NCP claim - HELP

Cobbler08

Hi guys, firstly thanks to you knowledgeable lot for putting all this together. You're saints.
So my situation briefly... An individual insured on my car parked in an NCP car park and got caught on an ANPR camera, this was a couple of years ago. I received a few letters and binned them (not realising the  advice had been updated from 2012 NOT to ignore letters, doh...)

So I've now received the claim form from the courts, done the AoS so have some time to build my defence. I've been trawling these forums for a few days and the amount of information I'm finding is boggling... so would appreciate some help if poss. 
I'm thinking my points of defence are:
a) Keeper liability. (However I don't know if the NTK was posted within 14 days as I binned it like an idiot, so don't know if this will stick or is worth trying)
b) Abuse of process. Total claim is for approx. £250 (£180 including the cheeky £60. Plus £50 solicitor fee and Court fees) 
c) BPA membership. NCP car park sign says £60 if paid within whenever then up to £100. So as per BPA rules, the maximum they can claim for is £100 yeah?
So which template do I need to use? I've seen a couple on the forum for different things
Thanks!

Coupon-mad

Hi, you simply adapt the template defence in the template defence thread!

KeithP

Cobbler08 said:

So I've now received the claim form from the courts, done the AoS so have some time to build my defence.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Cobbler08

Date on claim form is 20th Oct & I submitted AoS on 27th. So when do I need to send my defence by? 

Redx

Email a SAR to the DPO at NCP to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law , this will flush out the documents and pictures and data about you

KeithP

Cobbler08 said:

Date on claim form is 20th Oct & I submitted AoS on 27th. So when do I need to send my defence by? 

With a Claim Issue Date of 20th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 23rd November 2020 to file your Defence.

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

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Cobbler08

Redx said:

Email a SAR to the DPO at NCP to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law , this will flush out the documents and pictures and data about you

Thanks Redx - I've now submitted a SAR. Will it include copies of the letters already sent out to me previously? I'd like to know if they submitted their NTK within 14 days as Keeper Liability/POFA is one of my defence points.

Redx

Cobbler08 said:

Redx said:

Email a SAR to the DPO at NCP to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law , this will flush out the documents and pictures and data about you

Thanks Redx - I've now submitted a SAR. Will it include copies of the letters already sent out to me previously? I'd like to know if they submitted their NTK within 14 days as Keeper Liability/POFA is one of my defence points.

It should include all your data , so copies of letters to the keeper and all photos of the vehicle etc

I can only say that it should contain all your data , that is the law !! All your data is the phrase !!

Assuming it gives you copies of every PCN issued to you and your vehicle.  Then yes , check every one for those details

Cobbler08

Thanks both. So I'm editing the template, and apart from the case number, claimant & defendants names, I just need to amend points 2&3 yes? If so, is the below enough detail?

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant was not the driver at the time of the alleged incident.

3.  The Defendant was first made aware of the parking charge upon receipt of the claim form dated 20th October 2020 relating to an incident in November 2018.

The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

Redx

You need to tell the truth , which the above is not

You said you binned the letters and ignored them , so not the same as not heard anything until the court claim !!

The statement of truth at the bottom opens you up to legal or criminal proceedings for perjury

In court , they only have to ask you if the letters with your name and address on them arrived , clearly they were sent because you binned them !!

At this time , you have no idea if the claimant failed POFA

I hope the other paragraphs have objected to the double recovery charges , a possible abuse of process ?

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers. On 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and hopefully this will become law shortly