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NCP PCSNs - no prior knowledge

calstock
Posts: 17 Forumite
I have recently received 2 separate letters - one a claim form from the county court re. NCP and the other a Trace Debt Recovery letter again for NCP. These refer to 2 separate PCNs in August and October last year. I have no recollection of either of these - of a windscreen ticket - nor have I received anything whatsoever in the post in the way of a Notice to Keeper or any kind of reminder or warning letter for either. I (probably wrongly as I knew nothing about this forum then) sent an email to the Trace one saying I knew nothing about it and could they tell me any detail. I didn't say who was the driver. I have heard nothing at all back from them.
I have started a new thread simply because I can't see anything from previous threads about this situation where I have been in the dark until these letters arrived. I don't know what to do re. this as I have no detail about either! Hope someone can help.
The Trace one was dated 3rd January and asks for £160
The County Court one is dated 30th January and claims £241.80 including court fee and legal costs.
I have started a new thread simply because I can't see anything from previous threads about this situation where I have been in the dark until these letters arrived. I don't know what to do re. this as I have no detail about either! Hope someone can help.
The Trace one was dated 3rd January and asks for £160
The County Court one is dated 30th January and claims £241.80 including court fee and legal costs.
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Comments
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You can ignore the debt collectors but not the court claim.
Follow the guide to court written by bargepole in post 2 of the NEWBIES for the other one.
Send an SAR to NCP for both PCNs. Include a copy of your V5 as proof of RD.
Send a request to the DVLA to find out who asked for your details including VRN, and when. Request info for dates from just before that of the alleged events until now.
Check the name and address on your V5 and check that it is the same as the details held by the DVLA.
Have you moved home since the dates of the alleged events?
If all your address info is correct and up to date, and was so at the time of the alleged events, complain to the BPA and DVLA that you have heard nothing prior to this.
Please also complain to your MP about this unregulated scam.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Thank you very much for this. I have realised that my driving licence has our old address but the V5 has new address as bought car since we moved.
Shall I still do the 2 things you mentioned - the SAR to NCP and the request to the DVLA?0 -
Yes, of course
You want as much info from teh PPC as possible.
Have you acknowledged the court claim, as you are TOLD to do in post 2 of the newbies thread?
THat will give you 33 days from DATE OF ISSUE0 -
Also is it the post on 12th Jan 14, 7:42 PM from Coupon-Mad I should use re. the guide to court? Cant see anything from bargepole?0
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The County Court one is dated 30th January...
Having done the AoS, you have until 4pm on Monday 4th March 2019 to file your Defence.
That's over three weeks 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.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- 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'.
- Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
- Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
- 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.
0 - Sign it and date it.
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Also is it the post on 12th Jan 14, 7:42 PM from Coupon-Mad I should use re. the guide to court? Cant see anything from bargepole?
**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thank you!
If so, scroll down to post # 2 and keep scrolling until you find: -
Here are some cases won or in progress:0 -
Thank you very much for this. I have realised that my driving licence has our old address but the V5 has new address as bought car since we moved.
Shall I still do the 2 things you mentioned - the SAR to NCP and the request to the DVLA?I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0 -
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.You never know how far you can go until you go too far.0 -
ok see it now.
Have done the SAR to NCP and requested info from DVLA
Also applied for AOS.
Just a general question, if I am the registered keeper and the Claim is addressed to me - but I wasn't the driver, then in whose name would I prepare the defence and who would go to court?
Also will I get the info from NCP as response to request for SAR before I have to file the defence - I dont know even what the PCN was for at this stage!0 -
If the claim is addressed to you, you prepare the defence in your name - but obviously part of the defence is that you were not the driver - and you would have to attend court.
Looking at your thread it would seem that you did not receive a letter before claim, which is supposed to give you the Particulars of Claim (POC) and the proof thereof - another defence point - so submit your SAR asap so you know what you are defending.0
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