Smart Parking/CST Law ANPR PCN Letter Of Claim - Matalan Car Park - wrong reg - Medtia Square Oldham Manchester

[ericsbrother]

the BPA code has changed since then so a parking co cant calim for such an error. now the change came about because there was a problem and your case being prior to the chnage in terms for operators doesnt make it enforceable as if they go to court they will have to explain why a defective term is better than the condition that replaces it in the  code they have to abide by.

 

As brassnecked says, there is no loss because you paid the prescrobed fee and that is more importnat in law than this error. in pracice the parking co's were losing claims and govt was getting twitchy hence the change. The IPC dont agree with the law and dont enforce their Code of Pracitce so a longer haul with one of their members befiore they get a salutory lesson.

So what to say? well, the 2 points mentioned, that the current CoP prevents operators from using such a reason to screw the public and there has been no loss because the  prescribed fee was paid and that crystallises the contract, not the inputting of a car reg as the contract is with the driver, not a piece of metal so the licence to park would apply to any vehicle under the control of the driver at the time.

Edited July 27, 2020 by ericsbrother

[ericsbrother]

IF a claim is issued the points made about who is the client will certainly come back to bite the solicitors.

Credit Style, trading as CST law are governed by the FCA in the majority of their activates so this begs the question as to whether they have bought a regulated debt?

 

We know the answer to that so clearly they will have a problem unless Ms Jerk McGerk turns up in person ( see rights of audience).

 

Smart certainly aren't and don't seem to learn from their past mistakes so don't be upset if they don't drop the matter once they get their copy of whatever you do send to the useless solicitors.

[ericsbrother]

just one typo it is a full costs recovery order under CPR 27.14.2.(g). Better to use the full name so they are assured that you are up for a fight