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NCP parking ticket- I won!

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Comments

  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    regarding the NCP parking ticket, we have just received a county court claim form today. it's from BW legal.  the claim says as follow.
    The claim is for the sum of £173.44 being due from the defendant in respect to a parking charge notice (PCN) for a contractual breach which occurred on the xx/xx/2020 in a private car park/land at xxxxxxxxx in relation to a xxxxx registration mark xxxxx.
    The PCN was issued as the driver failed to comply with the terms and condition, as displayed. despite demands, the charge remains unpaid. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum ( a daily rate of 0.04) from the xx/xx/2020 to xx/xx/2021 being an amount of 13.44. The claim also include £60.00 recovery cost as set out in the terms and conditions and in the ATA Aos code of practice.

    what do we do now, as my wife already named the driver, but be legal is saying my wife n the driver as to sign before the pcn would be transferred to the named driver. 
  • Coupon-mad
    Coupon-mad Posts: 152,862 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    what do we do now, as my wife already named the driver, but be legal is saying my wife n the driver as to sign before the PCN would be transferred to the named driver. 
    Have a look at the threads by @Nosy, one of them is about a counterclaim in a case where the registered keeper had already transferred liability.  If the D in your case named the driver and gave their address, then there was no cause to allow a PPC to continue to store, process or share her data and they had to move on to the driver.  That is the law.

    What's the date of issue of the N1 court claim?

    Have you read the NEWBIES thread post #2 yet?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    @Coupon-mad.  You are always quick in replying my post. The N1 court claim came in today. I will check the date in it. I will have a look at Nosy post. Exactly, we have them the name if the driver n a serving address. But they want my wife to get the driver to sign a letter that she was driving and them the liability will be moved from my wife to her.  Silly really 
  • Coupon-mad
    Coupon-mad Posts: 152,862 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not just silly., NOT part of the POFA.  Unlawful to demand more than the POFA requires. 

     Your wife properly transferred liability, so she has no liability.  Counterclaim.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    @Coupon-mad. the N1 claim form date is the 17th of May. I need to do her AoS Asap. that's our first step.
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