Court form received. BW Legal on behalf of NCPe

KeithP

With a Claim Form Issue Date of 10th August, and the AoS done in a timely manner, you have until 4pm on Wednesday 12th September 2018 to file your Defence.

If you don't file your Defence by that date then the Claimant can ask for a Default County Court Judgment against you.

If you had not done the AoS, or filed a Defence, by 30th August then they could've asked for the Default CCJ anytime after 30th August. So that's where their '30 August' date came from.

Do not phone BWL or NCP again.
You want a paper trail of any communications, plus you run the risk of giving away vital information if answering their questions.

To summarise, if you defend the case properly, you cannot get a CCJ unless you lose in court, and you fail to pay whatever the judge orders in the timescale given.

beamerguy

All very confusing

You say you failed to make payments ?

Have you set up a payment plan with BWL ???

If so, what was the total they claimed ??

Lehcar

They say I've failed to make payments. I have never agreed to and have not paid any money at any point in all of this. So the failed payments are them not being happy at me for declining to pay any part of the penalty fee from day 1 as I believe it to be extortionate and disproportionate. Also I have to budget very carefully and I don't have the available funds to just magic two lots of £60 out of thin air, let alone two lots of £100 and now 2 X £250.
I will put in a defence as suggested to the court and see what happens. I have also written to the local council who lease the land to NCP outlining how bad this will look on them if it goes on social and local media which I will do if this goes to court.
Thank you for your support. It has helped. It has made me feel less isolated.

beamerguy

Lehcar wrote: »

They say I've failed to make payments. I have never agreed to and have not paid any money at any point in all of this. So the failed payments are them not being happy at me for declining to pay any part of the penalty fee from day 1 as I believe it to be extortionate and disproportionate. Also I have to budget very carefully and I don't have the available funds to just magic two lots of £60 out of thin air, let alone two lots of £100 and now 2 X £250.
I will put in a defence as suggested to the court and see what happens. I have also written to the local council who lease the land to NCP outlining how bad this will look on them if it goes on social and local media which I will do if this goes to court.
Thank you for your support. It has helped. It has made me feel less isolated.

ok ok, well strongly suggest you show your defence here
first

System

I was out of the period of grace so it must have been more than 12

Were you 12 minutes after the P&D payment ran out or 12 minutes after you entered?

Do all the stuff they say above about acknowledgement and defence etc but also so a Subject Access Request to all the companies in the letter chain - NCP, Debt Collectors and "bailiffs - to get the information.

NCP signs usually fail the "sight" test of the standard set in the "Beavis" case. So get a copy of the signs NCP claim were on the day AND the location of these signs to check that a driver could have seen and agreed.

Lehcar

That's really useful information on the sight test. The sign , when I went to photograph it to see what I missed, faces the road not the car park and is after the turning into the car park from the direction I approached. The car park is a rough surface with no marked bays and the 3 ticket machines are temperamental so you wander the carpark finding the nearest one that works rather than looking for condition of parking signs. It's also one of those machines that require your number plate so there's lot going on to put locating terms and conditions well down the agenda. I noticed the other day that a different NCP car park had signage on poles at regular intervals at the parking bays. Very obvious now I know what I'm looking for. The site I used had no such clarity.
I returned to my car within the period of grace but left outside of it. Not that I was aware of this at the time. If I'd been aware I'd have been out of the car park asap. If I'd left when I returned to my car I wouldn't be in this situation. On both occasions I was just stupidly unaware. I faffed about with my shopping. Checked a message on my phone. Checked my list for Tesco where I was heading to next. I naively thought that because I was with my vehicle I was OK. It's been a very expensive lesson in being relaxed and chilled!

Umkomaas

@Lehcar. Do you have one of those new-fangled Paragraph buttons on your keyboard? They are rather good. Perhaps you could press it every now and then. Your walls of text are so difficult to read as they stand.

Subject Access Request to all the companies in the letter chain - NCP, Debt Collectors and "bailiffs - to get the information.

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

System

It's not just the signs, it is the wording on the signs - as that is the contract.

There is a well established principle that arduous terms must be made clear and not buried in the small print. A ParkingEye sign when compared to a NCP sign should show the arduous term (£100) buried in the small print. So it is the text size and positioning of the that is key here. As you say there is a lot going on hence the need for the sign to be crystal clear.

Lehcar

Umkomaas.

So sorry. Of course I can split my paragraphs up for easier reading.

Newbie error!

Whilst I'm learning how do I get a copy of the part of the thread I'm commenting on to appear like others do?

Iam. I am going to return to the car park and do some more checking and photographing.

Thanking everyone on this thread for their help over the weekend. It has made a huge difference to how I was feeling about the whole sorry mess that I've got myself into.

Have a good working week.

I'll be back in touch once I've got my photos and done the subject access request. Oh and I'm working on my defence too.

Cheers.

KeithP

Lehcar wrote: »

Whilst I'm learning how do I get a copy of the part of the [STRIKE]thread[/STRIKE] post I'm commenting on to appear like others do?

By using the 'quote' button at the bottom of the post you want to quote from: