Update NPE tickets - letter before claim

kris_d

Hi all

Sorry to start a new thread but my original has been closed. This post is more to serve as an update on my case from 2015. The original thread being this.

But as a summary I received two tickets from NPE in a private car park. I followed the great advice from here and denied their claims and their following debit claims. This weekend I received a letter before claim from Gladstones asking for a total of £320. I haven't kept up with the parking ticket world but from previous posts I was under the impression NPE did not take people to court. This looks to have changed in the last 3-4 years.

As I stand now I intend to fight this in court but wonder is this the real deal and should I begin prepping my case. I do however feel my case, unlike perhaps others, is not clear cut in that my permit was expired just the second ticket was unjust and they provided no prompt notice of my parking violations to correctly update permit. The permit was expired on part of a clerical error (renewing it for a month less) which is hard to prove as it's my word against the admin staff and ultimately I should have confirmed the expiry date. However this particular admin staff had previously messed up my permit and her boss cancelled my ticket, on this occasion they decided not to cancel my permit. In court not sure how this will go, either incompetent admin staff or me being careless not to check.

Also to further add to this I have recently moved home and can't find my all initial documents, correspondence or tickets. I have of course emails and a few pictures, perhaps a Subject Access Request from NPE will give me all the documents I need.

Ultimately it appears having got to this stage I have to defend it because worst comes to worst I will still only pay £320 and may as well defend to the best I can. However time is money and the effort of defending (prep + time off work) this weighs on my mind.

Advice would be greatly appreciated, thank you!:beer:

ShakeItOff

Yes, a subject access request would give you everything they hold on you. While they can't check DVLA twice, make sure you have updated your V5.

Check through Post 3 of the NEWBIES thread. I am not sure from your post whether you have received a LBC. In any event, if you haven't, it doesn't hurt to read up on it, should you get an LBC if you haven't already.

Redx

send NPE a data rectification notice by email to their DPO, with your new address for service of papers, copy yourself into the address bar so you get a copy in your inbox

also send a SAR and again copy yourself into the email address box, for proof of delivery to both recipients (them and you)

these companies appear to store thousands of invoices and then dump them onto a solicitor, so whatever happened in the past does not mean they wont change their spots, and many have since the BEAVIS case 2.5 years ago

if you have a formal LBC with 30 days notice and the financial forms link, reply with the usual cease and desist (put it on hold) and also require GALADRAGS to abide by the OCT 2017 Pap rules (if it was gladrags that sent the new letter ?) - also tell them the correct address for service of papers too

ie:- check who actually sent it, do not rely on the letterhead

if DRPL sent it , IGNORE and wait for a proper GLADRAGS lbc

do the data rectification notice and SAR anyway

ShakeItOff

ShakeItOff wrote: »

Check through Post 3 of the NEWBIES thread. I am not sure from your post whether you have received a LBC. In any event, if you haven't, it doesn't hurt to read up on it, should you get an LBC if you haven't already.

Sorry, fat fingers - I mean post 2, not 3

kris_d

Sorry just to clarify any confusion I have linked the letter below, I have just removed my details and case ref numbers. Above this section it clearly states it is a Letter before claim.

https://imgur.com/Zd7BQpn

Redx

yes, an LoC, so do as I said and what the NEWBIES thread tells you to do, in post #2


but assume that a court claim (MCOL) will arrive anyway, from the CCBC in Northampton, in a few weeks or a couple of months time, so plan ahead

Coupon-mad

I was told this by another poster, so a SAR is well worth including in the mix:

NPE seem to reply to SAR requests when they have issued a dodgy NTK that the ticket is cancelled and all information destroyed.

You should also point out to Gladstones that your address has changed (as well as telling NPE as a 'rectification notice' with the SAR you emil to their DPO as stated on the data privacy page).

And while you are about it, tell Gladstones that you are getting a SAR and that you are seeking debt advice, albeit there is no admission of any debt or liability. As such, the case must be placed on hold for 30 days and any litigation would be premature, and an abuse of the PAP for Debt claims.

And tell them that there was no fault in this case, as it was the Managing Agent's error that caused the permit to show the wrong expiry date. DO NOT call yourself 'careless' for not checking, and do not feel you have to prove this as such, albeit show Gladstones your email evidence that the admin staff made a mistake and NPE know this happened on more than one occasion as they were asked to cancel one PCN for the same sort of reason before (MA admin mix up) and this was the same.

So, the car was de facto 'permitted' for one month longer than NPE thought, and here is the evidence.

Really important to be able to show a Judge that you showed Gladstones/NPE all of this before court action commenced and tried more than once, in protracted communications, to avoid the litigation process, as any honest & innocent person would:

The permit was expired on part of a clerical error (renewing it for a month less) which is hard to prove as it's my word against the admin staff and ultimately I should have confirmed the expiry date. However this particular admin staff had previously messed up my permit and her boss cancelled my ticket, on this occasion they decided not to cancel

kris_d

Thank you all for the input.

So I have put through a SAR to NPE and will await that.

Now regarding correspondence with Gladstones may I clarify that I should not send them a "reply form" (which appears to be the advice on the NEWBIES post 2) but instead just email them directly mentioning the SAR and debt advice? Then ultimately await the court date.

Another question I had is regarding the court date, given my work I am usually on call various times of the month and will be hard to get off work on these days unless it's an emergency. If in the occasion the hospital is unable to find cover for my on call shift I will have to do the shift and would mean I miss the court date. In this potential situation will the case go on in my absence meaning I will be seen as a no show and made to pay the fine and perhaps a penalty?

Coupon-mad

You could cover that nearer the time by contacting the Court and Claimant within a week or two of the hearing date, stating that this date is an on call date (explain your job) and whilst you intend to attend the hearing, it may be that you will not be able to, at short notice, and as such you ask the court to consider your defence in your absence, on the papers, and excuse the absence, given this notice you have given of the possibility.

Le_Kirk

kris_d wrote: »

Another question I had is regarding the court date, given my work I am usually on call various times of the month and will be hard to get off work on these days unless it's an emergency.

If you look at the Directions Questionnaire (Google Directions Questionnaire - Small Claims) and look at section D4, there is a place there to put dates not available for you and/or witnesses. Obviously you might not know far enough in advance but at least you can show flexibility and willingness to the court

rajkannan

Hi
I was reading your previous threads and i can feel for you. I am in a similar situation, i visited my sister who is an employee at the Queen Elizabeth Hospital and residing at the Staff accommodation, I stayed in her residence for a week during the Christmas holiday and i paid the full parking fee £28 at the staff/visitors car park during my entire stay, while i was vacating on the newyear's day i parked on the street (opposite to the my sisters flat) to upload the goods, shopping and other stuff in to my car. Following this incident i received the parking notice from NPE saying that i exceeded the maximum loading time of 10 mins. Apparently i overstayed by 7 mins. They have sent me some photos of the incident where it clearly shows that i was carrying goods and uploading. I explained them that i have to carry all the shopping, goods and other stuff from my sisters flat and has to pass through corridors, stairs, several fire exit doors and auto -locking secured main entrance before unloading to the car. I appealed on thier own website with the parking receipts and explained that i was genuinely loading and didn't realised that i exceeded the maximum loading time, but i was unsuccessful. I asked my sister to contact the hospital to get the notice cancelled but they are not helpful. After reading the threads i decided to ignore the letters, but now i received the debt recovery firm chasing me for the payment. I am worried that i may end up like you at some point. I really hope all goes well for you. Any other suggestions welcome. Thanks