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Six year old ticket

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youdontsay
youdontsay Posts: 90 Forumite
Part of the Furniture Combo Breaker
edited 5 February 2018 at 11:32PM in Parking tickets, fines & parking
About a week ago I received a claim form telling me I was about to be taken to court for a ticket I allegedly received 6 years ago., and that £262 is payable by me.This was the first knowledge I have of this and have no recollection of it even happening.
Over the last week I have scoured the internet and have read lots of advice I believe Im more limited as to what I can do because Excel who operate the car park are not a member of the BPA?
I have also been to the Citizens advice bureau who I believe said that I was limited as to what I can do because court proceedings are already in the pipeline.
I am quite frantic as I cannot pay this amount and even this morning as I was again searching on this site and various others, I received a letter from BW Legal who represent Excel to say I will be going to court.
I rang BW legal to request the evidence and they have instructed me to contest the claim due to having no knowledge previously, and also to request the evidence myself.
I think the most likely scenario is that the car may have been driven in and straight back out without parking as very few people use this particular car park as it is widely known in the area for its unfair practices.
I have written the letter and sent it today, but is there anything else I should have done in order to get this turned around?
The letter was worded as follows
'I received a claim form from Northampton Courts approx a week ago, stating that I was being taken to court for an alleged parking offence. This is the first knowledge I have of this as the parking ticket was nearly six years old. There is an issue with postal services as there is a house nearby which has practically an identical address but, having scoured the internet for advice on this matter, I understand that there should have been many steps prior to this action, and I fail to believe that all correspondence would have gone astray. I request that you send me the evidence that you hold which has led you to believe a parking offence has been committed, without which this issue cannot go forward. Please send me the necessary evidence. Thank you'
The date of the ticket was 12th Feb 2012, so actually just under six years.
«13456720

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    split your post into paragraphs and remove any hint of who was driving

    the DRIVER drove on the day

    THE KEEPER has received all the postal paperwork

    you should not have written any letetrs without checking with us first

    post a redacted copy of that letter on here

    after 6 years the PPC cannot issue a court claim, so if it is 6 years old it is statute barred , so do not reply

    if however, you have an MCOL from Northampton, within this 6 year time window , then it needs to be dealt with

    Excel were BPA members back in oct 2012

    what date was the original ticket and pcn notice ?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    youdontsay ....

    You say ...... I received a claim form telling me I was about to be taken to court

    A claim form tells you ... YOU ARE being taken to court
    not about to be ???

    The CAB has very little knowledge of the parking scam

    BWLegal must now strictly follow the claims procedure
    as of the 1st Oct 2017
    This means they must provide you full details of their claim
    and give you 30 days to respond

    So is this a real claim form from Northampton or BWLegal
    mocking up a scary letter
  • Umkomaas
    Umkomaas Posts: 43,415 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Precise date of alleged parking infringement please?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Im wondering if the clue is in the fact that, if indeed the time frame is 6 years, that they have contacted me after all this time, but just inside the 6 years ( 7 days inside to be precise)?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    usually they do it a few weeks or months prior, but yes , once 6 years is up the alleged debt is still owed but cannot be recovered in the courts

    you should have let it time out and ignored them if it was an LBC

    I am worried about what was in the letter you sent

    also, did you get an MCOL in the post from Northampton CCBC ?

    or was this letter a formal LBC following the oct2017 protocols ?
  • Coupon-mad
    Coupon-mad Posts: 152,504 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have written the letter and sent it today, but is there anything else I should have done in order to get this turned around?
    The letter was worded as follows
    'I received a claim form from Northampton Courts approx a week ago'',
    You've had a claim form, so see post #2 of the NEWBIES FAQS and get the claim acknowledged on MCOL, then show us your defence that must follow.

    You MUST do the AOS, writing to the solicitor was the WRONG THING, hasn't hurt but you can't ignore court process.
    PRIVATE '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 THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as above

    I see you have edited post #1 and it appears the letter you received in the post was a court claim MCOL from Northampton CCBC, they issued it just before the 6 year deadline

    so you have a live court claim to acknowledge and to defend , so see post #2 of the NEWBIES sticky thread as you do not have long to defend it before the claim form "times out" and a default judgment would be entered against you

    do the AOS online and then start to draft your defence
  • Im so sorry to sound stupid, but Im not understanding the abbreviations of MCOL, AOS and LBC?

    Im not at all familiar with legal terms etc. Im a 63 year old woman and have never been to court. Im by no means perfect but I do abide by the law and so this situation is completely alien to me.

    I was very scared when I got the letter a week ago and have been trying to get the right advice ever since. But when I received the letter today from BW Legal I have to admit I panicked.

    The letter I sent was to the courts, thats where BW Legal advised me to send it
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    ploease stop ringing or listening to BW legal , they are not your friends they want your money! and will trick you if they can
    Save a Rachael

    buy a share in crapita
  • I edited my original post on the advice of Redx, I wasnt sure why, but trying to keep to the advice here.

    Its a shame that this morning I was in the process of trying to log in here when the letter from BW came. A few more minutes and I would have been talking to you guys who seem to know whats what.
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