NCP BW Legal County Court claim issued despite NCP cancelling charge

lanethomp

My husband received a PCN a while ago. It was appealed and we never heard anything until receiving threatening letters from Trace Recovery Services.

We complained and after a catalogue of errors NCP agreed to discontinue. I will post redacted details in a moment.

We have now received a letter from BW Legal advising us that a county court claim has been issued. No sign of the court papers yet. I have sent an email to NCP complaining and asking them to have the claim withdrawn, but would it be wise of us to acknowledge service as well please?

Many thanks.

lanethomp

[FONT=&quot]Email from NCP confirming cancelled:[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Dear Mr XXX[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Thank you for your emails in regards to this notice, I am very sorry for the delay in getting back to you to resolve this issue.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Your case for the above referenced notice was passed over to Trace Debt Recovery, due to no contact in regards to the notice. As you advised below, we did not receive your initial letter and this inbox is not monitored daily in regards to appeals, it is for enquiries only.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]This notice was issued for ‘Parked without payment of the parking charge’ for 25 minutes and 3 seconds on XX/XX/2018 and was correctly issued. We allow a grace period of 10 minutes on entry into the car park, to allow our customers to ascertain whether they wish to park or exit the car park, this amount of time was exceeded.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I do however, understand you were advised incorrectly in regards to this notice, on multiple occasions throughout your contact with us and this is certainly not the standard of service we aim to provide when a customer requires assistance. I will be passing on your experience, to all relevant departments involved to ensure the information provided is correct.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have spoken with Trace Debt Recovery and have advised them to cease recovery with immediate effect. Please therefore disregard any letters received prior to this email.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I am very sorry for the way in which you have been dealt with, when trying to appeal your notice. I can assure you this notice has been cancelled and you will receive no further contact.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind Regards[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Charlotte McMullen[/FONT]
[FONT=&quot]PCN Team Manager[/FONT]
[FONT=&quot]National Car Parks Ltd[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]***********************[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Email from my husband today after receiving the notice of court claim issued:[/FONT]
[FONT=&quot]
[/FONT]

[FONT=&quot]Dear NCP,


cc British Parking Association and BW Legal



I write further to the email below and I am astonished to have received a letter today from BW Legal, dated 5 September 2018, which advises me that legal proceedings have been issued against me under claim number XXX. The letter is photographed and attached herein.


The amount of the claim now totals £2XX.36.


I expect to receive an immediate response confirming and evidencing that this claim is withdrawn and discontinued at the County Court without any further recourse. The continued threatening correspondence and harassment is causing distress.


I would like to issue a formal complaint and will be writing to my representing MP to advise of the negligent professional behaviour of NCP and their representatives, and by way of copy I am informing BPA. If I receive any further correspondence I will have no hesitation to take this further and claim costs back in reimbursement.


I look forward to hearing from you by close on Monday 10th September.


Regards,
Mr XXX
[/FONT]

Quentin

Read up on acknowledgment of servce in the faq. #2

You do this when you have been served a claim by the court!

KeithP

lanethomp wrote: »

No sign of the court papers yet. I have sent an email to NCP complaining and asking them to have the claim withdrawn, but would it be wise of us to acknowledge service as well please?

Many thanks.

You cannot Acknowledge Service until you have received a Claim Form from the County Court Business Centre.

As you say, you do not have that Claim Form yet.

beamerguy

Words fail regarding National Car Parks Ltd

They clearly don't know what they are doing.
You must find out who instructed BWLegal

It cannot be Trace as it's not their debt and
as they are just timewasting idiots they have
no power.

Therefore NCP instructed BWLegal

Good luck to NCP using BWLegal, they are legals
who have screwed up so many cases they have
become a laughing stock

Do let us know what NCP say please

System

The cancellation gives you the defence of estoppel so make a note of your costs in defending this. Consider issuing your own claim (not counterclaim) against NCP for harassment and abuse of personal data - but warn them first with a Letter before Claim.

This one will likely die a death but you could mention that clamping case (forgot the name) where they came well unstuck

Umkomaas

you could mention that clamping case (forgot the name) where they came well unstuck

http://www.davidmarq.com/bama/Mayhook-V-NCP%20Judgement%20transcript.pdf

beamerguy

NCP fork out £87,000 after towing car illegally

https://parking-prankster.blogspot.com/2013/08/ncp-fork-out-87000-after-towing-car.html

lanethomp

Thanks all.

Will keep you updated. I have phoned NCP and they have said it will be cancelled immediately but will definitely take it further.

Would this affect my husbands credit rating at all?

The_Slithy_Tove

lanethomp wrote: »

Will keep you updated. I have phoned NCP and they have said it will be cancelled immediately but will definitely take it further.

Forget phoning. Any phone call you make to them "never happened." Do everything in writing. So write/email NCP, summarising the phone conversation (that puts it on record), and insist that they confirm the cancellation in writing.

lanethomp wrote: »

Would this affect my husbands credit rating at all?

Only if a claim actually goes ahead, you lose, and you fail to pay. So that's 3 things that aren't going to happen, or at least, are very unlikely. If it ever got to the third part, then you are entirely in control of it.

beamerguy

lanethomp wrote: »

Would this affect my husbands credit rating at all?

IMPOSSIBLE .... NCP don't have the power to do this
BWLegal don't have the power to do so

Only a judge in court can decide and it will never reach
court because NCP have c*cked up BIG TIME

You do understand that NCP could face a data breach
for giving info to the magical, incompetent BWLegal