NCP ignored correspondence, Court papers issued

MauiJim

Hi all

You have probably heard all of this before, but I am now struggling to determine the next move.

I know this may sound contrived, but please cut me some slack. I am trying to help a friend who is now not well enough to continue with the issue. He was helping someone else who does not have English as their first language.

Here is the abridged version.

An NTK arrived, but the car was no longer in her possession. Her partner buys and sells cars and the car in question had been sold. I think Arthur Daley would be a polite way of describing him. She had no knowledge of the driver but just assumed the issue would go away. Foolish I know, but I cannot change that event.

The next letter came from BW Legal and she started to panic. My friend, who is no expert drafted a SAR letter to NCP and also sent it to BW Legal.

BW Legal said they would comply but it would not stop the case.

NCP provided the documents and the NTK was issued way outside the 14 day period. It was all performed by ANPR cameras. I cannot give the exact days but I think it was around 33.

Another letter was drafted on 06/01/2020 and sent to NCP, a copy was not sent to BW Legal. It was a template from an unknown source which claimed they had not complied with POFA 2012 and so they could not transfer liability to the keeper. It explained the driver was unknown and no assumptions could be made.

She thought that would be the end of the matter because a friend had a similar NCP saga and they had withdrawn the claim. Yes, it was a different town but similar failure with regards POFA.

Yesterday, BW Legal sent a Court Summons. They seem to have ignored the correspondence and proceeded with court action.

I am now trying to help her because my friend is unwell and in no position to continue assisting.

I can get all the letters (I hope) but there will be a delay. Her husband is a tyrant and objects to "outside help". He thinks he will bury his head in the sand and it will all go away but she is beside herself with worry.

What is the next step, good folks? I presume we have to defend the case as any letters to BW Legal will be ignored?

Please help

beamerguy

You have not received a summons ...... it is simply a claim for an unproven debt

Please list the charges BWLegal are claiming for

The_Deep

As Beamer says, this is just an invoice from an ex clamper, no big deal, have you read the stickies?

[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, 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]

MauiJim

beamerguy wrote: »

You have not received a summons ...... it is simply a claim for an unproven debt

Please list the charges BWLegal are claiming for

Sorry, yes I called it a summons.

I am hoping to get all of the documents today. Sadly, my friend is in the hospital so trying to contact the lady is tricky. I hope to make contact with her soon.

Thank you for the speedy reply

MauiJim

The_Deep wrote: »

Have you read the stickies?

Yes, but I was unsure about the next procedure. It seems that the court looms only when the appeal was denied. They sent nothing and just pressed on with a court claim. That has thrown me but I will try and read through all the stickies again.

I have wrongly assumed that once a counter-argument about non-compliance and the driver not being known they would not proceed to court. I have now accepted that is not the case.

waamo

The next thing to do is an acknowledgment of service. Your friend needs to do this.

You need to get working on a defence too. You say you've found the stickies. That's good. Post 2 of the Newbies thread explains the process

Le_Kirk

waamo wrote: »

The next thing to do is an acknowledgment of service. Your friend needs to do this.

You need to get working on a defence too. You say you've found the stickies. That's good. Post 2 of the Newbies thread explains the process

Or, whoever is named on the claim form as the defendant needs to do it.

The_Deep

Have yo complained to the BPA about their failure to acknowledge the appeal. Do not expect John Lewis customer service from these clowns.

MauiJim

Le_Kirk wrote: »

Or, whoever is named on the claim form as the defendant needs to do it.

Yes, it's not my friend who is on the claim, it is his friend and I am trying to contact her. That is what makes this so tricky, I am trying to pick up the pieces because my friend is now unable to continue. It is a case of the short-sighted leading the blind!

MauiJim

The_Deep wrote: »

Have yo complained to the BPA about their failure to acknowledge the appeal. Do not expect John Lewis customer service from these clowns.

I will complain to them, I am just trying to get hold of the paperwork so there is less stumbling in the dark.

I had a phone call last night from my friend. He had been unwell but made a slight recovery. Sadly, things have worsened and he is back in the hospital. I cannot phone him but he is hopefully phoning me this morning.

waamo

Just to be clear is this a "friend of a friend" you are helping? The other question is would a ccj actually matter to them?

If this is all 4th hand information it's going to get confusing. This is going to be garbled Chinese whispers.