BWLegal

Beerkelly

Hi somebody has parked in a NCP carpark Tamworth twice one on a Sunday on 2/9/18 and one on 21/9/18 after 6pm. The car park in question is at the rear of several car parks which are all council owned (no charges on Sun or after 6pm) except this one which was leased from the previous land owner and now is back in the hands of the council (who are unable to change/cancel the lease to NCP). I have had the PCNs (no driver visible) and now two letters of claim from BW legal which the last one says that I need to respond before 2/3/19 or they will issue claim in the County Court without further notice. I have read as many threads as I can on here but not sure whether to appeal now or wait until they issue court proceedings. Request is usual £160 / each and both initial letters appeared after the last entry on 21/9/18 so was not aware of the breach until after both events,

Main issue was confusion as signs are in relative back to back proximity of each other and did not see that charges would apply different to normal car parks which surround this one. the instance was in dark on 21/9/18 and no signs are lit. There is also very little (no signage) on the rails where I parked adjacent to the main street exit.
Any advice would be appreciated as NCP website just says that the person is unable to action the PCN at this time? Do I do anything as have ignored previous letters?

The_Deep

NCP website just says that the person is unable to action the PCN at this time?

Which person, please explain.

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.

Umkomaas

The car park in question is at the rear of several car parks which are all council owned (no charges on Sun or after 6pm) except this one which was leased from the previous land owner and now is back in the hands of the council (who are unable to change/cancel the lease to NCP).

@OP

I think you should read this particular post (#39) from Coupon-mad which might be germane to your fight.

https://forums.moneysavingexpert.com/discussion/comment/75452818#Comment_75452818

Coupon-mad

Was the location Council owned at the time of the parking event, if so read that link.

Otherwise, the NEWBIES thread already tells you what to do at LBC stage (SAR to NCP, please read the sticky!), and obviously you demand in the letter/email to BW Legal that one one claim is filed, not two:

I have had the PCNs (no driver visible) and now two letters of claim from BW legal which the last one says that I need to respond before 2/3/19

Beerkelly

Thanks coupon-mad as I understand it the car park was initialy owned by another developer and then leased to NCP and the council bought it back as no development was done but could not revoke the lease of NCP. The council will not support NCP with the claim.

I will do a Sarny letter to ncp and email to BW legal tomorrow to confirm claim not accepted and ask them to combine the two alleged breaches should they look at taking proceedings further against me.

Coupon-mad

We assume when you searched the forum first, you saw this thread?

https://forums.moneysavingexpert.com/discussion/5964314/didnt-receive-initial-fine-until-court-papers-arrived

Beerkelly

Yes I have read attached and I will put letters in writing as attachments in email to BWLegal
Thanks

Beerkelly

I have now had two separate claims sent to me from BW legal for the above and I am doing acknowledgement of service - just checking if the initial PCN is dated 13/9/18 and 3/10/18 respectively and the claim date from the court is 19/3/2019 - both are over 4 months from the PCN or is the 4 months from the BW legal letter?

I have complained to MP's and Council - council has not responded.

Umkomaas

if the initial PCN is dated 13/9/18 and 3/10/18 respectively and the claim date from the court is 19/3/2019 - both are over 4 months from the PCN or is the 4 months from the BW legal letter?

What are you trying to resolve? I’m not sure there is any relevance in the 4 months, whether it’s from the PCN or the BWL letter.

Can you elaborate?

Beerkelly

ref. Juristiction in the acknowledgement of service - under the Court rules a claim must be served within a specified period of time - 4 months from the date of issue of the claim if served in England and Wales - or ist it 4 months from Notice to Keeper? any response Umkomaas?

Umkomaas

I read ‘issue of the claim’ to be the formal issuing of the N1 claim, I don’t think it’s linked to the NtK, (my guess rather than a definitive answer).

But this isn’t a parking related question, you’re asking in the wrong place for specific legal advice - try asking on Legal Beagles forum where you are more likely to get a more expert response.