NCP parking ticket- I won!

Coupon-mad

At #25 I would be referencing the relevant paragraph of the POFA Schedule 4 to show that the law doesn’t require a ‘signature of the driver’ for a registered keeper to transfer liability.

Also if there was a £500 counterclaim as this suggests (?) then change the heading to show she is the Defendant and Part 20 counterclaimant’.  You will also need case law to support a counterclaim for harassment (Ferguson v British Gas) and other similar cases such as VCS v Ferguson.  

If there wasn’t a counterclaim then she can delete half the words about her distress and harassment because she’s not trying to argue for a remedy for that conduct.

Finally, NCP very often don’t use POFA wording in their NTK anyway.  Did they comply with para 8 or 9 as to the date of service of the NTK AND the wording needed, including but not limited to the keeper liability warning in 8(2)f or 9(2)f?

if they didn’t comply with the POFA (and I reiterate, NCP rarely bother) then her WS needs to point out to the Judge that even if she hadn’t transferred liability (which she did) the Claimant cannot rely on any applicable law to hold her liable and has utterly wasted her time and ruined her health and peace of mind for no justifiable reason, from the moment they/their agents knew she wasn’t the driver. 

Eminowa

@Coupon-mad. i think they did comply this time on pofa on 8(2)f and 9(2)f for NTK.

Umkomaas

Eminowa said:

@Coupon-mad. i think they did comply this time on pofa on 8(2)f and 9(2)f for NTK.

If it's a single ticket (I've not scrolled back through the entire thread), it can only be one or the other, not both. 

Para 8 relates to windscreen tickets
Para 9 relates to PCNs via post, typically (but not restricted to) ANPR camera captures. 

KeithP

Eminowa said:

@Coupon-mad. i think they did comply this time on pofa on 8(2)f and 9(2)f for NTK.

OK, you tell us they did comply with pofa on 8(2)f and 9(2)f for NTK - only one of those is relevant.
But what about the date of service of the NtK, and the necessary wording? 

Eminowa

                  WITNESS STATEMENT OF DEFENDANT

1.       I am (your name) of (your address),I am the defendant against whom this claim is made. I have very little legal knowledge regarding court proceedings and no legal training, the defence and witness statements have been created from my own research, so please accept my apologies for anything which does not look normal. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

2.       In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated, and I will say as follows

3.       Firstly, the defendant is the registered keeper of the vehicle (XXXXX), but was not the driver of the vehicle at the time of the convention.

4.       The defendant only knew about the parking convention on the 19th July 2020, when she received a letter through by post.

5.       On the 20th of July 2020 the Defendant made an appeal to NCP and this appeal was rejected the next day the 21st of June 2020.

6.       The Defendant then received a final reminder notice on the 25th of August 2020.

7.       The defendant started receiving threatening letters from bwlegal.

 

 

THE CHRONOLOGY OF EVENTS (PRE-ACTION)

 

8.  Subsequent to the alleged event, on the 19th of July, I received a Notice to Keeper from the Claimant which arrived in the post with a demand for £100, payment to be made within 28 days. Their Notice to Keeper [PCN] is attached marked as “Exhibit A page x”.

 

9.  I wrote an appeal on the 20th of July, stating that (give information about any appeal made).  The appeal is attached on “Exhibit B, page x”   The Claimant rejected my appeal the following day the 21st July 2020

 

10.  Exhibited to this witness statement is the attached letter-chain (exhibit x) which includes:

 

a) All correspondences received and made to National car park Limited

b) All correspondences received and made to BW Legal.

 

11.  Some xx months had now passed after previously dealing with NCP - a letter from the Claimant’s Solicitors named BW Legal wrote a letter to me dated xx/xx/xx. . It was a “FINAL NOTICE” with a last warning that if payment of £160 is not forthcoming - a County court action may be issued against me (Exhibit x, page x) The threat of a CCJ not only affected my frail mental and physical health but it could ruin my credit worthiness and employability. I was so distressed by these letters and was brought to a state of distress and anxiety, I was so shocked and angry to have to be put to defend against this false claim coupled with the facts that I just lost my Mom and I can’t even move due to the cyst in my spinal cord as a result of my chronic illness ( syringomyelia)

 

12.  I wrote a letter to BW Legal (or whoever) on xx/xx/xx via email stating the facts that I wasn’t the driver at the time of the convention. I proceeded to provide the name and serving address of the driver at the time of the convention, BWlegal was demanding myself and the driver has to sign before liability would be transferred.(Exhibit x page x).

13. On the 29th of March 2021, Bwlegal sent the defendant a letter confirming their refusal to transfer liability to the driver, unless the defendant produce a signature of the driver.

