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CST Law on behalf of UKCPS Ltd - Letter Before Claim - Manor Mills Leeds


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Hi,

 

I have received a letter before claim from CST Law. My son has been living in a block of flats since July 2019 with his own allocated parking space that you can only access with a key fob and was given a parking permit( which I guess he didn't display on this occasion).

 

As the car is registered in my name I am the the person the letter is address to.

 

The original notice to keeper states the reason for the pcn as 'without a valid permit or authority'  nothing about not displaying a valid permit.

 

They have recently put a new 'sticker over their signage stating 'PERMIT HOLDERS ONLY PARKING IN ALLOCATED BAYS WITH A PERMIT CLEARLY DISPLAYED IN THE FRONT WINDSCREEN' 

 

I also have 2 further notice to keeper letters from UKCPS.

 

I have read his tenancy agreement and it states as follows

 

7.23 Car Parking
7.23.1 To park private vehicle(s) only at the Premises.
7.23.2 To park in the space allocated to the Premises, if the Tenant is allocated a car
parking space.
7.23.3 To park in the garage or the driveway to the Premises if applicable.
7.23.4 To keep any garage, driveway, or parking space free of oil and to pay for the
removal and cleaning of any spillage caused by a vehicle of the Tenant, his family,
contractors or visitors.
7.23.5 To remove all vehicles belonging to the Tenant, his family or visitors at the end of
the Tenancy.
7.23.6 Not to park any vehicle at the Premises that is not in road worthy condition and
fully taxed.

 

Any help will be greatly appreciated as I only have until the 30th May to respond.

 

Thanks

 

WB   

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You need to send a snotty letter to the fleecers which makes it quite clear you would be big trouble if they took you to court and they would end up with a huge hole in their wallet.

 

The good news is that residential parking cases are nigh on impossible for the con artists to win as your son will almost certainly have Supremacy of Contract.

 

UKCPS and the other PPCs are also often too lazy/arrogant to follow the legal time frames when they send out their bilge, so please complete the following

 

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket/

 

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For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement?

13/12/2019
 

2 Have you yet appealed to the parking company yet? [Y/N?]

no
 

Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

yes
 

What date is on it?

14/01/2020
 

Did the NTK provide photographic evidence?

yes
 

[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?]

no just that PCN is made under the protection of freedoms act 2012
 

5 Who is the parking company?

ukcps
 

6. Where exactly [Carpark name and town] did you park?

manor mills, leeds

IMG_20210518_0002.pdf

 

 

 

Had to remove first pdf car Reg Number showing, please obscure it and repost (BN)

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Very difficult for them to ground a claim in a key fob entry parking space especially if the vehicle was parked by the Resident in their allocated Bay, they have been known to invoice where wa hire car was parked by Resident as own vehicle in garage and permit stilll in it.  As FTMDave indicates Supremacy of Contract would apply.  Are there pictures of Signage as was originally? There is nothing in the Tenancy Agreement that stipul;ates they are beholden to a PPC fleecer nor display a permit.  Snotty Letter time You say your son is using the vehicle, so as he can demise the parking to a guest or visitor, might be better you respond as Keepwer, wait for the team to give their thoughts first.

 

Here is some reading from Parking Prankster on Residential parking, you might gain some insight into the PPC shenanigans from this.

 

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

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Under PoFA Schedule 4 section 8 there are several things where the NTK does not comply. S8 states that the Notice MUST , among other things it must give the period of time that the car was parked. Putting just the claimed time of the alleged offence is not a period of time.

 

Also the relevant land description is insufficient to identify the parking place. Manor mills could be anywhere as there are at least two different  postcodes within Manor Mills.

8[f] 

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

 

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

The Notice must contain these words and yet (if all the applicable conditions under this Schedule are met) is not included. These three errors should render the NTK not compliant with PoFA

 

If there is nothing in your son's lease about permits then UKCPS may be guilty of trespass and breaching your GDPR.

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uploaded again

IMG_20210518_0005.pdf

 

in my letter to them should I make them aware of the above errors?

 

Also my son has just advised me that a ticket was not placed on the car, we only know about the alleged breach when we received the  NTK.

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no just look at our snotty letter examples

and a case of another vanishing windscreen PCN..how unusual for ukcps...:pound:

 

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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That is strange  that they should say that there was a windscreen ticket and your son said there wasn't. Do the photos of your car show the PCN on the windscreen?

If not then they are probably claiming that there was so that they can send  the NTK late but still claim it iwas on time because they claimed it was w/s ticket.

The good news is that without the ticket and therefore the PCN arriving at the wrong time, they cannot hold you responsible as the keeper. So do not divulge who was driving and there is nothing they can do to claim money from you.

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Think son was using the car and forgot to pu as permit on was that correct?  Even if he was using it, he has the authority under the TA to park there and no mention in TA of a fleecer's permit needed, so best not let them know who was driving yet, either way as he can demise authority to park to you as he appears to have Supremacy of Contract, and its a Gated park so no one can get in without an implied authority, they are pretty screwed .  Others will be able to give more advice on that point if they go for court after a suitably snotty letter.

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Can you please redact and upload the Letter Before Claim too?

 

They are bound to have made up additional Unicorn Food Tax which will be something else to hammer them with.

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So don't let on who is using car at the moment, as if they go after Keeper POFA is your friend.

We could do with some help from you.

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I see they have added the £60 Unicorn Feed tax that cannot be applied to the Keeper. There is a particular case to quote in any snotty letter that labels that charge an abuse of process.

We could do with some help from you.

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any idea where i will find that

 

I am also struggling to find letter examples.

 

sorry i am not very good on this website 

 

so far i have written this as my letter which I have taken from another thread

 

Dear CST LAW

 

I write in response to your Letter Before Claim, received in relation to PCN [edited - HB] issued by UKCPS for alleged parking breaches.

 

I am writing to confirm that I have no intention of paying the made-up sum of money for allegedly breaking a contract with your client.

 

Apart from the fact that this is a key fob entry car park, and the vehicle was parked in the correct allocated space, the tenancy agreement issued makes no mention of having to display a permit.

 

Should your client wish to proceed with this claim, I will be seeking recovery of costs based on unreasonable behaviour as well as damages for breach of GDPR.

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Hi.

 

Well done for getting a first draft together. I've edited out the PCN number, just in cse.

 

See what the others think but I'm not sure about your third paragraph. You could be giving away too much about how you plan to fight this. People should be along later to advise.

 

HB

Illegitimi non carborundum

 

 

 

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Hi HB,

 

I don't really want to fight it. Would much rather make it go away with a letter that persuades them to give up.

 

WB

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Plan A.  I'd be tempted to write

 

Dear CST Law,

 

SUPREMACY OF CONTRACT.

 

Get lost!

 

Yours ...

 

However, as HB says, there is always a fine line to be walked between showing them you know the law and would be big trouble in court, and playing your cards too early which gives the other side time to make up lies to counter your potential defence.  So Plan B

 

Dear CST Law,

 

cheers for your Letter Before Claim.  It cheered me up no end!  I had a great laugh at the idea that you think motorists would really take such tripe seriously and cough up.

 

So, you know and I know and now you know that I know all the reasons why such residential parking cases are complete pants.  How many times has your client been hammered in court in such cases?  If they want another spanking, then go ahead and issue your claim.

 

I see your greedy clients couldn't resist sticking in some Unicorn Food Tax.  F0HM9E9Z.  Lewes.  Go and look it up.

 

I quite fancy a trip to a Green List country this summer and your clients' financing it after an unreasonable costs order under CPR 27.14(2)(g) would do nicely.

 

I look forward to your deafening silence.

 

Yours ...

 

You have a little while yet before you need to reply to the fleecers.  Hang on and see what the other regulars think.

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We could do with some help from you.

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That's looking good 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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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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As no-one has objected, get the Plan B letter sent off tomorrow.  I've made a little tweak at the end.

 

 

Dear CST Law,

 

cheers for your Letter Before Claim.  It cheered me up no end!  I had a great laugh at the idea that you think motorists would really take such tripe seriously and cough up.

 

So, you know and I know and now you know that I know all the reasons why such residential parking cases are complete pants.  How many times has your client been hammered in court in such cases?  If they want another spanking, then go ahead and issue your claim.

 

I see your greedy clients couldn't resist sticking in some Unicorn Food Tax.  F0HM9E9Z.  Lewes.  Go and look it up.

 

I quite fancy a trip to a Green List country this summer and your clients' financing it after an unreasonable costs order under CPR 27.14(2)(g) would do nicely.

 

I look forward to your deafening silence.

 

Yours ...

 

COPIED TO UKCPS LIMITED

 

 

Send a copy to CST Law, and another to UKCPS, two 2nd class stamps, two free Certificates of Posting.  The reason I say to do this is that CST Law are not a proper company of solicitors, they are a section of a dodgy debt collection agency, and in this murky world of backstabbing I'm sure dodgy Company A would love dodgy Company B to start a hopeless court case if there was ££££ in it.  Let UKCPS also know that they'd be on to a hiding in court.

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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