CST Law Letter Before Claim for PCNs |
CST Law Letter Before Claim for PCNs |
Thu, 2 Jan 2020 - 13:20
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#1
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Member Group: Members Posts: 18 Joined: 2 Jan 2020 Member No.: 107,235 |
Hi, I have received a "Letter before claim" from an organisation called CST Law concerning 3 unpaid PCN's (with a total of 420 pounds + 45 pounds of extra fine they have added).
I used work at a hospital whose parking lot was maintained by Civil Enforcement. I have been ignoring their letters up until now. I did pay for a parking permit every month when I was working at the hospital, but on most of the days, the staff parking lots were full, which forced me to park in general public parking lot. I did sometimes pay for the parking ticket, but sometimes I didn't, as I had at times been upset about the lack of parking spaces for the staff despite paying 30-40 pounds every month for the permit. I have not had any similar experience in the past and your help would be much appreciated. P.S. The letter states, "We are instructed by Debt Recovery Plus Limited, as the agent of Civil Enforcement Limited, to commence legal action against you to recover the amount outstanding....". This post has been edited by sl476: Thu, 2 Jan 2020 - 13:22 |
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Thu, 2 Jan 2020 - 13:20
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Fri, 3 Jan 2020 - 08:39
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#21
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The driver of a car enters a contract when parking (if anyone does) but they are writing to you as the keeper of the car (they don’t know who was driving unless you’ve just told them). The Protection of Freedoms Act allows them to hold the keeper liable for the divers charges IF they meet certain criteria, CEL never do so cannot hold the keeper liable. I think by emailing this Jackie Mcguire person, I have implied that I was the keeper...so that boat's left already. They knew you were the keeper already, it's the driver's ID that has to be protected. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 5 Jan 2020 - 10:32
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#22
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Member Group: Members Posts: 18 Joined: 2 Jan 2020 Member No.: 107,235 |
The driver of a car enters a contract when parking (if anyone does) but they are writing to you as the keeper of the car (they don’t know who was driving unless you’ve just told them). The Protection of Freedoms Act allows them to hold the keeper liable for the divers charges IF they meet certain criteria, CEL never do so cannot hold the keeper liable. I think by emailing this Jackie Mcguire person, I have implied that I was the keeper...so that boat's left already. They knew you were the keeper already, it's the driver's ID that has to be protected. Okay..maybe I am just better off paying. If I do end up in the court, will I be able to defend myself? |
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Sun, 5 Jan 2020 - 11:43
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#23
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
Yes you will be able to defend yourself as you would be required to attend.
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Mon, 6 Jan 2020 - 10:12
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#24
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yikes, you were told that revealing the Keepe ris of course OK, and from that you get tha tyou would be better off paying?!
Stop panicking Did you reveal the DRIVERS identity? A simple YES or NO is required. |
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Mon, 20 Jan 2020 - 08:54
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#25
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Member Group: Members Posts: 18 Joined: 2 Jan 2020 Member No.: 107,235 |
Yikes, you were told that revealing the Keepe ris of course OK, and from that you get tha tyou would be better off paying?! Stop panicking Did you reveal the DRIVERS identity? A simple YES or NO is required. So if I just say no when I am asked were you the driver of the car, they won't be able to charge me? However, I got these PCN's at the hospital premises and I don't have a second driver registered on my car, so wouldn't they be able to prove that I will have been the driver? I haven't sent them the letter yet as i have been busy with work. Is it wise for me to just wait and see what happens? |
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Mon, 20 Jan 2020 - 09:06
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#26
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
I am insured to drive the car on my own insurance as are lots of people!
Just wait for them to contact you. Don't show them any anxiety to get this resolved otherwise they are more likely to pester you! |
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Mon, 20 Jan 2020 - 09:52
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#27
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
They can only claim from the KEEPER of a vehicle if they follow the rules in POFA2012 schedule 4
If they dont know the driver, and havent been told who it is, and havent followed POFA2012, then they can only claim from the driver. You have to read other threads. |
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Sat, 15 Feb 2020 - 18:06
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#28
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Member Group: Members Posts: 18 Joined: 2 Jan 2020 Member No.: 107,235 |
Hi,
I've just received this letter from CST Law, titled "Letter before claim - 7-day final notice". They asked for 460 pounds initially but now on this letter, they are asking for 240 pounds as "they look to settle my account by return." Will they take legal action or should I just pay this? I am worried that if I actually do get summoned, more charges will incur. Thank you for your guidance. |
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Sat, 15 Feb 2020 - 18:47
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#29
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
They are obviously not confident in winning if they have reduced their claim so much! If they claim from the Keeper then the maximum they can claim £100 so they are just trying this offer as a tactic to get you to pay up. If they take this to court then the most you will be liable for is the £100 plus court & legal costs at about £75 so still less than the £240 they are offering! Respond to the LBC and ask for all the documentation that is listed in the PAP.
