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    • Hi all,    So long story short, I have just received a notice of debt recovery in the post from dcbl. I opened it because it was addressed to Mr. so and so (my surname but for both first and last name) for an unpaid parking charge that was given back in 2017. I looked up the number plate and the car was actually my mothers car, same initials but different addresses. I think they may have chanced sending it to my address as this is the first time I have received any letter of the sort.    Should I call them and tell them this isn't the right address or just ignore it.    Thanks.   
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Smart/CST ANPR PCN PAPLOC - Macdonald Road Leicester


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I received the attached letter in the post over the weekend.

Also enclosed were some other pages :

ANNEX 1 INFORMATION SHEET regarding Seeking debt advice,

speaking to the business,

filling in the reply form, etc.,

a REPLY FORM, and

ANNEX 2 STANDARD FINANCIAL STATEMENT.

 

The date of the "offence" is given as 15/02/20202 but I don't recall being in Leicester on that date!

No idea what this relates to.

 

I usually ignore such parking fine demands, but the words LETTER BEFORE CLAIM are worrying.

 

Please help! :)

 

 

cst PAPLOC (3).pdf

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Yes, you need to reply to a Letter Before Claim, it's a formal communication of intention to start a court case.

 

Have you moved in recent times?

 

 

We could do with some help from you.

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where does it say it's a FINE please?

 

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 PAPLOC - Macdonaold Road Leicester

I'm not an expert on Smart's rubbish site, but it may be possible to log on there with the PCN no. and see if they have photos of the incident.  If you can, have a look and see if the photos show your vehicle.  There are various things that could have gone on here, one of which is that their carp ANPR machines mistook one of the letters of your reg.no.  Please see if the site lets you do this, then get back to us.  Then we can draft a reply to their Letter Before Claim.

We could do with some help from you.

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ANPR of the quality cheapskates like NOTSO Smart parking often confuse O and Zero, leading to spurious claims, that  would not stand up in court if defended.

We could do with some help from you.

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

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Looked it up on the website and it is, indeed, my car parked on that site.

I contacted DEBT RECOVERY PLUS via web live chat on their site, and explained my situation to them and proposed to pay £5 per month.

They refused to accept and said that they will only take a minimum payment of £20 a month. 

 

I saved the transcript for the chat, and informed them I'll be in touch again.

 

Total outstanding is £160

Would this qualify as a priority debt?

 

Don't they have to check my incoming and expenses before making demands on payment?

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Whooooooooooooooooooo - slow down!

 

For the sake of argument, let's say you're bang to rights here.  In that case you owe £100 (not £160) and you owe Smart (not Debt Recovery Plus).  Debt Recovery Plus are an uninterested third party and can't do anything.  Never contact them again.

 

On Smart's site could you work out what they reckon you did wrong in the car park?

We could do with some help from you.

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i would have thought with your extensive of DCA's here BM the last thing you would have done is to ring a powerless DCA and offer any payment...:noidea:

 

now you have the details

could you please complete the ANPR section of this:

Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

 

and we will moved you forward in the correct manner..

 

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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So ...

 

1.  Please fill in dx's sticky.

 

2.  Tomorrow send off a SAR to Smart so you can get to the bottom of what went on.  It's free and will annoy them & make them do some work.  Get a free Certificate of Posting from the post office.

 

3.  On DR+'s site, was there any indication of what Smart reckon you did wrong?  It's a bit difficult to reply to the LBC is we don't know what happened.

Edited by FTMDave
Usual typo!

We could do with some help from you.

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1 Date of the infringement 15-02-2020
 

 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] (I do not have this, only a letter of claim dated 17-12-20

 

3 Date received Unsure
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Nowhere on the Letter Before Claim (or enclosed forms) is this mentioned
 

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 LTD

 

8. Where exactly [carpark name and town] MACDONALD ROAD, LEICESTER
 

For either option, does it say which appeals body they operate under. No

 

2 hours ago, FTMDave said:

3.  On DR+'s site, was there any indication of what Smart reckon you did wrong?  It's a bit difficult to reply to the LBC is we don't know what happened.

 

CONTRAVENTION: Insufficient paid time

 

They have attached photos of the front and back of my car as evidence.

 

Will sending an SAR to SMART Parking LTD stall the LETTER BEFORE CLAIM procedure that CST LAW or Debt Recovery Plus have initiated?

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No it won't, a SAR is designed simply to discover what went on in Leicester.

 

You also need reply to the LBC.  Give me a minute and I'll knock together a draft this evening based on the info we have.

Edited by FTMDave
Usual typo!

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

 

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can we see these photo's please

PDF only!

 

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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redact then.

is there only one pic? so this was a windscreen ticket or CCTV capture not ANPR then?

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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:rockon:

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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OK, well if you're 100% sure that Smart have never written to you at your current address or any other one, how about -

 

Dear CST Law,

 

cheers for your Letter Before Claim.  In these dark days of panic buying and supermarket shortages, extra toilet paper is most welcome.

 

I don't know what "debt" you are wittering on about.  I've never received any communications from your client Smart Parking at any address, although I did send them a SAR two days ago.  If they don't get their act together then there will indeed be a court case between me and them, although they will be the defendant.

 

I understand these parking invoices are for £100.  Where has the £75 Unicorn Food Tax come from?  Big own goal to include that, remember DDJ Harvey's judgement at Lewes on 24 April?  Not very happy with these made up amounts, was he?

 

Your clients can either drop this madness now or get a good hiding in court.  Up to them.  I quite fancy a well overdue holiday once all this COVID stuff is over and your clients' financing it after an unreasonable costs order under CPR27.14(2)(g) would do nicely.

 

However, while you should get the SAR off sharpish tomorrow (with a free CoP) hang on till Saturday to send the snotty letter, as that will give the other regulars a chance to comment.  They may disagree with the route I've taken, as unfortunately we don't really know what Smart are claiming happened.  The above has the weakness of not being able to ridicule Smart's version of events and admits you haven't got the paperwork, on the other hand I hope it puts the boot into Smart and makes you come across as someone unafraid of their bullying who would be big trouble if they took you to court.

 

Anyway, see what the others think.

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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  • FTMDave changed the title to Smart/CST ANPR PCN PAPLOC - Macdonald Road Leicester

post hidden please upload as PDF only

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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OK, best to have a rethink then ...

 

I get the impression you absolutely despise these companies - and you're totally right to do so.  Despite that it's always a mistake to chuck away paperwork when you're in legal dispute, because now it's difficult to work out how to counter their bilge.

 

I have an out-of-the-box suggestion, something the site would never normally advise.

 

Dear CST Law,

 

I am in receipt of your Letter Before Claim dated 17 December.

 

I always pay my bills and other sums I owe promptly. 

 

However, on this occasion your letter describes the debt in the flimsiest of terms, and I cannot find any prior communications from your client Smart Parking Ltd.  I have therefore sent your client a Subject Access Request and I will contact you again immediately upon receipt of their reply.

 

Any professional & honest solicitor would see this reply as positive and the chance to get their client their money without court.  Unfortunately those two adjectives don't apply to CST Law.

 

However, the PPCs still prefer to bully or con drivers rather than doing court.  This may lull them into thinking they might get their cash with a bit of patience, but when the SAR comes back you hit them with a snotty letter and payment of what you owe - £0.00.

 

However, don't just print this off immediately and send it.  See what the other regulars think first.

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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As no-one has objected, send the letter off tomorrow with a free CoP.

 

Hopefully it will stall the legal action.  Then come back here when you get a reply to the SAR.

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

 

If you want advice on your thread please PM me a link to your thread

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