Letter Before Claim by CST Law due to ignored Smart Parking PCN

[ScaredCat]

Hello everyone,

Hope you are keeping well.

I will try and keep it short.

I received a letter before claim from CST LAW stating that they are instructed by Debt Recovery Plus Limited to commence legal action against me to recover the amount outstanding...

Unfortunately, the deadline to respond is this Sunday, and I haven't managed to send the letter. Do you think if I drive the 2 hours return tomorrow to put it through the door will be worth it?


Long story short, I did pay when I parked, for the parking fee, £1, and it covered the time parked, however, my car registration was wrong (incomplete). Because I had paid I ignored all the letters... but that was a year ago. How stupid I was...



Is there any way I can get out of the PCN/claim? I am stressing a lot now... Any help much appreciated.



Many thanks

[ostell]

DRP can't order a claim, they do not own the debt. What really did the letter say?

So you write to them denying any liability and use the CPR 31.14 template in shortcuts on this page to get all the documents.

if you have the PCN then post up a redacted copy, but leave dates

[ScaredCat]

Here all the docs Ostell.

Much appreciated your interest and reply dosc1.pdf

[ostell]

Where do I start!

9 (2) (a) no period of parking
9 (2) (b) no statement of driver liability
9 (2) (e) no invitation to keeper
9 (2) (f) no warning of keeper liability

There can be no transfer of liability from the driver to the keeper because of the lack of POFA compliance

Also send them a copy if the ticket and tell them the parking charge was paid

POFA - https://www.legislation.gov.uk/ukpga...dule/4/enacted

[ScaredCat]

Hi Ostell,

That sounds like really good news, but are you referring to the NTK or the LBC?

Thank you so much!

Do you think this would be appropiate?


Dear CST Law,



I am in receipt of your letter dated the 20^th November 2020 and have noted its contents.



Unfortunately for you I cannot accept this shoddily thrown-together piece of tripe to be a LBC as it fails miserably to come anywhere near a LBC as required under the revised Civil Procedure Regulations and so would expect a court to summarily dismiss any claim later made by you or your client on that basis.



So, to make sure that there is no misunderstanding, I deny that any monies are owed to your client by myself. Surely, you have heard of "de minimis", thickos? Even the British Parking Association have given in and made their stance in their Code of Practice crystal clear.



The same applies to the inflated amount of the claim. The POFA (see points 9.2.a; b; e and f) and contract law are extremely clear on this point and again plenty of examples of dismissed claims are in the public domain. Remember DJ Harvey at Lewes in May?



Your client has suffered no loss for which to pursue me, see attached parking ticket, so it would be wise if you took your obligations you signed up to when being entered onto the SRA roll and advised your clients it is not in their interests to continue with this matter as they have no cause for action, and I shall seek a full costs recovery order for any civil claim made under the unreasonableness criteria.



Yours Sincerely,

[ostell]

I don't think that will go down well and it will probably be produced in court, with probably displeasure by the judge.

A sensible letter listing all the reasons why you are not liable, mainly the fact that you paid but also all the POFA fails pointed out in detail. The first time you reference POFA spell it out in full.

Yes bring in the double recovery matter and the keeper not being liable for more than the original PCN amount.

[ScaredCat]

Thank you very much, I will do. I have had some bad advice elsewhere. Much appreciated.