Smart/CST PAPLOC ANPR PCN - B&M Morley, Leeds - but i paid!!

[ScarySquirrell]

Afternoon everyone!

 

Hope you are well. 

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

 

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  (incompleted). 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 fine? I am stressing a lot now... Any help much appreciated. 

 

Many thanks 

 

 

 

 

dosc1.pdf

[honeybee13]

Hello and welcome to CAG.

 

Well done for keeping the ticket! You might have a bit of hassle but the ticket can save you. The guys should be along later, but in the meantime could you tell us the information requested in the forum sticky please? That will help us to advise you on strategy and so on.

 

 

Best, HB

 

 

[BankFodder]

Please could you scan these images and post them up in PDF format. In the right order and the right way up please. It makes it much easier for people to read them at a size which suits them and to give you the help you need.

[dx100uk]

24 minutes ago, ScarySquirrell said:

I can get out of the fine?

 

it is not a fine.

 

dx

 

[ScarySquirrell]

Thank you HB!

Hope is slightly coming back...

Please, see as below:

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

please answer the following questions.

 

1 Date of the infringement

18\10\2019
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

25\10\2019
 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received

Can't remember
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

No
 

5 Is there any photographic evidence of the event?

Yes
 

6 Have you appealed? [Y/N?] post up your appeal]

No
 

Have you had a response? [Y/N?] post it up

N\A
 

7 Who is the parking company?

Smart Parking 

 

8. Where exactly [carpark name and town]

B&M Morley, Leeds
 

For either option, does it say which appeals body they operate under.

They said to appeal to Smart Parking
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

After two letters from Smart Parking, I got at least a letter from Debt Recovery Plus and the latest the LBC by CST LAW

 

Many thanks!

 

SS

[dx100uk]

you must reply to the PAPLOC

use one of the many ericbrothers snotty letters here

do NOT use their forms

 

dx

 

[dx100uk]

19 minutes ago, BankFodder said:

Please could you scan these images and post them up in PDF format. In the right order and the right way up please. It makes it much easier for people to read them at a size which suits them and to give you the help you need.

done

[honeybee13]

Hope is slightly coming back...

 

Don't feel like that. As dx says, it isn't a fine because only a court can do that. You've become involved with a bunch of chancers who are trying to take your hard earned cash but we can help. Don't throw away any of the paperwork, please.

 

To add to what dx said, there is a member here called ericsbrother who writes 'snotty' letters back to parking companies to let them know that you aren't about to knuckle under. Have a read of our Parking Successes forum to see what other people have sent, particularly ones about [not so] Smart Parking.

 

HB

[ScarySquirrell]

27 minutes ago, dx100uk said:

 

it is not a fine.

 

dx

 

See this is why I need help... Thank you 

 

Thank you HB, I will have a look to those letters and successful stories! 
 

Much obliged  

 

SS

[ScarySquirrell]

Thank you all, I will stop hitting quote (just read that), sorry! And start researching!!

 

Cheers,

SS

[dx100uk]

not sure we've ever had a smart parking PAPLOC as they usually screw up on their NTK letterfunnliy enough, they've got this one right its within 14 days of the offence!!

so i don't think you'll find a smart parking snotty letter

simply use our search top right

ericsbrother snotty letter

you'll find them

post it up here 1st mind.

 

its also worthy to note that cst can't send a PAPLOC one behalf of DR+

only on behalf upon instruction of smart

so i suspect this is dr+ simple using a CST letterhead as they desperately need free money from mugs for their xmas party drinks.

which is also why they have added £15 unicorn feed tax to the sum too.

 

dx

 

 

 

[FTMDave]

You weren't stupid at all - in fact you've done everything right!  I wish everyone who comes on the forum would act like you.

 

You were spot on to ignore letters from Smart and from powerless DCAs, just as you were right to jump into action when the Letter Before Claim showed up as Smart are fishing to decide who to take to court and who not.  As others have said, you now need to show them they would be in serious trouble if they took you to court, via a snotty letter ridiculing their claim and showing you're not ignorant of the law.  Do some searching then please post up a draft of what you propose to send.

 

Cases like yours are the easiest to defend from a legal point of view.  Smart got their money, you can prove it, they suffered no loss, the registration number nonsense is "de minimis" (the court does not deal with trivialities), judges have ruled on this many times.

[ScarySquirrell]

Hi! 

Anyone to have a quick look to this? Many, many thanks.

 

Claimant: Smart Parking LTD

Vehicle Reg: 

 

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.

 

Could you please give me a clear summary of the facts on which the claim is based???

 

So, to make sure that there is no misunderstanding, I deny that any monies are owed to your client by myself. Even the British Parking Association have given in and changed their stance. 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,

 

Dears sirs at 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.

Could you please give me a clear summary of the facts on which the claim is based???

