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Smart/CST ANPR PCN - Letter Before Claim - Gym Parking Goose Green, Altrincham - forgot to register reg no


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I have received a letter from CST Law, instructed by DRP - the agent of Smart Parking Limited. The letter before claim is in relation to a parking charge issued in October 2019.

 

The parking charge is in relation to parking in a Smart Parking Ltd car park which was used when visiting a gym. The gym issued free parking providing a correct reg plate was inputed into a meter within the gym, which may or may have not happened at the time of this alleged charge. 

 

Both my partner and I have access to the car in question, and both used the same gym multiple times per week.

 

At the time of being issued the charge, I asked for photo evidence to clarify who the drive was at the time of the charge, none was sent. So as far as I am currently concerned, I am not liable for the charge as I have no idea who was driving at the time, and my request for evidence to establish this did not get a response.

 

Can anyone advice a proper response? There is a reply form with the letter, which I'm yet to complete. I do not see how simple ownership of a car constitutes entering into a contract, especially if I wasn't the drive or in the car at the time the charge was issued.

 

Thanks

 

 

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Hi and Welcome to the forum.

 

I have moved your topic to the appropriate forum  Private Land Parking Enforcement  please continue to post here to your topic.

 

Andy

  • Like 1

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they aren't allowed nor are they required to photograph the driver nor produce any evidence who was the driver

thats why they send their silly letters so mugs will hopefully tell them.

DR+ can't instruct anyone to issue a PAPLOC, but ofcourse again many people see a solicitors letter and panic.

only the parking company can instruct a solicitor.

 

can you please fill this out:

 

you must respond to the PAPLOC within 30days

this will be via a snotty insulting letter

but we need the above info first please.

 

and also need to SEE the NTK, the LOC and what you wrote please in appeal

scanned up to ONE multipage PDF 

read upload carefully

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Smart/CST ANPR PCN - Letter Before Claim - Gym Parking - forgot to register reg no

Try not to worry.

Most parking companies are crooks -Smart is one of the exceptions since they are too stupid so that are not allowed to join the Crooks fraternity.

 

CST are of similar ilk since they appear to take instructions from DRP who are a bunch of unregulated debt collectors, a laughing stock among  everyone who knows them and as they are not the owners of the spurious invoice that you are being pursued for they cannot institute legal proceedings.

 

So you are dealing with tweedledee and tweedledum-though in this case they are tweedledumbs.

None of them have worked out that you were entitled to free parking so by not inserting your reg. number their claim for £100+ is a penalty. 

 

So please complete the questions above and once we know what the situation is, you can then write a snotty letter to them. Don't worry how impolite it is you cannot insult an idiot as they don't understand -just let us see it first as we may add to it. There are a lot of Ericbrother's snotty letters about.

 

And if you look at the thread just a few below yours, you will see that Smart parking gave up on another of our members a few days ago.

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Absolutely no issue with writing arsey letters, its a pastime of mine. Just want to make sure its solid!

 

In terms of docs I didn't actually get a NTK as they'd sent it to an old address, the appeal would have simply asked for more info re photos via the form on the smart parking site (I'm certain I saved the copy somewhere) and the only other communication was a reply saying it was over 28 days so they wouldn't send. 

 

Will scan and upload what I have shortly. 

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Have you told Smart you've moved?

 

if not it's easily dealt with in the snotty letter, but one of these crooked company's pastimes is to start legal action at a motorist's old address if they can, meaning the motorist knows nowt about the claim form from the court and loses by default.   

We could do with some help from you.

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Hi all. I've attached what was my first letter from Smart, didn't get an NTK in the first place. Emailed in from this asking for more details, no admission of driver etc. Didn't get a satisfactory response so ignored everything up to the recent shoddy LBC

 

See below:

 

1 The date of infringement? 29th October 2019
 

2 Have you yet appealed to the parking company yet? [Y/N?] Only asked for more details via website as NTK wasn't received and informed Smart that multiple drivers have access to car and 2 drivers use same carpark.
 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide]

 

has there been a response? Short letter saying that as 'per the BPA code of practice appeals must be submitted before 28 days' however it wasn't an appeal, just a request for more information
 

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] NO
 

what date is on it NA
 

Did the NTK provide photographic evidence? Probably, but don't know
 

[scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NA
 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] NA
 

5 Who is the parking company? Smart
 

6. where exactly [Carpark name and town] did you park? Goose Green, Altrincham

 

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hi ya

can you pop the NTD up as a PDF please Read upload Carefully.

you'd left the barcodes showing which can be read

remove those and pop it up as a PDF

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Smart/CST ANPR PCN - Letter Before Claim - Gym Parking Goose Green, Altrincham - forgot to register reg no

PDF attached

ntkscan.pdf

 

Done a fair bit of reading on here and seen a few people get these cancelled lately, going to draft a letter tonight, this one looks closest to my situation? Obviously removing the bit about them not knowing I wasn't the driver and changing it for something along the lines of them not providing me with any information to help me establisher the driver and settle the matter.

 

 

 

 

 

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they don't have too.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yep a snotty letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

Claimant: Smart Parking LTD 

Vehicle Reg: *******


Dear Sirs,


I am in receipt of your letter dated the 22nd September 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 as there is precedent case law that your clients' greed has blinded them to. The same applies to the inflated amount of the claim, the POFA and contract law are very clear on this point and again plenty of examples of dismissed claims are in the public domain. Remember DJ Harvey at Lewes in May?


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 recover order for any civil claim made under the unreasonableness criteria.


Yours Sincerely,

 

 

Will something as simple as that do?

Edited by acidliam
formating!
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looks good to me ...let FTMdave check it...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Looks good to me!

 

Just a couple of things.  I note you've moved, crooks like Smart are quite capable of sending court papers to your old address to try to win by default.  Therefore after "noted its contents." I would add "Your clients originally wrote to me at XXXXX but my new address is XXXXX".

 

At the bottom add "COPIED TO SMART PARKING" and invest in a second second class stamp.  This is because unscrupulous solicitors love it if court cases start, even if their clients' case is pants - after all its quids in for them.  Let Smart know they are risking a hit in the wallet.  In the case of the link you provided Smart wet themselves and gave in.  Get free Certificates of Posting from the post office. 

We could do with some help from you.

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  • 2 weeks later...

Usual high standard of professionalism from Smart  😉

 

Relax.  The next move is up to them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

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