a single claim for all parking charge notices.

    Please advise if the claimant is relying upon Protection Of Freedoms Act 2012 Schedule 4 for ‘keeper liability’ for all parking charge notices?

    Please explain the additional £15 charge applied to each parking charge notice given that the costs of the operation and debt collection must already be covered by the parking charge itself as per the Parking Eye vs Beavis case in the Supreme Court.

    Please provide photographs of any relevant signage on the date of issue for each parking charge notice and highlight where the £160 charge is mentioned and the additional £15 charge claimed for each parking charge notice required due to the Consumer Rights Act 2015 with my objective being to narrow the issues in the claim prior to court.

    Yours faithfully
    XXX
    I need to post both of these letters on Friday at the latest to arrive Saturday prior to the 30 days expiring Sunday (no post deliveries). I will send both together by recorded first class delivery.

    Thanks for any further help with these
    • Redx
    • By Redx 15th Jan 20, 11:10 PM
    • 26,776 Posts
    • 35,032 Thanks
    Redx
    • #9
    • 15th Jan 20, 11:10 PM
    • #9
    • 15th Jan 20, 11:10 PM
    do not use signed for delivery (there is no recorded, hasnt been for years ) , anyone can sign for them , but as its a P O Box the chances are nobody will , so you will waste your money)

    get a free CERTIFICATE OF POSTING from the P O Counter, when you pay them to put the stamp on the envelope

    not SIGNED FOR

    not SPECIAL DELIVERY either

    this is why they use P O BOX numbers , to hide their true address and so nobody signs for post, sneaky eh ?


    do it tomorrow as its deemed delivered 2 days later
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • rigonet
    • By rigonet 15th Jan 20, 11:15 PM
    • 9 Posts
    • 1 Thanks
    rigonet
    Another option would be to use JD Parking's registered address as listed at Companies House?

    Phil Dodgson & Partners First Floor, 68 Uppermoor, Pudsey, England, LS28 7EX
    Or I can just get proof of postage to the PO box if that is sufficient.
    • KeithP
    • By KeithP 15th Jan 20, 11:26 PM
    • 19,591 Posts
    • 24,983 Thanks
    KeithP
    Or I can just get proof of postage to the PO box if that is sufficient.
    Originally posted by rigonet
    That's what you do.
    Last edited by KeithP; 15-01-2020 at 11:30 PM.
    .
    • rigonet
    • By rigonet 15th Jan 20, 11:29 PM
    • 9 Posts
    • 1 Thanks
    rigonet
    Will do, thanks.

    Any review of my reply to CST would be appreciated also. Thanks.
    • Coupon-mad
    • By Coupon-mad 15th Jan 20, 11:32 PM
    • 80,674 Posts
    • 95,207 Thanks
    Coupon-mad
    Clearly no using 'signed for' to a parking scammer, and certainly not to a PO Box!

    Your letter to the solicitors is not especially clear about the required consolidation.

    I would put that word in bold and underline to, so you don't get several claims, just one is easier.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • KeithP
    • By KeithP 15th Jan 20, 11:38 PM
    • 19,591 Posts
    • 24,983 Thanks
    KeithP
    Disappointing to see that JD Parking Consultants Ltd have no privacy policy on their website.
    .
    • Coupon-mad
    • By Coupon-mad 15th Jan 20, 11:39 PM
    • 80,674 Posts
    • 95,207 Thanks
    Coupon-mad
    Illegal, I think?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Redx
    • By Redx 15th Jan 20, 11:50 PM
    • 26,776 Posts
    • 35,032 Thanks
    Redx
    and are using an 0845 number , seems to me its lacking in a lot of vital areas
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • beamerguy
    • By beamerguy 15th Jan 20, 11:53 PM
    • 13,326 Posts
    • 19,163 Thanks
    beamerguy
    rigonet .... you certainly understand this scam

    CST are behind the times, wonder if they read this forum ? maybe not ?

    They will not have answers to your letter, let's see how they reply
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • KeithP
    • By KeithP 15th Jan 20, 11:54 PM
    • 19,591 Posts
    • 24,983 Thanks
    KeithP
    Illegal, I think?
    Originally posted by Coupon-mad
    Surely not.

    They are BPA Approved Operators, and as such they must comply with the BPA's CoP which says:
    Last edited by KeithP; 15-01-2020 at 11:57 PM.
    .
    • Redx
    • By Redx 15th Jan 20, 11:56 PM
    • 26,776 Posts
    • 35,032 Thanks
    Redx
    the OP should report them to the BPA compliance team and to the ICO as well
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Ian011
    • By Ian011 16th Jan 20, 3:33 PM
    • 2,355 Posts
    • 1,501 Thanks
    Ian011
    Report the lack of call charge information next to the 0845 number to ASA.
    https://www.asa.org.uk/advice-online/non-geographic-call-charges.html
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