 

So, to make sure that there is no misunderstanding, I deny that any monies are owed to your client by myself. Even the British Parking Association have given in and made real clear their stance in their Code of Practice. The same applies to the inflated amount of the claim!! the POFA 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 have suffered no loss for which to pursue me, 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 recover order for any civil claim made under the unreasonableness criteria.

 

Yours Sincerely,

 

@BankFodder Sorry, I don't know how to emerge the threads.

 

Hello everyone,

 

The deadline for my LBC to be answered is Sunday 20th December. Obviously I haven't send it yet, and I can't think of how to get the letter there before the 20th, unless I drive down tomorrow and put it through the letter hole myself (and I am seriously considering it if it will be enough), but I am not sure that would be sufficient. 

 

Could somebody please advice? 

 

Many thanks,

 

SS

 

[ScarySquirrell]

Hello everyone,

 

The deadline for my LBC to be answered is Sunday 20th December. Obviously I haven't send it yet, and I can't think of how to get the letter there before the 20th, unless I drive down tomorrow and put it through the letter hole myself (and I am seriously considering it if it will be enough), but I am not sure that would be sufficient. 

 

Could somebody please advice? 

 

Many thanks,

 

SS

[honeybee13]

Hi.

 

Is this the claim you posted about before or a new one please?

 

HB

[ScarySquirrell]

The same HB.

 

Thank you. 

[ScarySquirrell]

I have had loads of problems (one of them redundancy) since I last came to the website, and even though I did my research and tried to go through all the EB snotty letters, I was not able to compose a letter that I thought it was correct. I am clearly going to miss the deadline as it would have been 30 days next Sunday, so could anyone explain me what is the next thing to expect?

 

Many thanks in advance,

 

SS

[BankFodder]

I'm trying to find out what letter it is you should be responding to.

Is this a new thread about an existing issue? If so then please could you post a link to where you refer to a letter which you have received.

It's unhelpful to have more than one thread about the same issue because it simply causes confusion for everybody and causes delay

[dx100uk]

no rush.

 

once the experts have checked it's ok to send

simply use 1st class post with free proof of posting from any PO counter.

 

dx

 

[ScarySquirrell]

Really?  Best news ever @dx100uk

 

I have been doing research, I am just not good at putting it together. 

 

I understand about de minimis and that Smart Parking is under BPA so the error should have resulted in a £20 administration fee because more than 3 digits were missing from the registration. But I don't know how to put it down in the reply.

 

Also, having read the PD- PRE Action court, I understand the LBC was not up to standards, as it is not showing a clear summary of the facts and basis for the claim.

 

I don't know, I might have just been reading too much...

 

Ty

[dx100uk]

13 minutes ago, ScarySquirrell said:

I understand about de minimis and that Smart Parking is under BPA so the error should have resulted in a £20 administration fee because more than 3 digits were missing from the registration. But I don't know how to put it down in the reply.

 

 

you don't owe anything.

 

dx

 

[FTMDave]

Your snotty letter looks excellent and well done on finding one that fits well with your case.  For example, the first paragraph would be inappropriate in most cases but here fits like a glove as CST Law are idiotically saying they are representing Debt Recovery Plus - but it's not Debt Recovery Plus's debt!

 

Don't worry about their silly deadline, they're unlikely to suddenly start court action on 21st December, just before Christmas.

 

Don't accidentally include the line "Could you please give me a clear summary of the facts on which the claim is based???"

 

To me it looks good to go, wait until tomorrow or Monday and as dx says get a free Certificate of Posting from the post office.

 

 

[ScarySquirrell]

Thank you @FTMDave! 

I will correct and delete that line and post tomorrow with the POF.

 

Much appreciated

[FTMDave]

Last-minute tweak if you haven't already sent the letter (if you have, no problem!)

 

I'm just thinking that in the cases you've taken your draft of the snotty letter from the PPC might already have known about the driver having paid for their parking, whereas in your case they don't, so maybe better to seed the doubt a bit more.  As I say, not of huge importance, but I would go with

 

 

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've 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 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, 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,

 

COPIED TO SMART PARKING

 

 

Fork out for a second 2nd class stamp and send a copy to Smart.  The reason for this is that all this thieving is not just PPC v motorist, unscrupulous solicitors love their clients to take on court cases even if they have no hope of winning, after all it's £££££ for the solicitors.

 

Plus we had a case recently where a motorist did the same and Smart immediately soiled their underpants and ran away.

 

There are no guarantees of course, just trying to help you make your own luck.

[ScarySquirrell]

That’s amazing @FTMDave. I am printing it first thing in the morning. The only thing that worries me a bit now is that I have not made the point to anyone ( cause I didnt reply anything earlier) that I paid for the parking. So I was thinking to add after crystal clear. “As you can see in the enclosed copy, there was a valid proof of payment for the parking on that day.” 
 

And I will send a copy to Smart Parking. Thank you for pointing it out  

 

SS