Ncp threatening legal action

simbororo2018

I am the registered keeper of a vehicle.
In early June I received a letter demanding payment for a PCN issued by NCP in April 2018 from Trace debt recovery. The demand had a reference number from NCP but no date of the offence. I used the reference number and vehicle registration to check NCP website for information of the contravention and found nothing so I thought it was a scam. I received one further letter from Trace which I ignored and now just received one from BWlegal. The letter from BWlegal contains a date on which the said offence occurred. The facts are:
1. I was the keeper of the vehicle but definitely not the driver.
2. There was no PCN placed on the windscreen and no notice to the keeper ever sent and I definitely never changed address.
3. I have checked with the driver and have seen that on the said date there was a payment made from their debit card for parking at the car park.

Any advice on how to deal with this is much appreciated.

Thanks

Redx

treat it as an LBC and reply , following the advice in post #2 of the NEWBIES FAQ sticky thread, plus read other recent LBC responses and adapt one

also send an SAR using the GDPR 2018 to NCP and get all the info and pictures etc they have about your vehicle


or give the drivers details and let them deal with it once NCP issue an NTD

onlyfoolsandparking

Welcome, as with all newcomers, advice is to start reading the NEWBIES sticky. there you will find all the answers you need on how to proceed with this PCN.


Oh and advice is ALWAYS never identify the driver.

Redx

onlyfoolsandparking wrote: »

Oh and advice is ALWAYS never identify the driver.

not ALWAYS , sorry to say

the OP will have to decide if they are defending this as keeper and using arguments like POFA2012 and no landowner authority etc (and what do they say if the judge asks them who was driving ?)

or

as the driver parked and the driver paid and the driver has proof of payment , then the driver can argue about what happened on the day in question as a direct witness (plus naming the driver absolves the keeper under POFA2012)

the latter can be useful in residential cases for example

the real question is, which of those 2 scenarios is the OP wanting to happen

so not ALWAYS , but USUALLY

Coupon-mad

Sounds like the OP has not changed the address on his/her V5 - punishable by a hefty real fine from the DVLA. Sort it first! It is not enough to change an address on your driving licence, and not a car V5 as well.

I would send NCP a SAR - asking for all data & photos held, and all letters they contend were sent out - and confirm your new address (not mentioning whether or not you have updated it with the DVLA now, none of NCP's business, but DO IT!).

simbororo2018

coupon-mad wrote: »

sounds like the op has not changed the address on his/her v5 - punishable by a hefty real fine from the dvla. Sort it first! It is not enough to change an address on your driving licence, and not a car v5 as well.

I would send ncp a sar - asking for all data & photos held, and all letters they contend were sent out - and confirm your new address (not mentioning whether or not you have updated it with the dvla now, none of ncp's business, but do it!).

v5 had correct address from when i bought the car.

simbororo2018

Redx wrote: »

treat it as an LBC and reply , following the advice in post #2 of the NEWBIES FAQ sticky thread, plus read other recent LBC responses and adapt one

also send an SAR using the GDPR 2018 to NCP and get all the info and pictures etc they have about your vehicle


or give the drivers details and let them deal with it once NCP issue an NTD

The V5 definitely has my correct address since i bought the car in 2016 and have lived in the same address since 2005. The letter is not a letter before claim so should i still respond as though it is. There was no PCN or Notice ever sent. It seems like one of the ANPR type parking. Do I reply by email or post? Thanks

Coupon-mad

So follow the second paragraph of my reply.

simbororo2018

Coupon-mad wrote: »

So follow the second paragraph of my reply.

I will issue the SAR TO NCP. I have searched the forum and found standard template replies to Letter before claim. However the letter I received is one asking for payment within 16 days or they will issue a letter before claim. Do I respond now as I would a letter before claim or wait for the actual LBC. Thanks

Redx

if in any doubt , send an LBC rebuttal letter like others have done recently, so base yours on theirs

until you get the 30 days notice LBC, plus the forms they also send , you have time to get the SAR in and STILL do the ping pong LBC rebuttals


or wait for the formal LBC with 30 days notice, and then do the LBC rebuttal

simbororo2018

Following on from the previous post I have now received a response to SAR from NCP and a follow-up letter from BW legal.
1. The pictures sent show the car entering and leaving the car park after 11 minutes. The driver confirmed entry to the car park and driving around looking for space as it is a huge car park but there was none so moved on to another NCP car park down the road, parked and paid of which there is proof.
2. Even though NTK and keeper liability notice were sent with the documents, these were never received in the post as per the dates on them. I reckon they are issuing these notices without posting them because the first I heard of this was from the debt collection agent.
3. The pictures do not show the car parked.
4. NCP has also not sent the contract as requested in the SAR letter I sent and BW Legal did not send it as well in reply to my rebuttal.

BW legal have sent a letter still requesting the money and giving 14 days for me to respond. Do I ignore and wait for LBC or should I continue to respond to the letters? If I need to respond what should I include? Thanks in advance