Smart/CST PCN PAPLOC - Delamere Street, Ashton Under Lyne (was shopping in a store called Florence & Amelia's)

[zetaacosta]

Hi,

 

My wife has received a Letter Before Claim from CST Law for an apparent PCN back in October 2020 - all previous letters have been ignored.

 

 

1 Date of the infringement

27-10-2020
 

 

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

Unknown - NTK has been lost

 

3 Date received

Unknown - NTK has been lost

 

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

Unknown - NTK has been lost
 

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

No
 

7 Who is the parking company?

Smart Parking

 

8. Where exactly [carpark name and town]

Delamere Street, Ashton Under Lyne (was shopping in a store called Florence & Amelia's)

 

Any guidance would be most appreciated.

 

Cheers,

 

Z

[dx100uk]

you need to send a snotty letter

 

use our enhanced google search box

 

snotty letter cst

 

dx

[FTMDave]

Yes, please draft a snotty letter and post it up.

 

I appreciate the original PCN has gone astray, but can you at least remember what the "offence" was?

 

Well done on ignoring Smart's drivel until now, but you need to reply to a LBC.

[zetaacosta]

Hi,

 

Many thanks for the replies, will draft a response and come back.

 

Ha, good point re the offence - my wife paid to park but must have gone over the allotted time.

 

Cheers,

 

Z

[dx100uk]

So what shouldNt hurt

[FTMDave]

It might be possible to see the PCN and/or photos through their site  https://payments.townandcityparking.co.uk/live-pgc-user/

 

On the other hand it might not, but worth a click and a try.

[FTMDave]

Presuming you get no joy with the link above, another question - did your wife have to input her registration number?

[zetaacosta]

Hi,

 

Please accept my apologies for only just coming back to you.

 

I have been able to find the PCN details on that site (thanks for pointing me in the right direction) - it seems that the contravention was insufficient time paid and they have photos of the car entering/leaving.

 

My wife doesnt think she had to enter her reg in the meter so maybe this is a lost cause and I should just pay?

 

Cheers,

 

Z

[dx100uk]

God no!!

 

Can you scan up both sides of the PCN to one multipage pdf please read our upload guide carefully

[FTMDave]

OK, mystery solved, I saw the machines on Google Maps and thought they might be input-your-reg ones, and wrong reg cases are the easiest to win.

 

Thanks for looking at Smart's site.  I wasn't sure that would work.  The info will be useful for others in future.

 

We can - sort of - understand someone giving in.  But the time to give in is when the fleecers want £60, not when the amount has gone up to £100 (which is quite legal) and certainly not when they demand £160 (which is not legal, the extra £60 is pure fantasy).

 

You don't mention £160 but I'm damn sure that's what they're after, we know Smart and CST Law very well.

 

Lots of other Caggers have fought back at this point with a snotty letter showing Smart they would be big trouble if they did do court.  Usually Smart give up and go after someone else it's easier to mug.  Sometimes they do do court.

[FTMDave]

Also - how long did she overstay?  This is very important.

 

As dx says, if you can download the PCN from their site and put it here we can get all this info.

[zetaacosta]

Hi,

 

Thanks again for this - appreciate the time and effort helping me - I really don't want to give in to these utter sharks.

 

There is no option to download the PCN however I have printed to PDF so I hoping this may be some use? It does say that the office can provide more evidence but I would assume contacting them would be bad?

 

As for how long she overstayed, I am not quite sure - turns out she was not in a shop but at something called Totally Gruesome (Halloween thing) with our son and was there for about 60 to 90 mins from 10am. I reckon she probably paid for at least an hour so would have only overstayed by about 30 mins max but we cannot be sure.

 

FYI - drafting snotty letter as we speak.

 

 

 

Is it possible to just tweak this snotty letter:

 

Claimant: Smart Parking LTD

Vehicle Reg:

 

Dear CST Law I am in receipt of your letter dated the 18th June 2020 (although I received it 15th July) 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. 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

 

Z

 

Is something I can use pls?

Edited September 29, 2021 by dx100uk
pdf un redacted removed

[dx100uk]

had to hide you PDF

you must redact your pers details and any ID numbers/reg numbers!!

 

read upload carefully as i pointed to earlier

 

dx

 

[dx100uk]

and we need the addition stuff on the website like photo's too ..everything you can get

 

just hide reg number only

 

dx

 

[FTMDave]

Well done on finding the snotty letter.

 

However, cut out this sentence - Even the British Parking Association have given in and changed their stance - because it refers specifically to a wrong registration case.

 

Plus cut out - Remember DJ Harvey at Lewes in May? - because unfortunately the fleecers appealed and DDJ Harvey's ruling was overturned.

 

Write at the bottom COPIED TO SMART PARKING and tomorrow invest in two 2nd class stamps and get two free Certificates of Posting from the post office.

 

As dx says, if you are able to get photos and/or the PCN from their site then please do so and upload here.  If it's impossible you could SAR them say in a week's time.  The important thing is to get the snotty letter off sharpish in response to their LBC.

 

Excellent that they haven't respected PAPLOC with the carp dates on the letter.  Keep any letter/post mark that can prove this.

[zetaacosta]

Sorry all, I have been useless at this - thanks again for patience and guidance.

 

Reg redacted and photos included.

 

Also, seems my wife got the timings wrong as she was there from 1121 until 1257.

 

Thanks!

 

 

Updated letter:

 

Claimant: Smart Parking LTD
Vehicle Reg: XXX

Dear CST Law,

 

I am in receipt of your letter dated the 6th September 2021 (although I received it 13th September) 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.

 

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.

 

Regards,

Z

 

COPIED TO SMART PARKING

 

 

PCN-Delamere-Street.pdf

[dx100uk]

thread tidied

 

dx

[FTMDave]

Excellent.  Get the two snotty letters off and get the two CoPs.  Probably a good idea to stick their PCN number in as a reference at the start.