Bw legal ncp

GillMcK79

On 11th September my car was parkec in an NCP car park in Dundee all day. My registration was entered into the computer and the parking charge was generated - it was paid and my car left the car park. Roll on a few weeks I then got a letter from NCP claiming that parking had not been paid for. I have the receipt which shows the time of the payment as the same time as NCP logging the car leaving.
As per usual friends and family advice this has been ignored as tbe parking was paid.
I now have a letter from bw legal saying that they've been instructed to commence legal action in the form of issuing a claim against me in tbe county court.
How do I proceed?

Many thanks

Fruitcake

Complain to the landowner and your MP.

In Scotland The Keeper cannot be held liable so it is imperative they never find out the identity of The Driver.

The general advice is to ignore single PCNs in Scotland, but The Keeper could respond robustly telling the scammers and BW to only contact The Driver, who will not be named.
Also point out that The Keeper is outside the jurisdiction of the County Courts of England and Wales so you will be waiting for them to start proceedings in the Sherriff's Courts.

If BW try to take this to the county court in E + W it will get bounced.

BW deal with so many robo-claims that they won't have read the Scottish address, nor I suspect will they bother to read your reply. NCP might.

This all assumes the Keeper lives in Scotland and the vehicle is registered in that country within the Union.

GillMcK79

Thank you owner and car both based in Scotland

Coupon-mad

I now have a letter from bw legal saying that they've been instructed to commence legal action in the form of issuing a claim against me in tbe county court.

Reply and say 'I think you need to return to law school. I live in Scotland and cannot be pursued in the County Court and will contest jurisdiction if you try'.

GillMcK79

Thank you - I've basically sent NCP and BW Legal a letter with no personal details stating the parking was paid for and have enclosed a copy of their letter showing the photos of the car entering and leaving the car park which is date stamped and a copy of the receipt issued from the machine with corresponding car reg, date and time stamp of payment which is a minute before their photo of the car leaving.
Hope this is okay.

KeithP

You had two responses and neither suggested you do that.

The_Deep

Not really, you would have been wiser to follow the advice in posts 2 and 4. Now you have caused yourself extra work.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.