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NCP Spanked in Court - Towing for Unpaid Tickets
bargepole
Posts: 3,236 Forumite
The thread here http://forums.pepipoo.com/index.php?showtopic=64994 on Pepipoo gives the full story, but for those who don't want to read a 40-page thread, here is a summary:
Back in September 2011, James Mayhook parked in a railway station car park, bought a ticket, and later his vehicle was towed away by NCP for alleged non-payment of previous tickets, some 30 in total. (He wasn’t the driver for all of these).
As usual, the Police were no help at all, “It’s a civil matter sir”.
NCP then sent JM a letter banning the vehicle from all NCP car parks, and claiming that they were within their rights to seize the vehicle as a remedy for trespass.
JM made a Court Claim against NCP, and applied for an Injunction against NCP and Nigel Fuller (the person who towed the car) requiring them to return it. This was granted, but only on payment of £650 security, pending NCP’s counterclaim for the outstanding tickets.
The first hearing was listed for August 2012, but because of the sums involved and the implications for the PPC industry, it was reallocated from Small Claims to the Multi-Track at the end of November.
After getting some advice from Tim Cary (the solicitor in the Watchdog video), JM managed to secure the services of Barrister Matthew Hodson under a CFA arrangement.
The case concluded today (Chelmsford County Court, case no. 1CM00569), and JM won his claim, and defeated NCP’s counterclaim. £2,800 awarded against NCP to JM by Recorder Lowe QC.
More details of the judgment when available.
Back in September 2011, James Mayhook parked in a railway station car park, bought a ticket, and later his vehicle was towed away by NCP for alleged non-payment of previous tickets, some 30 in total. (He wasn’t the driver for all of these).
As usual, the Police were no help at all, “It’s a civil matter sir”.
NCP then sent JM a letter banning the vehicle from all NCP car parks, and claiming that they were within their rights to seize the vehicle as a remedy for trespass.
JM made a Court Claim against NCP, and applied for an Injunction against NCP and Nigel Fuller (the person who towed the car) requiring them to return it. This was granted, but only on payment of £650 security, pending NCP’s counterclaim for the outstanding tickets.
The first hearing was listed for August 2012, but because of the sums involved and the implications for the PPC industry, it was reallocated from Small Claims to the Multi-Track at the end of November.
After getting some advice from Tim Cary (the solicitor in the Watchdog video), JM managed to secure the services of Barrister Matthew Hodson under a CFA arrangement.
The case concluded today (Chelmsford County Court, case no. 1CM00569), and JM won his claim, and defeated NCP’s counterclaim. £2,800 awarded against NCP to JM by Recorder Lowe QC.
More details of the judgment when available.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Comments
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:T:beer:
Tremendous.Je Suis Cecil.0 -
Love it !!! :T
Hope the OP who posted about being towed at Luton Airport is reading this, because that was down to Barrington-Fuller's mob too and NO there is NOT any byelaw in place at Luton giving "lawful authority" ...0 -
Great result! As Sirdan says may make Barrington-Fuller think about his Luton operation's!
I wonder if his qualifications in law influenced NCP's approach?0 -
Been keeping an eye on this on pepipoo , ncp are despicable company who thinks they are above the law, what a great result for all concerned.Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Great result!!
Looking forward to hearing what thr judge said and the costs awarded!!For everthing else there's mastercard.
For clampers there's Barclaycard.0 -
I remember that thread, hoped it would turn out well but this was better than expected! A true SPANKING!!
:TPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
:TFantastic:T0
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I wonder if they got their lawyers from Solihull legal school as other esteemed people in the parking industry?For everthing else there's mastercard.
For clampers there's Barclaycard.0 -
any comment from NCP?
Maybe we should email them asking for a quote?
:beer::beer::beer:Better in my pocket than theirs :rotfl:0 -
They were very close to breaking criminal law by seizing the vehicle. It could have been theft or TWOC or even blackmail, but the boys in blue just weren't interested.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0
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