Notice of proposed allocation to the small claims track

Lisatcb

Hello everyone.
I need some help as what to do next please!
I was sent a court letter from BWleal for a parking fine with national car parks Ltd
I actually didn't park there! I dropped/picked up my son at the station car park turned around and come out. Morning and evening.
Photos are
Entry 18/09/2020 19:00.43
Exit  19/09/2020   10:14
But both pictures are of my car clearly entering the car park, 
Both cam 1 and both the front of the vehicle..
No Exit pictures...
There's no way I'm paying as I know I didn't park, I'm fighting this and I know I will win.. (big head) 😄 
But I don't want to do anything wrong and need help as what to do next.
I've defended the claim and got a notice of proposed allocation to the small claims track..
What now..
Many thanks all 😃 

Redx

So you are saying that it was 2 short visits , not one long continuous parking event ?  So double dipping ?

Read the parking prankster blog on his website explaining double dipping

Was it 2 short in & out visits ? , Or more ? How many visits in total ?

Email a SAR to the DPO at NCP to obtain all your data , including all paperwork , all pictures ( mention orphan pictures especially , meaning the 2 missing middle ones )

Post your submitted defence below , minus personal information , so we can see it , good or bad

Have you filled in the n180 DQ form and submitted it to the lawyer and to the CCBC ?

Read the newbies FAQ sticky thread near the top of the forum in announcements , posts 5 and 2

Read the 12 numbered steps in the defence template post by coupon mad , the first post in that thread , only

Lisatcb

Hi,
Thanks for your reply.
Yes I dropped my son to the station car park, turned around then came out, then later picked him up turned around and came out, mostly everyday. 
So 2 entry's and 2 exits a day.
They have pictures of entry and entry the next morning but stating it as a exit! 
I emailed SAR at Bw legal, I'm waiting reply by 26th Nov
Should I also email Ncp?
No I haven't fill out the N180 yet.
But I did email bw legal stating they have 2 entry's pictured, and heard nothing back from them..
I will try to find the defence, 
But it was stating that no parking took place, and there was more than 1 entry exit.. I didn't realise at the time the 2 pictures were both entry's..

I'll have a read though the stuff you said now! 
Thank you!

Redx

The SAR should have gone to the DPO at NCP , not to b w legal !!

So email NCP asap

If the CCBC have posted out your DQ ( check your claim history ) then fill it in and email it to the ccbcaq email address and add b w legal to the recipient list , so one copy to both

D_P_Dance

Read some of thes and cmplain to your MP.

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

KeithP

@Lisatcb, it also might be a good idea to show us the Defence that you filed.

tacpot12

If you can get evidence that your car was elsewhere between the two entry times, e.g. a parking ticket from somewhere else, a fuel receipt, a McDonalds receipt that mentions "DriveThru", it would be very helpful.

Courts apply a civil burden of proof so if you assert your car was somewhere else and provide some evidence that it was, they will beleive you, unless the parking company has some solid evidence that you did park outside of what the conditions allow for free.

Coupon-mad

I agree with the OP that they will win.

When you email NCP for a SAR (or in reply to the SAR if they already emailed it) state that this meritless case is about 2 visits across 2 days and require their DPO to interrogate the ANPR for all logged captures of your vehicle in between, to find the orphan images that were missing.

Then you expect an apology and the PCN and claim to be cancelled.  Given BW Legal already know about the 2 visits issue, AND NCP have actually relied on two entry camera images on two different days (and no exit image at all) this is clearly a doomed claim

If they do not discontinue the claim before December, you will seek all your costs for wholly unreasonable conduct in litigation.

Lisatcb

Coupon-mad said:

I agree with the OP that they will win.

When you email NCP for a SAR (or in reply to the SAR if they already emailed it) state that this meritless case is about 2 visits across 2 days and require their DPO to interrogate the ANPR for all logged captures of your vehicle in between, to find the orphan images that were missing.

Then you expect an apology and the PCN and claim to be cancelled.  Given BW Legal already know about the 2 visits issue, AND NCP have actually relied on two entry camera images on two different days (and no exit image at all) this is clearly a doomed claim

If they do not discontinue the claim before December, you will seek all your costs for wholly unreasonable conduct in litigation.

I've emailed NCP DPR attached BW Legal asking for SAR using most of what you said..
Now I need to fill in N180 
Can that be done online or by post only? I've checked claim history and can't seem to see if you can reply.. court issued the N180 

it's all very confusing, but I'm not giving in under the circumstances 😊
Thank you everyone!! 

Lisatcb

Redx said:

The SAR should have gone to the DPO at NCP , not to b w legal !!

So email NCP asap

If the CCBC have posted out your DQ ( check your claim history ) then fill it in and email it to the ccbcaq email address and add b w legal to the recipient list , so one copy to both

Thank you! I've sent email to NCP 
just got to fill out the N180 can it be done online or by post only...
Thanks 😊 

Coupon-mad

But that's answered in the template defence thread.  Did you use our template defence?