BW Legal and NCP

princess80

Hi all
I've read all the newbie posts and still can't find anything that is like my situation so would be grateful for any advice of which direction to take.
Received a parking fine from NCP which i appealed as a ticket was purchased. They stated that i parked for longer than i paid. It was an anpr car park and on leaving we entered the reg number and the amount came up on the screen which was paid by card. There was no option to select a length of time (i thought that was the point of ANPR car parks!)
They rejected that stating that you are prompted. Anyway i ignored their rejection and then received a couple of letters from Trace Debt Recovery which i've also ignored.
Yesterday i missed a call and searched it to find it was BW Legal and then came home to one of their £160 balance letters.
Which is the best direction to take seeing as i appealed?
I'm kicking myself for not appealing via Popla!
Any help is much appreciated.

Thanks

princess80

sorry another question that has come to mind is that i wasnt actually the driver, i was in the vehicle but not driving nor did i pay for the ticket. Can i reply to this letter from BW stating that i was not the driver?

Redx

Disregard b w legal for now , email a SAR to the DPO at NCP to obtain all your data

If NCP followed POFA then as keeper they can hold you as liable , even if you weren't driving

Yes you should have taken it to Popla

Come back if you get a formal LBC with 30 days notice , or a court claim form sent by the CCBC in Northampton

princess80

thanks very much for your reply Redx, once i have the data from NCP, what am i hoping for?

didgeridoooo

I am a beginner here so if you see anyone with a higher post contradict what I say, trust them, not me. Having said that, a few points....

"Fine" - If you have read the Newbies thread you should have it drummed in pretty hard that none of this stuff comes near the word "fine".

All situations are nuanced or uniquely different in minor ways, but the Newbie thread covers pretty much all of them, this one included. Find an approach which applies and get following some threads against the same Claimant or those involving BWL, and if possible maybe there's one for the same car park of the same issue. I would be surprised if this issue hasn't happened before, but either way, you can adapt the information to suit.

You need to add some dates and specifics, maybe a scan of documents would help, especially the NTK/PCN (first letter you received after parking event). When was the parking event? Does the BWL letter state "Letter Before Claim" or "Letter Of Claim" at top?

Block BWL's number from calling you immediately. Email and/or letter only.

If you were not the driver then POFA may be a good way to go IF they failed to comply, but I don't think defence decisions can be made until people know more about the dates, wording of documents you received etc. I assume you are registered keeper?

Not sure how relevant the circumstances will be for this (POFA may see it off and what 'happened' may not be relevant at all as you didn't park/pay/contract) but if you live near enough to pop back to the car park, and can repeat the process to video with your phone how the machine behaved, that might be worth doing if its easy. But as I said, there is a lot to clarify before we know if you even need to mention what happened.

My beginner opinion - POFA2012 is the only way they can seek recovery of monies from you as RK. If they screwed up, they don't get the transfer of liability and they can basically take a hike or go find the driver (without your help).

Umkomaas

princess80 wrote: »

thanks very much for your reply Redx, once i have the data from NCP, what am i hoping for?

...... that they don't issue court proceedings.

princess80

also, sorry as all these things are jumping to mind when i'm reading the various threads but i'm also not the registered keeper, only the owner so the alleged date of contravention was 30 June 19 but the PCN was issued 16/8/19 because they obviously wrote to the registered keeper for my details. Can i use this delay in time to appeal anything?

beamerguy

princess80 wrote: »

Yesterday i missed a call and searched it to find it was BW Legal and then came home to one of their £160 balance letters.
Which is the best direction to take seeing as i appealed?
I'm kicking myself for not appealing via Popla!
Any help is much appreciated.

Thanks

As you know, BWLegal are scamming you and the court with a fake £60.
BWLegal have been spanked in court for ABUSE OF PROCESS and that will continue whilst they continue with this rubbish.

You need to ask BWLegal on what authority they have to add a fake £60. So far BWLegal has failed to offer this authority.

Read the abuse of process thread
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

And a recent case with Gladstones Solicitors who also added fake amounts, the rep they sent to court admitted .... "that the fake add-ons WERE FALSE"


You can read it all in the ABUSE OF PROCESS thread

nosferatu1001

princess80 wrote: »

also, sorry as all these things are jumping to mind when i'm reading the various threads but i'm also not the registered keeper, only the owner so the alleged date of contravention was 30 June 19 but the PCN was issued 16/8/19 because they obviously wrote to the registered keeper for my details. Can i use this delay in time to appeal anything?

Are you the vehicles day to day keeper? Yes or No
If the vehicle is on lease, you are NOT THE OWNER - that would be the leasing company.

princess80

thank you! ok responses below;

You need to add some dates and specifics, maybe a scan of documents would help, especially the NTK/PCN (first letter you received after parking event). When was the parking event? Does the BWL letter state "Letter Before Claim" or "Letter Of Claim" at top? - the letter from BWL doesn't state either LBC or LOC its just a balance due letter and goes on to state that they will issue me with a pre action protocol letter if i don't reply.

Block BWL's number from calling you immediately. Email and/or letter only. - done

If you were not the driver then POFA may be a good way to go IF they failed to comply, but I don't think defence decisions can be made until people know more about the dates, wording of documents you received etc. I assume you are registered keeper? - I'm not the registered keeper, it's a car scheme vehicle

Not sure how relevant the circumstances will be for this (POFA may see it off and what 'happened' may not be relevant at all as you didn't park/pay/contract) but if you live near enough to pop back to the car park, and can repeat the process to video with your phone how the machine behaved, that might be worth doing if its easy. But as I said, there is a lot to clarify before we know if you even need to mention what happened. - I don't live anywhere near unfortunately

My beginner opinion - POFA2012 is the only way they can seek recovery of monies from you as RK. If they screwed up, they don't get the transfer of liability and they can basically take a hike or go find the driver (without your help).[/QUOTE]

princess80

nosferatu1001 wrote: »

Are you the vehicles day to day keeper? Yes or No
If the vehicle is on lease, you are NOT THE OWNER - that would be the leasing company.

no i'm the legal owner but not the registered keeper, it's a car scheme vehicle. But yes the day to day keeper of the vehicle.