14. Bwlegal continued to threaten the defendant with a court proceedings. CCJ and debt collection activities if the name and signature of the driver isn’t produced within 14days.

15. The Defendant wrote to both BWlegal and NCP on the 27th of May 2021 and also the 7th of July 2021, stating she wasn’t the driver of the vehicle, reminding them of breaching KADOE as well as DPA 2018.

16. The defendant also make it clear to both bwlegal and NCP that they would be facing a counterclaim for £500 for harassment and discrimination of a disabled person (Exhibit C)

 

 

17. On the 12th of March, I went in for a major brain operation, and was in Hospital for 3 weeks, and was bed-bound on my return home for another 8 weeks. I could barely look after my 4yrs old daughter or even move.

18. While trying to focus on my health and not think too much about my late mother, I  received a letter before court action from Bwlegal dated xx/xx/xx (Exhibit x, page xx) arrived out of the blue despite me providing the name of the driver.  BW Legal was demanding I fill out my wages, set up a payment plan or pay the money in full or I face county court judgement.

19.  Demands after demands and threatening letter after threatening letters were sent.  Despite communications submitted in writing, the demands still continued .

 

 

THE EFFECT OF THE DEMANDS ON MYSELF AND MY FAMILY:

 

20.  Nothing I ever did would stop it. The threats were threefold in nature: those to start legal proceedings against me could caused me considerable anxiety, distress and harm to having bailiffs turn up at my door to remove goods and having a CCJ being recorded at the credit reference agencies for 6 years.

 

21. Not only a CCJ would harm my Mental health, I could also lose my belongings through a debt collector.  What matters most to me is the threat of my credit rating being destroyed causing significant problems applying for loans and mortgages.  I wrote letter after letter and repeatedly asserted that I was not the driver - and I named who was and properly provided their address for service - but to no avail.   The majority of my letters received no response at all - especially not from the Claimant. I had received letters requesting me to provide a signature of the driver which wasn’t feasible at the moment as I was recovering from major brain surgery and I was bed-bound. Besides being bed bound, I was also at high risk of contacting and dying from Covid-19, But then the demands and threats continued. I wasted so many hours of my life on this, grieving my late mum and focusing on my health, I was brought to a state of considerable anxiety and distress on multiple occasions, not knowing whether if I would end up with a County Court judgment and a bailiff would come at any time to remove all my goods, whether I missed a court claim form such that legal proceedings might have already been brought upon me or it had already been reported to a credit rating agency.

 

22.  A further letter dated xx/xx/xx headed as “ LEGAL RECOVERY ACTION” the content of this letter stated that I had failed to pay or make contact to discuss the repayment of this debt, their client has requested them to commend legal action against me. (The letters received from bwlegal are attached (Exhibit x, page xx).

 

23. Due to the fact that I was still grieving my Mom and I was still recovering from my Brain surgery and I was in a lot of pain and on a very high dose of Opioid (pain killers), my anxiety level heightened and I became depressed. I did not contact them to discuss it with them again.  At the same time, my thoughts were “what’s the point?”  On previous occasions, it was never dealt with. I couldn’t bring myself to go through this process again. I decided to focus on my health, to get myself better for myself, 5yrs old daughter and my family.  I started experiencing panic attacks each time I hear my bell rings. I honestly believed they were going to come knocking on my door and clamping my car.

 

24.  At this point I was so angry and distressed that the fact I was put to defend against this bogus demand yet again! It was a never-ending nightmare.  I couldn't see this will ever be resolved at all.  The thought of having to go to court terrified me and it still does.   I wrote an email to the Claimant on xx/xx/xx (Exhibit x, page xx) , explaining that I had written and emailed on separate occasions and they were all blatantly ignored.

25. Paragraph 3.5 Schedule 4 of POFA by law doesn’t require a ‘signature of the driver’ for a registered keeper to transfer liability. In this case, the defendant was provided both the claimant and their solicitor (Bwlegal) the name and serving address of the vehicle, but they have refused to abide by the law to transfer liable without a signature. (Exhibit C). Up till this very date, the Claimant has refused to reply to my email or transfer liability to the driver.

26 Paragraph 9.2 schedule 4 of POFA also states that If the driver's details are provided by the registered keeper, then the landholder must pursue the driver for the unpaid parking charge, and the registered keeper cannot be liable for the charge. But NCP and their client Bwlegal has chosen to ignore this and kept chasing the defendant for an unpaid parking ticket.

27. On the 17th of July, Bwlegal wrote to me, stating they have received a copy of my  Defence. Bwlegal stated that they are willing to proceed with the matter in court, regardless of my reason for disputing the claim. Bwlegal proceed to inform me that they are confident that the court would find it in their favour in the hearing, and that a CCJ would be entered against me together with additional court cost and that they are giving me up until the 26th of July to pay the money in full. (Exhibit x, page xx).  This letter gave me a panic attack.

