NCP and my mistake

RENEGADE_2

laura170 wrote: »

Certainly can't afford to get a CCJ against my name.

If it helps ease your mind more, it occurred to me immediately reading your seminal post that this is a railway, byelaws may apply but not in this case. It has nothing to do with it being rare, it is to do with the manner in which it is being pursued. You can glean a lot of information when you know what to look for.

Your references to civil collection agencies, a debt, the County Court and CCJs just about confirm everything. Railway Byelaw 14 which governs parking is normally managed by the train operating company who in turn do not handle appeals, an independent office does this or the court itself will. This brings me to the next detail which is that the court in question would by Magistrates' and not County. The latter deals not with criminal issues but civil matters (one citizen vs another) and any grievance NCP may have with you can only be one in which Contract Law is the legislation - so that would indeed be adjudicated in County Court. Nobody can knock on your door without having sought a CCJ and been awarded it, so you can give anyone else an impolite instruction should they phone you or ring your doorbell. Regarding "filing for a CCJ", your antagonist makes this sound as easy as obtaining keeper details from the DVLA. Wrong. DVLA sells your details to opportunists willing to pay them, a County Court case would involve:
1) them requesting papers
2) them applying for a hearing
3) the court deciding it is worth hearing and summoning you
4) them paying for the hearing

I'll tell you here and now, it would not progress beyond stage three whereby you would remain ignorant that anything was happening. Any judge worth his salt will know that this is a de facto penalty forbidden by British laws and will not set a date. In the unlikely event he did, you would win hands down because you have the "actual losses" argument in the bag which they cannot get out of, especially if admitting "you owe it to us because you breached our contract". Instead, they'd have to explain why you owe them all you do.

Just relax, NCP are known scammers.

laura170_2

Thanks all for the helpful posts.

Renegade - thank you - that makes it much clearer for me to understand. I was worried about what I would say if it did get to court but you have cleared that up for me also with the "actual losses" reasoning.

I'm really gonna spread the word about these bullies. It annoys me to think how my friends and I have paid things like this in the past without questioning them.

laura170_2

Geez very worrying about them now towing cars. This whole thing makes me feel quite sick.

Coupon-mad

laura170 wrote: »

Geez very worrying about them now towing cars. This whole thing makes me feel quite sick.

A car - one case, currently being disputed legally. Never heard of it before and probably won't happen again as NCP do not clamp.

RENEGADE_2

laura170 wrote: »

It annoys me to think how my friends and I have paid things like this in the past without questioning them.

So have I but that's just life, we live and learn. I am very pleased you will tell your friends this but do be careful, the railway byelaw is one thing but when PPCs are on public land acting as council's client, different laws apply again. Any doubts, direct them here.

For now, I hope you stay a member of this forum and offer advice to other motorists/keepers hit by these bullies such as NCP. After all, you are now officially qualified!

laura170_2

I most certainly will. I'm very pleased I found this forum