Bw legal/ncp county court

Jamesr4300

Ive tried reading the sticky thread but became blinded by information and could not see the information im after (its probably there so i really do apologise for making a thread about it)

In essence last year i parked in an ncp carpark in derby, paid for 24 hours, left on time and thought nothing of it

A while later i received the pcn from ncp stating i had not paid, after a little confusion i realised I had entered the vehicles old registration, which changed two months prior to my new private plate, a small clerical error on my part. However i chose to ignore the pcn and carry on. They persisted chasing so i disputed it with them online and they rejected my reason and continued with the claim so i continued to ignore them

Then bw legal got involved and i ignored them until the county court letter arrived, i filled in the defence stating the clerical error but that the required money had been paid, i was even able to provide the registration numbers of the vehicles paying directly before and after me as my friends where also in the same carpark, again ncp rejected this and have continued the claim so now i await the letter from the county court about a hearing i presume

Is it worth me defending myself in court? Do i have a leg to stand on?

Redx

you wont find anyone here answering the last question at the bottom of your post , in fact we actively discourage that very question, plus this isnt a legal aid forum, its a consumer advice forum

there arent enough facts or evidence for anyone to make that determination, plus it appears you have failed to hide behind POFA 2012 and given away who was driving, so any defence is as the driver based on the driver error of using the incorrect VRM

Only a judge can decide this argument , assuming NCP pay the court fee


there is no mention of any "information you are after" in your post, just a demand for speculation

Jetslick

Your biggest mistake was not coming here sooner (and ignoring BW Legal's claim letters). You've now lost some precious time. If you do decide to defend yourself in court then there are many cases here like yours and some great bargepole templates you can use in your defence.

I'd also recommend doing a SAR (Subject Access Request) to NCP to get all the data/information they have on you. This will greatly assist your defence. The NEWBIES stickie thread details that process in #post 2.

Redx

I am afraid that the OP has already written and submitted their defence, so too late to change it or use a better one, but you are correct that they should have come here for help much sooner than this

Jamesr4300

Thank you for both of your responses, indeed i already knew after reading many threads here that this should of been my first point of call

In response to redx i believe ncp will pay the fee as the latest bwlegal letter also contains the directions questionaire which they have completed and sent to the court which i presume means they are forging ahead and i will receive a court summons shortly

Thank you jetslick i shall have a look through that now and see if i can get the data from the machines in that car park for that day, if it shows my old registration it may help

Thank you both

Redx

Jamesr4300 wrote: »

In response to redx
1) i believe ncp will pay the fee

2) as the latest bwlegal letter also contains the directions questionaire which they have completed and sent to the court which i presume means they are forging ahead

3) and i will receive a court summons shortly

1) they may do , but no court has been allocated yet so at the moment the court fee has not been paid

2) that is their own DQ and they have sent it to you in the vain hope that you will complete it instead of waiting for the one from the CCBC and completing that instead (which you are still waiting for)

3) no you wont , no "summons" will be issued as this is a civil matter, not a criminal matter

you "should" receive a DQ from the CCBC (not the court) shortly

the newbies faq sticky thread takes you through this process, so that we dont have to, so please read the bargepole and loc123 posts carefully

Jamesr4300

Thank you again redx

I have just issued the SAR to ncp's data officer and also forwarded to thebwlegal dispute team with me reference requesting they cease all data processing until this is received

I understand reference the court allocation

I dont understand in relation to the direct questionaire, it is a copy they have filled out in relation to what they have sent the court apparently, apologies if its the dame thing you meant

Not a summons, roger

Okay thank you, ill read through and try to find it in readyness for the ccbc letter,

Apologies for poor grammar/spelling im doing this all from my phone whilst trying to stop my new puppy wrecking my house!!

Regards

Redx

a phone wont help you to find the info you need, a phone gives you a cut down version of the internet and is the bain of our lives as free advisors on here

some of these solicitors quickly send you their DQ already filled in hoping that you will submit theirs to the CCBC instead of one from the CCBC, dont fall for it

you are awaiting a DQ from the CCBC in Northampton, or you can download one and fill it in (not on a phone though)

this is all explained in the NEWBIES FAQ sticky thread at the top of the forum, IF, and I mean IF, you use a laptop to carefully read it through, including links , especially the BARGEPOLE and LOC123 links

the lack of research on that post #2 is causing you to make mistakes, which could prove costly, especially if you are using a mobile phone for this

so STOP, and use a laptop

Jamesr4300

Thank you again redx, i will try and look at work tomorrow as i do not have a laptop available at home at present

Coupon-mad

What did your defence say?

You need to research this on a laptop from now on, if you are to turn this around.

Jamesr4300

Coupon-mad

Essentially because i did not consult this forum in time i simply stated the facts,
That on the date of the offence i entered my old registration instead of my new registration
I also gave the registration/name/address of the car that paid before me, and again for the car that paid directly after me
And i declared that if they looked at the data they held for that machine it would prove my point
That i have paid the correct sum for services rendered, albeit with a clerical error

Im looking through the newbie post now at work, i think my only chancea are 1) an understanding judge, or 2) getting the machine data, highlighting my old reg, proving its my old reg and still having an understanding judge

Will see as i read on