Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Bm93 on November 29, 2023, 09:10:55 pm
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Okay, at least I know for the future.
They got back to me and it should be sorted so we'll see if I get any letters again.
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As above. The organisation to whom you (allegedly) owe money is Smart Parking, not DRP or CST. Smart have engaged them to chase you on their behalf, but it is still Smart who are the alleged creditor.
If they do take it to court, they'll probably get a law firm to do it for them, but again, they'd be doing it on Smart's behalf, and Smart would still be the claimant, in much the same way that if you had a lawyer representing you (not usually done for parking cases, as they'll charge more than the claim is worth!), you'd still be the defendant, not the lawyer.
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What is DRP for then if they can't do anything?
Writing threatening letters containing lots of half truths on the basis that some will believe them and will pay up.
It's common for people to not understand this, but once you do it's liberating as you know you can then ignore the threatograms and file them and just deal with the principle (Smart).
Parking companies also like it as they can play the 'it's been transferred to the debt collectors you have to deal with them' card in the hope people will give up and pay.
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but it'd be DRP doing so.
Who still have no interest and can't do that.
What is DRP for then if they can't do anything?
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but it'd be DRP doing so.
Who still have no interest and can't do that.
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For clarity, CST can't take legal action on behalf of DRP, DRP don't own the debt - they have no 'interest' (in the legal sense) in it, CST can only take legal action on behalf of Smart if they were to do anything.
This is all part of the standard 'half truths' threatograms they send. Of course you would only have a relevant CCJ IF they took you to court, IF they won and IF you still then don't pay in time. They don't just get to apply for, and then receive, one.
Okay, thank you. I'll keep an eye then.
Having reread it, it says "Our client has the right to commence court proceeding against you", so I misread it saying CST would be doing it, but it'd be DRP doing so.
It also says they have been instructed by DRP as the agent of Smart Parking in relation to the above debt.
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For clarity, CST can't take legal action on behalf of DRP, DRP don't own the debt - they have no 'interest' (in the legal sense) in it, CST can only take legal action on behalf of Smart if they were to do anything.
This is all part of the standard 'half truths' threatograms they send. Of course you would only have a relevant CCJ IF they took you to court, IF they won and IF you still then don't pay in time. They don't just get to apply for, and then receive, one.
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This is the email in question. The ref number for the PCN is in the subject line that you can't see on this screenshot.
They still haven't got back to me and the cutoff date is in 2 days apparently so I need to know if I should contact CST myself or not as I don't know what Smart Parking is doing.
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Then pl post this, it's the central plank of your argument.
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which company? Smart? If so, that is written confirmation.
Yeah. I emailed Smart Parking because I was getting letters from DRP about the charge and they confirmed it was cancelled through email.
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No, the only confirmation came in an email from the company
which company? Smart? If so, that is written confirmation.
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Did you get confirmation in writing from Smart that the PCN in question had been cancelled? Pl post.
No, the only confirmation came in an email from the company after I contacted them asking about it.
They still haven't gotten back to me after emailing them asking them to tell CST/DRP to cease communications though. On the chance they don't soon, should I email them again or what should I do?
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Did you get confirmation in writing from Smart that the PCN in question had been cancelled? Pl post.
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Doesn't look like a Letter Before Claim, so I'd stick to contacting Smart Parking directly for now.
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I've removed that attachment as you left your full name and home address visible. Hide your name and address before re-uploading.
If they're definitely for the same charge, then I would write to Smart Parking with a complaint that they have passed your data on to a debt recovery agent for a charge they confirmed was cancelled (include a copy of the correspondence from them confirming the cancellation), and tell them to instruct CST/DRP to cease contacting you immediately.
Ah, thank you for that, I forgot to remove it. I'll do that and hopefully it'll get sorted out.
I'll reupload the document here anyway with it blacked out
[attachment deleted by admin]
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I've removed that attachment as you left your full name and home address visible. Hide your name and address before re-uploading.
If they're definitely for the same charge, then I would write to Smart Parking with a complaint that they have passed your data on to a debt recovery agent for a charge they confirmed was cancelled (include a copy of the correspondence from them confirming the cancellation), and tell them to instruct CST/DRP to cease contacting you immediately.
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First thing to confirm - are the letters from DRP/CST definitely in relation to the same parking charge?
Can you show us the latest letter from CST law?
I'm over 95% sure, only because I had contacted Smart Parking directly about it and I remember it saying exactly the dates it was for and what the reference number was on the DRP letters, but the 5% unsure is because I'm not sure where I've put them to verify and this letter doesn't have the refence number for the initial PCN
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First thing to confirm - are the letters from DRP/CST definitely in relation to the same parking charge?
Can you show us the latest letter from CST law?
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Before I do anything I figured I'd ask advice.
I got a PCN from smart parking, I contested it online and I didn't receive correspondence from them afterwards either way. Eventually I got letters from DRP saying I owed money for an unpaid parking charge, referencing that same one. I went online and did the same again.
Then I received another letter from DRP, so I contacted Smart Parking directly and they confirmed the PCN had been cancelled, so I figured they'd inform them.
Turns out they didn't, and now I've had a letter from CST law on behalf of DRP saying if I don't pay by 6th December that I could get a CCJ against me.
Whats the best course of action here?