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Sat, 15 Feb 2020 - 18:53
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#30
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Member Group: Members Posts: 18 Joined: 2 Jan 2020 Member No.: 107,235 |
They are obviously not confident in winning if they have reduced their claim so much! If they claim from the Keeper then the maximum they can claim £100 so they are just trying this offer as a tactic to get you to pay up. If they take this to court then the most you will be liable for is the £100 plus court & legal costs at about £75 so still less than the £240 they are offering! Respond to the LBC and ask for all the documentation that is listed in the PAP. May I ask what PAP is? I am also worried if I do contact them I will say something that they will use against me as I am quite useless when it comes to these things. I may choose to just ignore them. As long as they cannot prove that I was the driver, I should be able to defend myself if I do get summoned to the court as per other people. This post has been edited by sl476: Sat, 15 Feb 2020 - 19:00 |
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Sat, 15 Feb 2020 - 19:08
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#31
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
Pre- Action Protocol. You mustn't ignore the LBC. If you respond as advised on here then you might not need to go to court at all. Look at the PAP and write simple letter requesting EVERYTHING listed in the PAP. Copy your draft on here for review before sending. Do NOT phone them!
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Sat, 15 Feb 2020 - 19:44
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#32
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Member Group: Members Posts: 18 Joined: 2 Jan 2020 Member No.: 107,235 |
Pre- Action Protocol. You mustn't ignore the LBC. If you respond as advised on here then you might not need to go to court at all. Look at the PAP and write simple letter requesting EVERYTHING listed in the PAP. Copy your draft on here for review before sending. Do NOT phone them! I haven't received a PAP from them. Can I just ask them to provide me with everything listen in the pre-action protocol without specifying which ones I want? Dear Sir/Madame, I write to you regarding case number _____. I have just received a letter before claim from you. The driver of this vehicle used to work at the hospital with an official parking permit, paid monthly in order to park in hospital premises. Most of the time, there are no parking spots if the shift starts anytime after 9am, which forces us to park at the visitor’s carpark. You cannot possibly try and make money off healthcare staff who look after your friends, family, children and yourselves included. Provide me with all the documents enlisted in the pre-action protocol. Thank you. This is what I've written on my email to them. I don't think I will send them a handwritten letter. I haven't included anything that will point towards me as the driver. Is this okay? |
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Sat, 15 Feb 2020 - 23:41
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#33
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
They won't send you the PAP. Look it up yourself and list all the documents that it requires. List everything so that they have to respond. They won't provide everything which puts you in a stronger position. They won't do it because it takes time and money.
Better to send a typed letter than send an email. Don't bother including the bit about the driver being a worker at the hospital etc. They aren't the slightest bit bothered. Yes they can try and make money off hospital staff. They have no scruples! |
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Sun, 16 Feb 2020 - 14:43
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#34
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Member Group: Members Posts: 18 Joined: 2 Jan 2020 Member No.: 107,235 |
They won't send you the PAP. Look it up yourself and list all the documents that it requires. List everything so that they have to respond. They won't provide everything which puts you in a stronger position. They won't do it because it takes time and money. Better to send a typed letter than send an email. Don't bother including the bit about the driver being a worker at the hospital etc. They aren't the slightest bit bothered. Yes they can try and make money off hospital staff. They have no scruples! I've done some research - can't seem to find the list of required documents at all on google... So far, the list I've got is.. - Copies of the Penalty Charge Notices - Copies of the parking signs in place - Time stamped photos of the alleged violation of rules - Time stamped photos of the vehicle in question - Documents clearly identifying what aspects of the claim are being conceded and what are not - Documents providing fuller explanation of your claim This post has been edited by sl476: Sun, 16 Feb 2020 - 15:00 |
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Sun, 16 Feb 2020 - 21:09
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#35
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
Google 'Pre-action protocol for debt claims'. Download and read the pdf file.
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Mon, 17 Feb 2020 - 11:07
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#36
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Parking charge. Not penalty charge.
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Mon, 7 Dec 2020 - 19:02
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#37
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New Member Group: Members Posts: 1 Joined: 7 Dec 2020 Member No.: 110,858 |
Bump! What came of this in the end? I've received the same letter today and was wondering whether you had success in your response?
See attached a copy of the letter I received in response to my appeal to Euro Car Parks last year. I've been ignoring the matter since then, as it's clearly a mistake, which I have tried to make them aware of. They clearly didn't read my appeal letter and instead just responded with this. Now I've received a Letter Before Claim from CST Law. 1791190_AR.PDE.V001__8___1_.pdf ( 241.59K ) Number of downloads: 178 |
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Mon, 7 Dec 2020 - 22:22
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#38
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Member Group: Members Posts: 1,887 Joined: 16 Jul 2015 Member No.: 78,368 |
It is best to start your own thread to get the best advise.
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Mon, 7 Dec 2020 - 22:45
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#39
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
That's not a letter before claim so, as advised, start your own thread and start from the beginning.
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