28. The claimant cannot rely on any applicable law to hold the defendant liable and has utterly wasted the courts time and also the defendant’s time, ruined her health and peace of mind for no justified reason, from the moment they/their agent knew she wasn’t the driver. when

 

CPR 44.11 - further costs

29.     I am appending with this bundle, a fully detailed costs assessment which also covers my proportionate but unavoidable further costs and I invite the court to consider making an award to include these, pursuant to the court's powers in relation to misconduct (CPR 44.11). Exhibit 5.   In support of that argument, I remind the court that I appealed and engaged with the Claimant at every step and they knew all along that I wasn’t the driver of the vehicle. Not only could this claim have been avoided and the Claimant has no cause of action but it is also vexatious to pursue an inflated sum that includes double recovery.  This is compounded by the witness altering the Statement of Truth (an attempt to avoid a personal duty) and attaching stock images of signs instead of actual images and a redacted 'landowner authority' document that could be from anyone.

 

 

My fixed witness costs - ref PD 27, 7.3(1) and CPR 27.14

30.     As a litigant-in-person I have had to learn relevant law from the ground up and spent a considerable time researching the law online, processing and preparing my defence plus this witness statement.  I ask for my fixed witness costs.  I am advised that costs on the Small Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly unreasonable conduct' is made against the Claimant) the Court may not order a party to pay another party’s costs, except fixed costs such as witness expenses which a party has reasonably incurred in travelling to and from the hearing (including fares and/or parking fees) plus the court may award a set amount allowable for loss of earnings or loss of leave.

31.  The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) are: (1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing ... a sum not exceeding £95 per day for each person.''

 

 

STATEMENT OF TRUTH:

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

name

 

signature

 

date

Eminowa

KeithP said:

Eminowa said:

@Coupon-mad. i think they did comply this time on pofa on 8(2)f and 9(2)f for NTK.

OK, you tell us they did comply with pofa on 8(2)f and 9(2)f for NTK - only one of those is relevant.
But what about the date of service of the NtK, and the necessary wording? 

this are the wordings on the PCN. please have a look n see if it does or doesn't. am not too sure please
 Dear xxxxxx,
 The driver of the above vehicle is liable for a Parking Charge of £100 This charge relates to the period of parking specified in this document, the charge having been incurred due to the following breach of the car park terms and conditions of use: Parked without payment of the parking charge and liability for the same having been brought to the attention of the driver by clear signage in and around the site ( Wolverhampton Summer Row ) at the time of parking. The breach relating to the period of parking was recorded by an approved ANPR camera. Payment is now required to the sum of £100, which must be paid no later than 42 days from the date this notice is given. However, if payment is received within 28 days from the date this notice is given, then a reduced amount of £60 will be accepted in full and final settlement.
We, National Car Parks Limited, are the creditor. At the time of this notice we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle -
YOU ARE NOW INVITED TO:
(i) Pay the unpaid Parking Charge; or
(ii) If you were not the driver of the vehicle, to notify us (in writing using the Driver Identification Form on the reverse) of the name of the driver and a current address for service for the driver AND pass this Notice on to the driver.
Please be warned: that if, after the period of 28 days beginning with the day after that on which the Notice is given (i) the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, and (ii) we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from you, so much of that Parking Charge as remains unpaid.
Additional charges may be recovered from the liable party if debt recovery action or court proceedings become necessary. This notice is deemed to have been given to you on the second working day after the date of sending above. You must choose to either pay OR appeal this notice. If you choose to pay, any subsequent appeal will not be heard.

Coupon-mad

Ok the wording is compliant.  What’s the date of parking event and date of issue/posting, and I don’t suppose you kept the envelope showing if they used The Delivery Group?

Eminowa

Coupon-mad said:

Ok the wording is compliant.  What’s the date of parking event and date of issue/posting, and I don’t suppose you kept the envelope showing if they used The Delivery Group?

here are the dates... I think NCP are on the ball.

 Parking Charge Notice number      :xxxxxxxx
Vehicle registration number            :xxxxxxxx
Date of Incident                               :13/06/2020
Date of sending this Notice             : 18/06/2020
The cost :                                        £100
28 day discount period cost  :         £60
Pay by date   :                                30/07/2020

Eminowa

can i use this section on POFA? because the paragraphs seem to be different to that of POFA schedule 4 on the gov.uk website. please can someone check this out for me pls, so I don't quote the wrong paragraphs please

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

Eminowa

is this the right email address to file my WS with Wolverhampton county court please?

Filing and records: e-filing@wolverhampton.countycourt.gsi.gov.uk