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Smart Parking LTD - Letter before claim - Metro Bank, 50 Two Woods Ln, Brierley Hill, DY5 1TA


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Hello all, I have done some reading but I would like a bit of guidance on this please.

I received a parking charge 8 months ago where I parked overnight on a car park and didn't see the parking sign. Looking at the parking sign after it was not a pay and display it was if you stay over the time limit you receive a charge. The car park was empty and in no way was my parking a hindrance. At the time I googled the letter and I read to ignore this and that these parking companies do not have the power. It was not a council one as I would have paid that straight away.

I have had a few letters since and each time I have googled the letter and found it was just another division of the company sending 'false threats' and the advice online was to ignore.

I had not received anything for a couple months but recently I received a letter (please see images) and I am not sure what I need to do now? I have blacked out sensitive info etc and the companies name and who sent this letter, but if you advise i am safe to name this I can. Just being cautious as I am aware they look on these sites.

I would be very grateful of any help. Thank you.

 

 

 

 

letter of claim.pdf

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You did absolutely the right thing in not appealing and in ignoring all the tripe they sent you.

 

However, a Letter Before Claim is a formal notice of intention to commence legal proceedings, so you need to reply, ridicule their claim and show them you'd be big trouble & would cost them if they did do court.

 

Please fill in the forum sticky.  It'll give us the information we need to see if the PPC have bothered to follow the law or not (they probably won't have).

 

I see already that they've invented £70 of fictitious fees.

 

Don't worry about identifying the PPC and the car park.

 

 

Edited by FTMDave
Usual typo!

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Thank you very much,

 

I have sent a SAR email to Smart Parking LTD and a seperate email to CST law denying any debt and to put the case on hold

 

Is that the correct thing to do?

 

Usually what happens from here?

 

Thank you

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please do our link

 

and its not a fine ... i've changed that word in your 1st post to charge several times

who said it was?

 

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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Hi.

 

As FTM Dave said, we need the initial information from our forum sticky before we can advise fully.

 

I'm not sure you got the advice to send an SAR or put the case on hold, was it from us?

 

Please let us have the sticky Qs and As information and we'll advise on what to do next.

 

HB

Illegitimi non carborundum

 

 

 

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Thank you. I did post this on moneysavingexpert but I found them to be quite rude and they said I should have appealed from the original PCN.

 

It was from that forum they advised me to send the SAR and email to CST Law.

 

Once I am home from work i will get the letters out and fill out the q.

 

Thank you

 

Apologies this is me referring to it as a fine, i am now aware it is not a fine. Thank you.

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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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  • BankFodder changed the title to Smart Parking LTD - Letter before claim

OK, please fill in the sticky later on today.  Smart are infamous for not making the tiniest effort to make sure their paperwork, and the timescale they send it out in, is compliant with the law.  Presumably, sadly most motorists wet themselves & cough up, so Smart get away with ignoring the law.

 

You were absolutely right not to appeal.  Smart, like the other PPCs, never, ever accept appeals - ever.  Even worse, you would probably have outed yourself as the driver and thrown away your POFA protection.

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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We try to be nice. :)  You may need to do something about CST having your email. See what the others think, but some firms can email you at 11.59 the night before a court case, so you don't have time to consider their documents.

 

It's not urgent and can be dealt with. :)

HB

Illegitimi non carborundum

 

 

 

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Hello all, sorry for my late reply.

 

I have been looking through my paperwork and cannot for the life of me find the original parking charge letter or the one that came after it. If I recall, I had the original letter and then one or two more letters putting the price up and then offering a reduced charge if it was paid (the type of scary looking ones with red writing at the top)

 

I do have all the letters from this since (from Zenith, DRP and CST Law)

 

Where do I stand now?

 

Thank you

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Is this car park local to you?  Would it be possible to go back and get photos of the signage in the evening?

 

Failing that, can you remember if the signs were illuminated or not?

 

EDIT: when did you e-mail Smart & CST Law?

Edited by FTMDave

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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On 05/02/2021 at 14:30, honeybee13 said:

We try to be nice. :)  You may need to do something about CST having your email. See what the others think, but some firms can email you at 11.59 the night before a court case, so you don't have time to consider their documents.

 

It's not urgent and can be dealt with. :)

HB

 

you should never be giving either your email address!!

 

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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The fact that you've acted so quickly after getting the LBC means we have plenty of time to gather evidence and send Smart packing.

 

What will dissuade Smart from taking you to court is if they realise they'd lose because their case is pants and you're quite prepared to fight it.

 

I mention the signage because usually the PPCs don't illuminate their signs to deliberately try to catch drivers out.

 

Once we see the signage then it'll be a snotty letter to both CST Law and Smart, ridiculing their case.  A line can be added that the e-mail address previously used is inactive and is not to be used in future correspondence.

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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Sign is lit, I just never saw it when I parked there. Now I have read the sign it says in place 24 hours a day, frustrating as I parked there at around 2am and left by 7am (visiting a family member in a time of need) and the business wasn't open and in no way did the parking of my car affect anything..

1.jpg

2.jpg

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How high up would you say the sign is please? I'm wondering how easy it is to read when you're driving.

 

Also, unless I've missed something we don't know which car park and on top of that, it would be really useful to know the answers requested in the sticky link in post #2.

 

HB

Illegitimi non carborundum

 

 

 

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I have attached a pic to show its height in comparison to cars

 

I have the letters from zenith collection, drp and cst law but i cannot find the original letter although i remember it having two anpr images of my vehicle entering and leaving, so unfortunately I cannot fill out the sticky link :(

 

metro.jpg

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  • honeybee13 changed the title to Smart Parking LTD - Letter before claim - Metro Bank, 50 Two Woods Ln, Brierley Hill, DY5 1TA

The signage may be illuminated, but it's still rubbish.  Nothing it seems at the entrance, and then one solitary sign in the stratosphere.  No wonder you didn't see it!

 

It's a pity we don't know if Smart respected POFA timescales, although your SAR to them may help further down the line.

 

How about this as a draft of a snotty letter to CST Law -

 

 

Dear CST Law,

 

firstly, please note the e-mail address [email protected] I have previously used in communications is no longer active and is not to be used in any further correspondence.

 

Next - your Letter Before Claim.  Extra toilet paper is always welcome in these dark days of lockdown and panic buying, so a big thank you for helping me out.

 

If you'd bothered to do any due diligence you'd have seen that not only is your client's signage utter pants but your client has messed up in about a hundred other ways which I have noted in a nice, tidy & well-organised list all ready to show to a judge.  No, you don't get a copy, it's up to you to get off your backsides and look at your client's paperwork.

 

Your client can either stop this foolishness now or else get a thrashing in court.  Either way is fine by me.  I can't wait for a proper holiday once all this COVID stuff is over and your client's financing it by way of an unreasonable costs order under CPR 27.14(2)(g) would do nicely.

 

COPIED TO SMART PARKING

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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