NCP / BW Legal.

Teaboy94

Hi Guys,

Just wondered if someone can provide me some 'direction/confirmation - Having read the stickies prior to posting, I just want to make sure I haven't lost my way due to the amounts of must appreciated information that has been provided

So in terms of the situation; I've received a letter before claim yesterday as the keeper of the vehicle from 'BW Legal' looking to recover the costs of £160 due to an unpaid Parking Charge Notice (PCN) of £60. Circa 130 days later than the incident date. This is the first I have heard of this, so it came as quite a shock, and they have not provided any supporting evidence.

As stated above, I have reviewed the stickies but I cannot seem to process if I am correct in my next actions; if I appeal? If so, who I appeal to, including what the content is included within my appeal (do I use a template or not?)

From what I have gathered, I think I do need to appeal and I need to do so via email to BW Legal with a Template, which I will post below and at the same time request for a DSAR from NCP direct to ascertain all information they hold on me?

* I guess my confusion surrounding the above is that do I send a template appeal to BW Legal or do I just state I have requested for a DSAR and for this to be put on hold? *

Can you please just confirm which path I am to action regarding the above and that this is all I need to do at this stage? or if I am totally wrong here?

Thank you so much.
_____________________________

TEMPLATES;
DSAR information to NCP;

- ALL photos taken
- a close up of the signs on the day in question
- evidence that they have paid a debt collector, if they are trying to add £60 per PCN (they can't do that but will if YOU let them)
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse). You want the PDT machine record if it;s an PDT machine car park.
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

______________________________

BW LEGAL

Holding email due to DSAR.

nosferatu1001

You are not appealing
You are laying out your reasons why you are not liable for the charge, to a solicitor. This is the START of a legal process that can end in a court hearing

DSAR to the parkign company
HOLDING "there is a DSAR in to your client, I dispute the debt and you must put any aciton on hold until the DSAR is complied with" template to the solicitors.

Teaboy94

Thank you - I will do so.
One further question, do I bring this to the attention of my local MP or again, is it past that time?

The_Deep

Indeed.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
V

Teaboy94

Thank you 'The Deep' I have requested a DSAR, sent a holding email and sent a complaint to my MP but now I must request some further assistance if I may?

Firstly to add context to this situation, my vehicle never received a PCN nor did I receive any prior communications from NCP prior to this point, the first port of contact I have had is from BW Legal.

I have received the DSAR information back from NCP which provides ANPR images of my vehicle entering and leaving the area. It's date and time stamped and has also provided 'alleged' letters that were sent to me, which I genuinely never received but that is all? These images were taken whilst it was dark.

They have not provided;

- A close up of the signs on the day in question
- Evidence that I failed to pay
- Evidence that they have paid a debt collector, if they are trying to add £60 per PCN (£100 in this case)
- For the PDT machine record from that day, of payments made

They state this is not information regarding me so they will not release?

As this was quite some time ago I don't have any evidence to provide to them I paid however, I am certain their allegations are false, I as the keeper of the vehicle was not aware of any clear signs, and from the photographs provided it was dark at the time. I hold any evidence surrounding who was driving the vehicle at the time or if payment was made.

Any advise on my next actions?

Thanks,

beamerguy

NCP have laid down their own trap

You cannot be expected to defend this if they will not provide the information requested.

You must now play these bright sparks ...... BWLegal have this on hold until the SAR is answered but NCP will not tell you anything.

You therefore tell BWLegal that their client has failed to provide the info requested and until such time as they do, you are unable to respond to their claim. If BWLegal ignore you and this goes to court, then you reserve the right to advise the court that you have not been given the right to defend this in a proper manner. You will ask the court to dismiss the claim

beamerguy

AND ...... i wonder if BWLegal (or the hired rent a mouth they send), would be prepared to lie in court about the £60 ????

- Evidence that they have paid a debt collector, if they are trying to add £60 per PCN

Teaboy94

Hi Guys,

Just an update - So I have sent BW Legal an holding email twice which they have ignored and continued to send me lettered correspondence stating they would proceed with court action if they do not hear from me or the monies paid.

I have responded once again to this with the initial emails sent.

I have involved my Local MP, provided authorisation for them to investigate and act on my behalf and they have now requested for copies of the correspondence sent from BW Legal.

Is this normal and advisable? What will this help achieve?

Thanks,

Coupon-mad

It just puts pressure on them, although it's likely to proceed anyway - and you are likely to win as almost everyone here does, who follow our advice at all stages.

Teaboy94

HI All,

Having not heard for several months I have arrived home to find a County Claim Form in the post.

I'll post the Particulars of Claim leaving out my information, can you please advise on my response/action? I assume will be outlining a statement of defence if so what shall I state? Please refer to my timeline on thread. Thank you!!

The Claimants claim is for the sum of £172,84 being monies due from the Defendant to the Claimant in respect of the (PCN) for a parking contravention which occurred on ** August 2018 in the private car park/land located at ***** in relation to vehicle ******

The Defendant was allowed 28 days from the PCN date to pay the PCN, but failed to do so. Despite demand having been made the Defendant has failed to settle their outstanding liability.

The Claim also includes Statutory interest pursuant to section 69 of the Country Courts act 1984 at a rate of 0.8% per annum (a daily rate of £0.4 from PCN date to current date equating to Estimate £13.00

The claimants claim includes £60.00 costs as set out in the Terms and Conditions

Amount Claimed Around £170
Court Fee Around £25
Legal Costs Around £50
Total Amount Around £250

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

You need to be reading post #2 of the NEWBIES thread to discover how to create a winning Defence.