Legal Notices from NPE, TNC Collections and CIS

NaethanTBW

Hello Forum Members 

Hope you can advice what i should be doing to stay away from NPE / CIS threats 
NPE claims that i have violated parking rule in an area managed by them in Tunbridge wells, where I have parked ‘outside the contracted times’.

Unfortunately, I did not see any of the initial letters from NPE as we moved out of the property temporarily due to the renovation work. The incident took place in October 2020. We moved back to our property in December 2020 and started receiving letters from ‘TNC’ Collections’ on behalf of NPE for £160 as I have not responded to the initial letters from NPE, which allegedly asking for £120 (£60 if paid within certain period)

I contacted NPE directly and asked for video evidence, which I received in few days. On reviewing the videos, I noticed that i was next to the sign board for just under 4 minutes. It was completing dark outside and signboard was not visible (I did not notice it). My engine was running and I did not step out of the vehicle. I went to pick my son up and as I pulled over, he jumped into the vehicle and drove off.

I am not receiving ‘ Risk of Legal Action’ notices and  with statement suggesting my details will be passed on to the debt collection agency. I have ignored the letters after reading lot about NPEs tactics. It appears that NPE, TNC Collections and CIS from the same group of companies.

As I understand, there is a grace period for parking spaces giving drivers some time to read signs and act. I have not stayed more than 4 minutes, did not get out of the vehicle and did not switch off the engine – all are evident in the videos I received from NPE

Can anyone advice what I should do please. I don’t want anyone knocking at the door with threatening behaviour as it would devastate the children. At the same time, part of me is telling me don’t give into con artists.
- If my case go to small claims judge, do I have any chance of winning the case
- What should I do if someone calls at the door with threatening behaviour and demanding to settle immediately – can I call the police or would be see as wasting the police time?

 - Can I complain to someone – I have sufficient video evidence, the letters I received  and my correspondence with NPE at the initial state

 Any advice would be greatly appreciated  - Thank you in advance

 Kind Regards

 Naethan

Umkomaas

No one will coming to your door, so remove that unnecessary worry. 

There's no one you can complain to in terms of a regulatory body, but it's always worth getting your MP involved who might do nothing, or make contact with NPE (or any points in between). The landowner who contracted NPE would be another organisation to complain to. 

But at the moment, you're only receiving debt collector letters, so they can be safely ignored (read the NEWBIES FAQ sticky, fourth post, about what to do with debt collectors). 

Come back if you get a Letter Before Claim from NPE or their solicitors, or a formal court claim from the Northampton CCBC.  Then you can get this in front of a Judge who will deal with this impartially. 

D_P_Dance

Any amount over £100 is likely to be unlawful, read this and complain to your MP

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Have you read the newbies, they answer most of your questions.

Fruitcake

You said,  "I have not stayed more than 4 minutes, did not get out of the vehicle and did not switch off the engine."

Thinking that is not parking appears to be a common misconception. Stopping to read signs however is not parking.

If you need to pick up or drop off people or goods, do it on double yellow lines on a public road in future, not on someone's private land without the landowner's permission. That's one of the reason these parking scammers exist.

Are you sure the original charge was for £120? It is not normally permitted to be more than £100.

beamerguy

I am not receiving ‘ Risk of Legal Action’ notices and  with statement suggesting my details will be passed on to the debt collection agency. I have ignored the letters after reading lot about NPEs tactics. It appears that NPE, TNC Collections and CIS from the same group of companies.

Let them pass it on ...... debt collectors in the parking industry are totally powerless.  They are full of verbal diarrhoea and only fit for the shredder .... you ignore them.

If you get a legal letter other than an idiot debt collector, come back here

D_P_Dance

Read this and complain to your MP.

http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

NaethanTBW

Thank you Umkomaas, D_P_Dance, Beamerguy and Fruitcake for your time and valuable advice. I am relieved after receiving your advice and pointers.

I’ll come back and share when I receive the legal notice, I am certain that CIS will continue to send me few more reminders before issuing a legal notice.  

Thank you once again for your help and support

Kind Regards

 

Naethan