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NCP PCSNs - no prior knowledge

24

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    By "Applied" surely you went online and did it, instantly?

    YOU are the defendant, of course
    IF they complied with POFA then YOU ARE POTENTIALLY LIABLE, due to POFA2012

    You can still write 90% of the defence.
  • By "Applied" surely you went online and did it, instantly?

    YOU are the defendant, of course
    IF they complied with POFA then YOU ARE POTENTIALLY LIABLE, due to POFA2012

    You can still write 90% of the defence.

    Yes i did the AOS instantly online.
  • Le_Kirk wrote: »
    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.
    Yes thats correct I did not receive a letter before claim.
    I submitted my SAR today but hoping I get some info back before I have to prepare defence!?
  • calstock
    calstock Posts: 17 Forumite
    Further to previous posts, i am now trying to put defence in on Money Claims Online and it won't let me have access to the claim - says the claim number/password are incorrect which they are not! I calculated my deadline after applying for AOS as monday 4th March but BW legal just today told me the latest date is 2nd march (tomorrow). Issue date on the claim form is 30th January? Of course the offices are now closed so I can't speak to anyone re. this until monday.. Shall I registered post the defence tomorrow to arrive monday? Furthermore I still have had no response to my SAR so was unaware still of what the parking fine was for (as have discovered the car dealer put the wrong address on the new keeper form so all of the correspondence re this PCN has been going to the wrong address!) but BW legal says its because no parking payment was made - which it WAS and I have the proof on my bank statement of the payment to NCP that day. Hope someone can help!
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 March 2019 at 7:33PM
    Can I respectfully suggest you re-read post #6 above?

    You definitely should not be filing a Defence via MCOL, so you forgetting your login details has saved you. :D


    Surely you are not taking advice from BW Legal?? :eek:
  • calstock
    calstock Posts: 17 Forumite
    Thank you very much - yes I had just scrolled up and re-read this one! Ok so I now know how to proceed with the defence but uneasy as to what to say as I have received nothing re. detail about the PCN since submitting my SAR - only a note on a letter from BW Legal that says, under Contravention Description, "Parked without payment of the parking charge" I did make the payment so is this my simple defence plus in addition I need to state that I have received no correspondence re. this PCN as my address was incorrect due to the car dealer's error? Hence it getting to the County Court Claim Form letter stage (which a savvy postman realised was meant for us). Also should I include a screen shot of the payment to NCP? Obviously had I received details after the SAR this would have included details from the parking ticket machine on the day.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But calstock, it is three weeks since your last post.

    You knew the target date.

    You will by now have read all the example Defences linked from post #2 of the NEWBIES thread.

    Please show us your draft Defence when you are ready.
  • calstock
    calstock Posts: 17 Forumite
    Yes and I have been waiting for the results of my SAR as I have had no idea what I am defending!!
    As I said, it hasn't come through yet. Fortunately I have just received the letter from BW Legal which states this is for non-payment of parking charge.
  • calstock
    calstock Posts: 17 Forumite
    edited 1 March 2019 at 9:25PM
    I only spoke to BW legal to check that what they had stated on their letter was as per the PCN (which I still have not seen) - ie. that the car was parked without payment of the parking charge. I needed to know what I am defending!
    Here is my draft defence so far - I realise it is most likely far too simple. Do i also need to mention non-receipt of all correspondence re. this PCN due to the car-dealer error with our address on completing the new keeper registration?

    IN THE COUNTY COURT

    CLAIM NO.

    BETWEEN:

    NCP Car Parks Ltd
    and
    …………….

    1. I deny any liability to the Claimant whatsoever on the following basis:
    It is stated that the car was parked without payment of the parking charge. This is incorrect as the parking charge was paid for using a debit card in the parking machine.

    I believe the facts contained in this Defence Statement are true.

    Signed……….
    1/03/2019
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You would be wise to remove your claim number from your most recent post.
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