NCP paid by card at machine or so I thought...

Sancho_Panza

I have indeed. The issue date is 21st December 2018. I guess that means I have until 9th January 2019 to respond.

KeithP

With a Claim Issue Date of 21st December, you have until Wednesday 9th January to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Wednesday 23rd January 2019 to file your Defence.

That's a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Sancho_Panza

Thank you. I am going to fight this. I will keep you updated. My current thinking is a frustrated contract but I want to ensure that I have every base covered

Sancho_Panza

So I have filed my defence and I thought this would then go away. A reasonable person in my position could not have acted in a different way. What are you supposed to do when you believe you have paid? Go to their head office and check that everything is ok?

3 weeks in and they have completed a DQ and I have received a copy and the court have sent me a DQ to complete. They have asked for mediation. I am not going down that route.

I have a couple of questions that I would be grateful if someone could answer,

Is the probability of a court hearing now greater than 50%?

Parking Eye v Cargius is this a sound way of differentiating from Beavis?

I very much appreciate this forum and am trying not to pose questions that have been answered before.

All comments are welcome.

Coupon-mad

So I have filed my defence and I thought this would then go away.

You needed to read bargepole's 'what happens when' info from the NEWBIES thread, which also tells you how to complete the DQ.

This was never going to go away straight after defence stage.

But this evidence is likely to win it, IMHO:

In the course of the appeal NCP provided evidence of transactions going through the two machines at the site showing they were working.

However only one of the machines had transactions going through it.

They also supplied information of when the machines were opened by a human. This was first thing in the morning, once during the day and then again at the end of the day, oh and then two other times out of hours during the evening whilst I was parked suggesting that someone had been called out due to problems with the machines.

I would send NCP an email reiterating that their own evidence damns them and that they should discontinue, and that if they proceed to a hearing you will seek costs in the indemnity basis for their wholly unreasonable conduct.

Sancho_Panza

Thank you very much for the prompt response.

I will send that email and let you know what they say!!

It has always infuriated me that they know that what I am saying is true and that at every hurdle their own evidence just supports my case!

Sancho_Panza

...30 minutes later, Coupon-mad, that indemnity basis is making me feel a lot better.

Umkomaas

Have you issued a SAR to NCP?

Have a read of this thread:

https://forums.moneysavingexpert.com/discussion/5937681/britannia-court-claim-court-proceedings-withdrawn

While it is relating to Britannia Parking, the current BWL onslaught of claims is primarily on behalf of NCP and Britannia. They know they cannot possibly proceed to court with each and every case, and will want to pick off the juiciest (and easiest) to pursue right through. They must be looking to pare down the pile by discontinuing any that will create work for them when they are on thin ice.

Pile on the pressure so they don't regard your case as low-hanging fruit.

The_Deep

Pile on the pressure so they don't regard your case as low-hanging fruit.

Have you complained to your MP yet? You might also like to consider complaining to your local Trading Standards Department. Write directly to them, do not go through a third party.

Sancho_Panza

I have requested a SAR and they sent me the same information they produced for my appeal with a helpful note to suggest I request a SAR from BW Legal too. I have filed my DQ and asked for a hearing in my local county court which is tough to get to from London (or anywhere).

I have emailed them warning that I will be seeking costs on indemnity basis. I am prepared for court, it would almost be a shame if they pulled out. I think their next step will be for them to send me a "without prejudice" letter offering to settle for £165 which I will ignore.