BW Legal now chasing charge I never recieved

adp1

Umkomaas said:

Not sure what I do next...

If you've previously responded to a BWL formal Letter of Claim denying any debt then just await their next move - probably a N1 claim form from the Northampton CCBC. Whatever you do, you do not complete the forms they have sent. Your income level and the other intrusive questions they ask are none of their business!

I was in contact initially with BWL over email to say we never received the original 'fines' from NCP, and also to ask for the 30 days grace. No phone calls.

I guess I'll wait to see if BWL trigger court claim forms and the follow the advice on this forum if they do. Unless there is anything else I should be doing? Appreciate all the help, guys. 

adp1

Evening peeps.

BW Legal have sent me another letter with an expenses form giving me another two weeks to sort a payment plan, otherwise they 'may' take my case off hold, as per my request. I guess my question is, can my case still be won in court, if they decide to eventually pursue that route? Especially as I never received the original PCN and follow up letters as I hadn't fully changed my address with the DVLA. Just over-thinking as it's my !!!!!! up originally. Thanks! 

Coupon-mad

I haven’t read a single detail of your case but they are ALL worth contesting in court, and we see wins and discontinuances 99% of the time here. 

adp1

I've just been reading Reg76's BW thread on letters being received three years on and I'm wondering if I should doing more than ignoring? I note that Judge's don't look fondly on that. I asked BW for the 30 days debt grace (as advised on here), and I've had two letters since which has extended it - ended yesterday. Should I be emailing them saying I won't be paying, or keep ignoring until they send a court claim and use the defence templates on here?

My case is different as I never received the original NCP 'fines' as I never changed full address (only license) with DVLA, and no longer own the car. We've had initial email contact with BW disputing it, but then read this forum and followed the advice on asking for the 30 days grace. I also have the SAR from NCP that shows me entering and leaving the car park, but I never got a ticket as the machine had someone else's card in it. But we did call NCP and got told everything had gone through our end.

This was summer 2019, and O2 no longer have the phone records to prove that. I guess I just don't want this hanging over me for years. I also understand these firms relish on people like me getting sick of it! 

Shall I ignore and see what happens?

Redx

Wait for the court claim and use the template defence

Not receiving the NCP PCNs is irrelevant , nothing different about it , happens a lot

The pictures show the vehicle entering and leaving , not you 

NCP are in control here , not you , the law says they have 6 years to issue a court claim

adp1

Thanks Redx.

Is it worth contacting NCP at all? Or will they have washed their hands with it by passing it on to BW? 

Coupon-mad

Only contact NCP if you need them to erase any old address they hold, or if you haven't yet got all the photos and letters by SAR.

Same advice to you as I gave to Reg

https://forums.moneysavingexpert.com/discussion/comment/78633420/#Comment_78633420

MothballsWallet

Coupon-mad said:

Loads of people think that sending even off their driving licence to the DVLA changes all DVLA databases...because under the GDPR, it should.

But it doesn’t.  The DVLA are causing CCJs and financial loss for people, due to their failures.

Your case is no different than any other and will he defendable, no risk.

And yet the DVLA is allowed to continue to fail GDPR compliance.

Oh, and it gets worse, btw - I read something on LinkedIn the other day: apparently one of Boris' minions is looking at changing/easing GDPR for UK businesses: the LinkedIn post references a Guardian article.

adp1

Thanks Coupon-mad. I've just emailed the data officer at NCP and asked them to delete my old address.

Your comment on the other thread states to respond as the court expects. That's what's triggered me into thinking I should reply to BW as they've put me on 'hold' for financial reasons, as requested. Just wondering whether the judge would look down on me for continuing to ignore?

Redx

adp1 said:

Thanks Coupon-mad. I've just emailed the data officer at NCP and asked them to delete my old address.

Your comment on the other thread states to respond as the court expects. That's what's triggered me into thinking I should reply to BW as they've put me on 'hold' for financial reasons, as requested. Just wondering whether the judge would look down on me for continuing to ignore?

You can always reply with a drop hands offer , each side walks away and bears their own costs

It won't be accepted , but is all you can do at this time

I assume that you have done the SAR to the DPO at NCP and received all your data ?

And you have just issued a data rectification notice to NCP as well

NCP were obligated to issue the NTK PCN to the keeper by post after obtaining keeper details from the DVLA database , which they probably did , so the fact that you received nothing in the post is probably your fault , not theirs , so as I said , irrelevant