Advice for PCN received

gcpc1

Hi All, 

Can you help me with the following please and suggest a way forward?  I looked at the Newbies thread but was bamboozled by the info shown.  Thanks in advance 

I was sole occupant of a car registered to my wife & drove into a NCP car park last winter (the car has subsequently changed registered ownership to me via the V5C form). 
It was a dark & wet evening (approx 8pm).  I got out the car & looked for the parking tariff but couldn't see it on the only board I looked at (maybe the prices were on it, maybe they weren't.  I can't say for sure).  I sat in the car, as was waiting for rain to stop.  It didn't, so I left the car park.  In & out in less than 12 mins.

My wife received 2 snotty automated messages from NCP over approx 2 month period.  First letter requested £80 and 2nd letter requested £160. 
I wrote back to NCP following their 2nd letter.  My letter is copied & pasted below.  I stated only my address & did not mention any names (e.g. mine or my wife's). 

Since I sent this letter to NCP, my wife's received 2 similar snotty letters from BW Legal, both requesting £160.  The latest letter from them included words to the effect of "if we haven't heard from you by 12 Aug, we may send you messages via e-mail, SMS, etc" which may be difficult as BW Legal doesn't have that info. 

Both BW Legal letters have been ignored (I've only responded once to NCP, as mentioned).  I'm prepared to ignore any further correspondence bu my wife is more jittery (esp as the letters are addressed to her - even though the car has subsequently been registered to myself).

My letter to NCP:

WITHOUT PREJUDICE

Sir / Madam,

Parking Charge Notice (PCN): 

Vehicle registration number: 

You issued the above PCN.  Your demand for payment is refused.

The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner.

The PCN indicates the above car was in the car park for less than 12 minutes.  It was a rainy evening and the driver was in the car waiting for the rain to stop.  It didn’t, so the driver drove the car out of the car park.  

Reference is made to the current BPA Approved Operator Scheme Code of Practice (2020), 13.1: The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract.

I am requesting NCP and its agents to stop sending correspondence to the above address.  They will not be actioned and be deemed harassment.

nosferatu1001

Why did you make this WP? You realise that only  hurts you, yes?
Did you get a POPLA code? 
GPEOL died, oooh, 5 years ago now. 
THe newbies thread isnt bamboozling, if you sit and read it slowly and carefully. 

Redx

If NCP and their dogs are writing to your wife , she is currently in the frame , not you , you are not a legal entity in this case , yet

If your wife does not want a Court claim in her name , she must write to NCP and name you as driver , this must be done before any court claim pack has been issued by the CCBC in Northampton

If she does not , her name will be on the court claim

She could start by emailing a SAR to the DPO at NCP first , then name the driver

The BPA CoP changed in January 2020 , so if the incident happened in 2019 then the previous one applies

Coupon-mad

Please just read the NEWBIES thread slower, and stop looking for an instant fix.  The fix and advice is there but you need to read it and not on a phone (please...).

Stop making up stuff and heading letters up 'WITHOUT PREJUDICE' when you don't know what that means!

Come back when you've read the NEWBIES thread and/or if your wife gets a court claim = the stage when these are won!  She doesn't need to be jittery, we fight these every day and have a 99% win rate with no CCJ risk and no huge costs (in fact they can't add £60 to a £100 PCN...but you need to read the template defence thread to know why). 

I am female and I go to court and happily fight these for people.  Your wife has nothing to fear and it's fun.

If your wife does not want a Court claim in her name , she must write to NCP and name you as driver 

As above from Redx, but this is basic stuff in the POFA 2012 about transferring liability and she could have done this at any time before court stage (NOT AFTER). 

D_P_Dance

 I looked at the Newbies thread but was bamboozled by the info shown.

Read it again, and again until you understand the process, which is far from simple, or else pay up, there is no quick fix.

It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

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 later this year,

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