NCP Parking Charge gone to TRACE - advice please!

Parkwang

Okay, I must admit I'm confused - I've read through the Newbies post and your responses and I realise my next step is to email their DPO address and get the address rectified, and also to deliver a SAR there to get the info/photos/etc of the parking charge in question.


But, after that I'm not able to appeal then what's the point? How do I end up not paying if I don't appeal - that's the bit I don't get...


Sorry if I'm just being thick.

The_Deep

But, after that I'm not able to appeal then what's the point? How do I end up not paying if I don't appeal - that's the bit I don't get...

You convince a judge that their claim has no merit. Judges are not fools and are very familiar with these bogus claims. in fact, as n[FONT=Times New Roman, serif]ine times out of ten of these tickets are scams, consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

Le_Kirk

Parkwang wrote: »

But, after that I'm not able to appeal then what's the point? How do I end up not paying if I don't appeal - that's the bit I don't get...

You are preparing yourself to defend it in the small claims court (if it gets that far) by accruing all the evidence against you and then researching possible/probable defences on this forum. You are also making sure that any future correspondence goes to the correct address so you don't end up with a judgment in default.

Coupon-mad

In court, like everyone else here who wins does in the end!

99% win rate for those who follow our advice at all stages, with NO RISK AT ALL.

Parkwang

Hi again all,

Finally got a reply to my SAR from NCP (3 weeks later!).

Basically I stated in the email that I'd changed address and hadn't received their letters, so I don't view their "final demand" as being valid. I also told them to erase my old address, and if they require my new address they are welcome to request it from the DVLA which is, and always has been, correct and up-to-date.

Their response was to email me all previous correspondance, showing it as being addressed to my old address, with photos attached of the front of my car entering their car park at a time, and a picture of the back of my car leaving their car park around 20 mins later (trying to keep it vague-ish). It shows the car and registration clearly but doesn't show the car parked in any bay and doesn't show the occupants of the car either.



They also showed the personal info they hold on me, which still showed my contact details as my previous address, which as my email to them had clearly stated, is incorrect and has been since they generated the invoice.

What are my options now guys? Obviously I would have appealed this on the basis of it not showing my car parked in a space, but because they sent to the wrong address that option is no longer valid.

Umkomaas

Basically I stated in the email that I'd changed address and hadn't received their letters, so I don't view their "final demand" as being valid. I also told them to erase my old address, and if they require my new address they are welcome to request it from the DVLA which is, and always has been, correct and up-to-date.

They can't have another go at getting your address from the DVLA. It's once only per parking charge. DVLA will have given them your address as per your V5C logbook - not your driving licence - at the time of the parking event.

You need to give them your current address, otherwise you risk a court claim going to your former address, and if you miss that, then you're staring down the barrel of a judgment in default against you, a CCJ and credit grief for the next six years which will be costly and a real PITA to unravel.

Get on and supply your current address.

KeithP

You need to tell them your current address.

I don't understand why you didn't do that.

The risk is all yours that they continue to use your old address, a court claim goes unanswered and you receive a County Court Judgment against you that you have had no opportunity to defend.

Parkwang

Oh, I didn't realise that. Thing is the debt collectors have my current address so I assumed they were able to get it too. I'll just reply to the email and state that they still have my address wrong and I'll supply the new one then.



I don't want tosound ungrateful (because I do need the help) but please don't make it sound like it's obvious RE: supplying the new address. All advice on this forum is in the vein of "don't tell them this" and "you don't have to supply them with x" so I was acting with that principle in mind. This is the first time I've done anything but just pay the fine and so nothing is obvious to me!



Anyway, aside from the address what do I need to do next? Is there any weight behind the argument that they don't have a picture of my car parked in the bay? Am I stuck with paying the £160 "final bill"? What do I do?

KeithP

Parkwang wrote: »

What do I do?

After notifying the PPC of your current address, you then wait patiently for either a Letter of Claim or official court correspondence to drop through your letter-box.

Then refer to post #2 of the NEWBIES thread for guidance on how to deal with those things.

Parkwang

Hi all,


I've finally received my Letter of Claim through the post - they've also added another £85 onto my "bill".



I see the newbies thread says at this point to reply and ask to restrict processing whilst I get a SAR. I've actually already got a SAR from the parking company a month or so ago and their records just show photos of my car entering the carpark and leaving 15-20 mins later. Doesn't show the car parked at all. I also went back to the car park and took my own shot (from a dashcam) of the entrance which shows a tree in front of the sign that explains the charges, in case I need it for evidence. Really my defence I think hinges off of what I explained previously, where they sent all correspondence to my old address until it got to debt collection stage.



Anyway, do I just wait for court papers proper to drop through the letterbox now, or should I send some sort of reply to their legal reps (remember, I don't need to ask for a SAR)?


Many Thanks,
Joe