Notice of Proposed Allocation to the Small Claims Track

Fanta41

Hi All,

I maybe should have come to this forum for advice sooner but have only just discovered it. Would really appreciate some advice, I’ve had a read through the stickies and think I am right in creating a new post due to being so far down the process already.

I have just received a ‘Notice of Proposed Allocation to the Small Claims Track’, the client is UK PARKING PATROL OFFICE LIMITED and BW Legal are handling this.

This is in relation to a parking offence dating back to August 2016 at Newcastle Airport, which I appealed at the time and received no response. Below I have posted the defence I submitted as part of the Defence and Counterclaim N9B (SDT) form, I hope this sums up the whole situation in enough detail for you guys. I’ve removed my personal details from the wording.

Now, this reading this forum I can see I’ve not responded in the best way I could have, but hoping to get some help for you guys now.

The amount they are requesting back is 253.50, this is including the court fees etc.

I genuinely don’t feel like I am in the wrong here, if I am I would have been willing to pay the cost of the ticket at the reduced rate at the time, however I feel like this option has been taken away from me.

I think where my defence falls down is that I have no record of the appeal as I submitted this online and don’t appear to have received an email confirming the submission of the appeal, or at least I don’t have it any more. I communicated this to BW Legal when they first approached me and they just said the client hasn’t mentioned an appeal so they are proceeding.

Any advice would be greatly appreciated, thanks in advance.

Defence and Counterclaim N9B (SDT)

I do not agree with the charges relating to the ticket I received in August 2016 and as per procedure I appealed within the timeframes given. I submitted my appeal through the online process which was detailed on the original ticket. I did not hear any response following the submission of my appeal, therefore I considered my appeal must have been successful.

After 2 years, I was contacted by BW Legal, who requested payment for the parking ticket. I responded to them explaining that I had appealed the ticket at the time. They essentially said that they weren’t told of any appeal and want me to pay for the ticket. There was no mention of even looking for or considering my appeal.

This feels like I have been placed in a very unfair position through no fault of my own. I submitted an appeal via the NCP website as directed, however now BW Legal have taken over the case my appeal is seemingly being completely ignored. I have tried to log into the NCP website and retrieve the details of the ticket and appeal, however it appears that there is no longer a record of the ticket/appeal, and therefore I can’t view this. Again, just building on the unfair position I’ve been put in due to the appeal being ignored and passed over to BW Legal.

Below I will detail what happened when I received the ticket and the reasoning for my appeal.

I was flying from Newcastle Airport on the 04/08/2016 for a family holiday, we were all stopping over at the hotel which is located right outside the airport, I have also attached booking confirmations for the hotel stay and parking, these were sent as part of my appeal.

I drove my partner, her sister and myself over from Carlisle. Before going to park in the long stay car park which was pre booked, I dropped my partner’s sister off at the hotel with ours cases. When we pulled up at the hotel there was a barrier down stopping us from entering the hotel car park, so she quickly got out of the car, grabbed the cases and we swiftly left to go and park in the long stay car park before returning to the hotel. We were stopped for a very short period of time, I would say around 30 seconds (the exact timings were on the original ticket which I no longer have), hardly longer than it would take someone to turn a car around, therefore I feel it is unfair to state that we were parked where we were. We paid for our parking separately and feels unfair and incorrect to be charged for this.

On top of this I feel the fact that my appeal appears to have just been ignored (if not deleted) extremely unfair and I suspect illegal. I followed the correct procedures to appeal the ticket, if my appeal was successful or not I should have heard back from them. Part of the appeals process is freezing the reduced price of the ticket, with my appeal being ignored this seems to be a way this company can just bypass their own procedures and receive more money, threatening legal action to try and scare people into paying up.

Taking the above into account I don’t feel like I should be required to pay anything to BW Legal as I don’t believe the appeals procedures have been followed correctly, if at all.

Quentin

Is that the defence you sent to the Court??

Fanta41

Yes it is,

Now I've read a the info on this site i understand this isn't the best...

Fanta41

Morning all,

Is anyone able to help with this? Cautious that the clock is ticking on responding.

Is the mediation offered worth doing?

Thanks
Fanta

Coupon-mad

Is the mediation offered worth doing?

No - AN ABSOLUTE NO - and you'd would know it's not, after reading bargepole's thread about Court procedure. It's linked in the 2nd post of the NEWBIES thread.

I think where my defence falls down is that I have no record of the appeal as I submitted this online and don’t appear to have received an email confirming the submission of the appeal, or at least I don’t have it any more.

That doesn't matter at all and will obviously be rectified by you sending a SAR to UKPPO's data protection officer, as the NEWBIES thread tells all Defendants to do, to see all letters & photos. It will flush out that appeal and their reply, if any.

Where your defence falls down is that you didn't come here first and submit the stronger defences used by all the others on the UKPPO Newcastle Airport joint thread. And because you talked about appealing to NCP, who are a completely different firm...it makes no sense.

I communicated this to BW Legal when they first approached me and they just said the client hasn’t mentioned an appeal so they are proceeding.

You will know from the UKPPO Newcastle Airport joint thread that everyone is at the same stage as you.

You need to pm the thread stater and join their whatsapp group and get in gear for a far better and stronger Witness Statement and evidence, assuming you have returned the DQ (what boxes to tick are covered by bargepole in his thread about Court Procedure).

And do that SAR, as explained in the sticky thread.

We assume you DIDN'T pay £25 to the CCBC for a counter claim (hope not, as you didn't write one).

Fanta41

Thank you very much for the detailed response, I will contact the starter of the other thread and get into the whats app group.

When i'd looked on that thread it appeared I was slightly further on as i'd received the notice of proposed allocations to small claims court.

I have until the 29th complete the smalls claims directions questionnaire so will speak with the guys in the other thread/whats app group before returning that.

I should be sending the SAR immediately though yes?

Can confirm, I've not paid £25 for the counter claim

Thanks again for your response, and further advice is really appreciated.

Coupon-mad

I should be sending the SAR immediately though yes?

Yes, it forces them to declare most of their evidence nice & early which helps you at Witness Statement stage.

I've not paid £25 for the counter claim

Good, because you didn't plead one that would have had any chance.