NCP/ BW Legal - No Lighting!

RomeoYankee

Morning ladies & gents

I have read through a number of threads including the Newbies thread numerous times etc. and have been trying to dispute my claim using existing threads. I feel as if I am at a stage in which I need specific help from you lovely people. If at any stage you feel there is relevant advice on other threads please link me to those threads as I don't want to waste anyones time.

Essentially the driver parked within an NCP carpark and didn't pay for a ticket as they didn't realise the car park was monitored by an ANPR camera and charged after a certain time. The driver parked from late into the early hours and at this time there was no day light and no lighting within the carpark at all (not an exaggeration)

Now the Keeper received this Parking Charge Notice from NCP in November and ignored it, up untilI they received a letter from TRACE debt recovery solutions to which the keeper responded to via post using a template from a thread. This was then passed onto BW Legal (NCPs legal team) and here we are.

Letter one from BW states; a price increase applies of £60 for their fees etc etc - the keeper responded to this letter using another template and to BW Legal asking to pause my case & NCPs Data Protection Officer asking for the data they had on me etc and for images of the signage etc. They responded with it but didn't give the keeper their clients info to contact them directly (The keeper understands it can be obtained from the Land Registry).

Next letter is a Letter of Claim commencing legal action but only issuing a County Claim 30 days from the date of the letter (if no response is made). BW are also giving estimated court costs etc.

BW are only assuming the keeper is the driver at fault...

Please help

Redx

1) edit the above to only mention DRIVER and KEEPER

no "MY , ME , MYSELF & I" - those words should NOT be used, learn some legal speak and dont be so precise , the DRIVER parked etc, the KEEPER received....

2) have you had a reply to the SAR yet ?

3) have you received an N1 form & claim pack from the CCBC in Northampton yet ?

if yes , post the DATE OF ISSUE from that N1 form

RomeoYankee

1) Thanks for the advice to the driver/keeper
2) The recent reply to the SAR from NCP included the following info;
- Images & NCP correspondence addressed to the Keeper
- The transaction reports from the PDT Machine
- Images of the site & relevant signage (in daylight)
NCP have not included information relating to the landowner as a "SAR does not grant access to this information" nor anything in relation to paying a debt collector.

3) The keeper has not received anything from CCBC

Coupon-mad

The driver parked from late into the early hours and at this time there was no day light and no lighting within the carpark at all (not an exaggeration)

Get photos while you await the inevitable (probably doomed, now you're here) claim.

Is it a station?

Does the NTK (PCN - the first letter) have the right poFA Schedule 4, paragraph 9(2)f warning about keeper liability or not? We encourage newbies to check that for themselves so they understand how easy it is to use the Act, which is written in simple bullet points with no legalese within the Schedule.

RomeoYankee

It is not a station but an open air car park.

The letter addressed to the keeper (the first PCN) does state that at time of notice they do not know both the name of the driver and current address for service?

RomeoYankee

Does the driver have a case if they physically could not see any signage in the car park due to completely insufficient lighting??

The_Deep

This is a scam, get your MP on side.

On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Umkomaas

RomeoYankee wrote: »

Does the keeper have a case if they physically could not see any signage in the car park due to completely insufficient lighting??

It would be the driver who could not see the signage. It’s the keeper now dealing with the ticket. Very subtle difference.

You will need photos to prove the point.

Read Vine v Waltham Forest

https://en.m.wikipedia.org/wiki/Vine_v_London_Borough_of_Waltham_Forest

The_Deep

If the sign is unreadable due to poor light the driver cannot agree to engage in a contract. No contract equals no keeper liability.

Coupon-mad

RomeoYankee wrote: »

The letter addressed to the keeper (the first PCN) does state that at time of notice they do not know both the name of the driver and current address for service?

That is not the bit from the POFA I specifically pointed you to read.

I thought I couldn't have made it clearer:

Does the NTK (PCN - the first letter) have the right poFA Schedule 4, paragraph 9(2)f warning about keeper liability or not? We encourage newbies to check that for themselves so they understand how easy it is to use the Act, which is written in simple bullet points with no legalese within the Schedule.