NCP PCN/BW Legal

Louyhan

Morning all

I have a had a good read through all the advice on this forum which has been really helpful and put my mind at ease a little. However, just for clarity I would like confirmation I am following the right path please. In July driver parked in an NCP car park. Mistakenly thought it was a pay on exit (which they did pay). Fast forward 6 weeks and I received a NTK from NCP. I ignored this (wrongly in hindsight!) and all the other letters that followed. I have just received a letter from BW legal advising that if payment is not made before 13 Dec they will continue to bother me for collection. Am I correct in thinking I ignore this letter and wait for the LBC to arrive? I have 2 points of defence, firstly the NTK arrived over 6 weeks after the 'offence' occurred so out of POFA's 14 days. Secondly the driver did pay for the time parked, over in fact, which I have proof of, it just wasn't for the exact times on the ANPR!
Any help/advice is gratefully received, thank you!

The_Deep

Mistakenly thought it was a pay on exit (which they did pay).

Not sure I understand. If it was not pay on exit how did you manage to pay?

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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][/FONT]

Louyhan

Hi
When driver returned to car they realised it was not a pay on exit and so paid the correct amount for the time stayed at the pay machine using card payment.

Fruitcake

Are you sure the letter from BW isn't the LBC?

Are you sure that you received a late NTK and not a reminder?

Get pics of the site and signage asap in case the steamroller scamlicitors keeps on trundling. Also find out who the landowner is and complain if you haven't already.

Coupon-mad

I have 2 points of defence, firstly the NTK arrived over 6 weeks after the 'offence' occurred so out of POFA's 14 days. Secondly the driver did pay for the time parked, over in fact, which I have proof of, it just wasn't for the exact times on the ANPR!

You will have to be careful that one point doesn't negate the other, and not say who actually parked!

Louyhan

Fruitcake wrote: »

Are you sure the letter from BW isn't the LBC?

Are you sure that you received a late NTK and not a reminder?

Get pics of the site and signage asap in case the steamroller scamlicitors keeps on trundling. Also find out who the landowner is and complain if you haven't already.

Thanks for your reply.

Sorry, I am unable to upload links to pics as I am a newbie? Anyhow the first letter I received from NCP clearly states 'Parking Charge Notice to Keeper' in top right hand corner. I did receive a 2nd letter from NCP stating final reminder.
The letter from BW states'
...we require payment in full by 13 Dec 2019. If you fail to make payment or provide reasons for non-payment by 13 Dec 2019, further collections activity (which could be, where relevant, letters, emails, cals, SMS) will continue.'
Then says'....if you do not make payment......in accordance with the Pre Action Protocol for debt claims we will issue a Pre Action Protocol letter before claim...'
From what I have read on other posts, LBC contains forms to fill in? There were no forms etc with this letter.

Coupon-mad

..we require payment in full by 13 Dec 2019. If you fail to make payment or provide reasons for non-payment by 13 Dec 2019, further collections activity (which could be, where relevant, letters, emails, cals, SMS) will continue.'

Not a LBC then!

You should send NCP a SAR by email to their DPO on their privacy webpage though, so you get their photos and letters all in one place in one reply (hopefully electronically) which makes later defence easier for you.

The_Deep

IMO, (FWIIW), if this were to go to court, they are likely to crash and burn.

Louyhan

Hi all

I have found all the information on here really helpful over the last 18 months and it has given me the confidence to know I can wipe the smile off the faces of these greedy b******s! I have recently received my claim form dated 15 Dec 20. I have submitted an AOS on 21 Dec 20 and attach my defence here, if someone wouldn't mind casting an eye over it before I submit, I'd be grateful.
Thanks!

Le_Kirk

Two things spring to mind straight away.
1.  Your name is visible on the document attached
2.  All defences are written in the third person, whereas you have used "I" and it should be "the Defendant"

Coupon-mad

Well you might want to take down the attachment as it shows the D's full name at the top.   But I am so glad to know we give people confidence to keep defending and see these nasty parking firms off in court.

But your defence needs to be in the third person, so no 'me/my'I' and are you SURE you are being truthful by denying being the driver (just checking):

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant denies being the driver of the vehicle in question at the time of the alleged offence.

3. I first heard about this parking charge when I received a Notice to Keeper through the post, dated 19 August 2019, 45 days after the alleged offence. I have since felt repeatedly harassed by the bombardment of ‘debt recovery’ letters I have received and I might be taking the point that the Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4. 

 ''I might be taking the point''?    You either are you you aren't.

And #3 there tells the Judge nothing at all about the car park or what happened or why the driver thought they were in the right.  You need details.