Sorry another BW legal thread!

Coupon-mad

Are we to late to appeal to ncp now as the appeal window has closed and BW are involved?....

Yes, too late to appeal.

Bad Googling. We haven't told people to ignore NCP PCNs since 2013, SIX years ago!

Have you missed the NEWBIES thread 2nd post about winning in court, that tells everyone that we have a 99% win rate for over two years in court cases defended with our help & assistance, where people have stuck around and complied with all court directions and then attended a local hearing, and won?

Of course we are confident, we do this every time.

The PCN sum was never £160, so even if the court is not with the Defendant about the actual case (in the 1% of cases we see lost) at least we teach people how to argue and show that the added £60 is a lie and abuse of process which needs to be struck out.

NO-ONE WOULD BE DAFT ENOUGH TO PAY £160 TO AVOID PAYING NOTHING.

Le_Kirk

Oliveoil88 wrote: »

Just to add, no, they haven't sent any evidence to use in court or extra forms to fill in.

Just demanding money within 14 days

Not a proper letter of claim then. As posted by others, it's a begging letter from debt collectors dressed up as a letter of/before claim.

Oliveoil88

OK letter before claim has come today.. I will follow directions in post #2

KeithP

Now that you have asked for people to PM you, please take care about who you deal with.

There are many people out there who may not have your best interests at heart.

My suggestion to you would be to keep everything on this open forum. At least in that case if you are given wrong information others will see it and instantly (or near instantly) correct it.
That cannot happen with duff guidance via PM.

Take care.

The_Deep

Oliveoil88 wrote: »

You guys seem confident

So are you saying best case scenario is we have to pay £100 and not the £160?

Is the chances slim for not having to pay anything at all?

Thanks guys!

If you were taken to court and lost you would probably have to pay £175 - £200.

However as most of these tickets are scams the majority are won by the motorist. Add to the pressure, complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Oliveoil88

Thanks for info, I'm wanting to keep everything on this thread rather than PM.

I'm looking for advise on a better defense than I think I have and thought members would be more open to telling me things I could say via PM than telling me on a open forum.

Coupon-mad

So the only way of winning is the hope the judge on the day views the case as a scam

No.

The signs were unclear & confusing and the parking charge was not in the largest lettering, nor listed at the point of sale (the PDT machine) as a tariff at all.

Was the PDT machine working? Did it accept cards or had she no change?

And of course, the app didn't work in the car park (signal dodgy?) so she tried at home and still couldn't get it to work, so she phoned NCP in good faith pay the tariff and the claimant refused, preferring to penalise people, which is not the 'legitimate interest' scenario in the ParkingEye v Beavis case.

And NCP are not the lease/landholder (are they?) so they have no interest in the land...

All the usual stuff plus the above facts.

And of course the fact the added £60 is disallowed by Beavis, the POFA and the CPRs on proportionate costs that are justified and truthfully incurred (not the £60 'debt collection letters' lie).

Search the forum for a post by me this month, with keywords perfect defence.

Oliveoil88

For the record

NCP - SAR requested

BW legal contacted to request the account be put on hold

Oliveoil88

Just to clarify.. From reading, it's says I don't need to reply with any of BW legal reply forms with my finances etc from the newbies thread

From studying this post - "Court Claim Procedure (updated October 2016)*

Its says
"You should now Acknowledge Service of the claim, ticking the box that says you will defend in full. Do NOT put anything in the 'Defence and Counterclaim' text box, not even a full stop"

So I should send the return forms back to them and tick this box only?
" I dispute the debt, tick this box if you don't owe the debt etc etc etc
Explain on a separate piece of paper why you disbute the debt, give as much detail as possible and provide copies of any supporting documents"

If so should I send recorded delivery? and also scan and email the the dispute letter to their email address for keeping records

I now should create a MCOL account and begin working on my defense?.

As mentioned in my last post this what I've done so far.

NCP - SAR requested

BW legal contacted to request the account be put on hold

I'm sorry if this is obvious! I just want to make sure I'm doing it correctly.

KeithP

None of that stuff applies until you actually receive a County Court Claim.

You cannot acknowledge service of a Claim until then.