Help Please... NCP PCN BW Legal

Mrplay123456

Firstly sorry, my head is full and a banging headache reading too much today... Many thanks in advance...

What should I do?

I know I mess up giving my name on the online appeal, so they know who was driving, wish I had the time to search and read all the great sites that are on the internet now.

NCP PCN issued, I thought I had paid the correct fee.

I appealed and lost

I appealed to POPLA and lost

Went to pay as soon as I returned to UK after a long visit to China, could not pay online or by phone, sent Emails offering to pay, but got reply back saying "gone to Debt collectors".

Debt collector letter came..Not paid them, due to their attitude. And increased costs to £160.00 this was first from a company Named "Trace"

Then Letter`s and phone calls started coming from BW Legal " Told them to never call me, I was getting 3 or 4 calls a day" ( I even tried the "These are my terms" outlining my fees for letters and phone calls, they wrote back  not accepting them, saying they have a legal right to charge the fees and abide by the Court Rules, seems "Abuse of Process" is not something they think about, if my understanding is correct. Also stating I am frustrating the matter and about to waste court time Etc.

Claim form N1 dated 04/02/2020 received from Northampton yesterday 06/02/2020... For £246.88 Amount claimed £171.88 + £25.00 Court fee + Legal cost £50.00

Notice for CCC received today from BW Legal for £246.88 Dated 04/02/2020 Received 07/02/2020

Today..07/02/2020 Emailed a SAR request to BW legal to forward to NCP

So what do I do?

Do I enter a defence for the extra fees that have been added and hope the court will throw it out on "Abuse of Process"?

Or

Contact BW Legal and offer to pay the PCN £100.00 only, and point out the Abuse of Process?

Or has someone got more or better ways to sort this out?

KeithP

Mrplay123456 said:

Claim form N1 received from Northampton yesterday...

You say you received the Claim Form yesterday, but what is the Issue Date on the Claim Form?

Mrplay123456

Issue date is 04 Feb 2020, Bw Legal Notice is the same date as well...

KeithP

Mrplay123456 said:

Issue date is 04 Feb 2020, Bw Legal Notice is the same date as well...

With a Claim Issue Date of 4th February, you have until Monday 24th February to file an Acknowledgement of Service. If possible, do not file an AoS before Wednesday 5th February, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of [U][URL="https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]the NEWBIES FAQ sticky thread[/URL][/U]. About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Monday 9th March 2020 to file your Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

When you are happy with the content, your Defence could be filed via email as suggested here:

1) Print your Defence.

2) Sign it and date it.

3) Scan the signed document back in and save it as a pdf.

4) Send that pdf as an email attachment to [email]CCBCAQ@Justice.gov.uk[/email]

5 Just put the [B]claim number[/B] and the word [B]Defence[/B] in the email title, and in the body of the email something like 'Please find my Defence attached'.

6) No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

 

After filing your Defence, there is more to do...

7) Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.

8) Wait for your own Directions Questionnaire from the CCBC, or [U][URL="https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track"]download one from the internet[/URL][/U], and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of [U][URL="https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]the NEWBIES thread[/URL][/U].

9) The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.

10) Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Mrplay123456

AOS completed today 11/02/2020

Mrplay123456

Also what are peoples thoughts on the Particulars of the Claim? I did enter 2 appeals, so not sure what the failed to pay within 28days is about, or is this also wrong on the claimants part?

Redx

a keeper is always given 28 days to pay up or appeal for an NCP case, so its true , they demanded the money , gave 28 days and you failed to pay it, its simply stating the facts , if you appealed and failed , twice , you were again given 28 days to pay it , so you failed to pay on at least 3 occasions plus any subsequent debt collector letters were unpaid as well, so I have no idea why you are querying those facts which wont help you one bit

its an invoice for say £100 , you failed to pay it, end of

its the additional spurious charges that you and everyone else object to, so the added £60 and the interest as well, but then you concentrate on defending the core term, the £100 invoice (pcn) which you had some reason to dispute in the first place (because you appealed , twice)

D_P_Dance

As there has be a claim for unlawful amounts, report the solicitor to the SRA

https://www.sra.org.uk/

and be sure that the judge knows about it.

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.

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.

nosferatu1001

OP - get a defence written. Noone will pay these scammers. 
But
We dont know what you supposedly did or didnt do. You managed a whole lot of info without establishing any actual facts. 

Mrplay123456

nosferatu1001 said:

OP - get a defence written. Noone will pay these scammers. 
But
We dont know what you supposedly did or didnt do. You managed a whole lot of info without establishing any actual facts. 

I was confused with the change of the car park (Used for many years) from take a ticket to ANPR pay and display, I under paid by £2.00, Machine said £3.50 which I paid, I paid on exit and not on arrival, but this was not highlighted to be a the problem, just the unpaid overstay. This is why I appealed, thought I had paid for my parking.

Then came along the PCN, so I did appeal to them and POPLA, but was refused, I was then away from home and then tried to pay on my return, online , phone and email and they said it was now in the hands of debt collectors. with extra fee of £60.00.

So attempts were made to pay, but their process seems to be wrong to ignore my offer to pay and waste my time and the courts.
I ignored the letters and then received many phone calls and letters from BW Legal, who have now made a claim for £246.88

Hope this helps to understand?
I have all emails and chat record from NCP and letters from Debt collectors...

nosferatu1001

I still have no idea what you failed to do on the day
"Machine said £3.50 which I paid," - so how come you underpaid?
"ANPR pay and display" v  "I paid on exit and not on arrival" - so how can you possibly pay and display?

Be clearer.