BW Legal NCP help

S.K

Hello,
I appealed a parking fine issued by NCP, and now being pursued in the courts by BW Legal. Cut short, my car was damaged (and subsequently written off) whilst parked in a NCP car park - a hit and run. It is one I use quite often. NCP said they could not help me find any trace of the number plate/details of who might be responsible. A couple of weeks later I drove around all four floors of the car park to see if there was any vehicle showing signs of damaging my car so as to possibly provide details to my insurance company/the police. I didn't si I drove out.
Basically, I entered and left an NCP car park without paying. My defence is that I actually did not park, I did not occupy any parking space and I never exited my car. NCP has decided to continue their action in the courts. I am scared and don't know whether to pursue my defence?
Any advice would be gratefully received. Thank you

Coupon-mad

Welcome!

Please read the NEWBIES thread post #2 which fully covers what to do.

Here is regular poster Umkomaas' standard response to newbies like yourself:

BRITANNIA or NCP / BWL CASES

As you will see from the first few pages of the forum, there is an onslaught by BWL on behalf of Britannia or NCP (and a few other hitherto court-shy PPCs) which is being conducted on an industrial scale - roboclaims.

You are caught in a one-way traffic flow where you must fight or pay - there is no longer a safe 'do nothing' option.

1. Pay now (NO - THAT'S DAFT & STUPIDLY EXPENSIVE!)

2. Ignore it, a 'judgment in default' will inevitably follow for at least what they want - maybe with even more costs added; continue to ignore that, you're getting a CCJ with credit trashing consequences for 6 years.

3. Defend, yet lose in court, the cost award is likely to be noticeably less than their current demand ~£175.

4. Defend, and win in court, you owe them nothing and you could claim up to £95 for half a day's pay/loss of annual leave, plus travel costs @45p per mile, plus your parking cost for the day.

But BWL/Britannia or NCP cannot physically take everyone to court, and there is evidence to show that with a well constructed defence, BWL can come along with a reduced 'offer to settle', which if refused, becomes a discontinuation. We can't give you guarantees on that, but as you have little choice other than to defend (if you don't want to pay), you need to give this your very best shot.

Whether you have a good defendable case to argue, you will need to read other similar cases at the defence (or beyond) stage and learn from those.


ROBOCLAIMS - HOW BWL OPERATE

You might find it useful to understand how BWL operate - as I have surmised from the hundreds of different threads I've read involving BWL.

Other than the auto acknowledgements and template letters, you will get nothing sensible from BWL - they are dealing with literally hundreds of thousands of unpaid parking charges and are spewing out various threatening letters, using a conveyor belt approach to go through a computer controlled process towards a LBC, and a MCOL Claim - and it is really only at the final stages, as a court hearing becomes a possibility, that there's any real human intervention.

You need to understand that you're not dealing with an old fashioned firm of solicitors, just progressing from a quill and ink operation, BWL are industrial harvesters of debt, using the equivalent of massive combine harvesters to do their work. This is what their website tells you:
''A multi-award winning law firm specialising in volume collections, across both regulated and unregulated sectors, who are dual regulated through the FCA and SRA.

We employ around 265 people at our Leeds based office which in turn makes us the largest privately owned debt collection law firm in the UK.''

So start with the NEWBIES thread 2nd post. No questions yet, please.

KeithP

It's not clear, but have you received a Claim Form from the County Court Business Centre yet?

If so, please tell us the Issue Date on your Claim Form.

S.K

I have received a Notice of Proposed Allocation to the Small Claims Track form from Nottingham County Court. It is dated the 20th February and I must respond by the 11th of March.

Coupon-mad

Ah, so you already defended it. Please show us your defence.

The NEWBIES thread 2nd post, tells you about all the paperwork stages & what you must do and when.

S.K

I don't have a copy of it but from memory I stated that, due to my car being damaged ( and subsequently written off) I drove around the car park to see if I could spot any car that may have displayed signs of having caused it. Thus I never parked my car, exited it or occupied any parking space.

Coupon-mad

You DIDN'T keep a copy of your court defence?! For a hearing where you will need it?

Oh dear.

Anyway the NEWBIES thread tells you what to do next at each stage.

We can help you with a decent Witness Statement & evidence to rescue it.

The_Deep

You DIDN'T keep a copy of your court defence?! For a hearing where you will need it?

Surely he/she can get a copy from the court. I wonder if they mentioned grace periods?

IMO if they took this all the way they would crash and burn. Read about unreasonable behaviour costs (CPR27.14(2)(g), and get your MP Involved.

Dose anyone think that you could lodge a counter claim?

Coupon-mad

Too late for a counter claim, and only rarely are there grounds.

S.K

I will call the court and ask for a copy of my statement. Sorry, new to this but learning as I go along.
When I fill out the form should I say I have a witness statement? I can put TBC.
Also, how do I get to the newbies thread?

nosferatu1001

No, you need a copy of your DEFENCE

Its relatively obvious in a legal process you want to keep your own copies of documents, otherwise you cannot possibly refer back to them.

NEWBIES thread is obviously on the main page, stuck about 3 posts down. If you are on a phone STOP and get onto a laptop.

Post 2.
You havent read the form correctly. It does not ask for WS, it asks for how many witnesses you have.