NCP Trace Debt recovery

Coupon-mad

Sit on your hands if you've exhausted landowner complaint and as long as the PPC doesn't hold any old address for you. 

Jimbobaroobob

patient_dream said:

Jimbobaroobob said:

Ok thanks all
just to clarify, do I sit on my hands at this Debt collector stage and do nothing until the small claims stage, then follow the advice for small claims on the Newbie post?

One word YES

NCP tend to use a legal called called BWLegal who follow this forum.  The regulars on here are professionals and these court cases are much the same comprising of copy and paste with some nonsense thrown in

We cannot guarantee what a judge will say and that applies to BWLegal as well ?  BWLegal hate this forum and a win for them becomes less and less

If it does go to court, it will be months away from now. Do come back here if you get a letter before claim trying to collect this monopoly money.   

Thanks again all and so far so good…..
as patient dream has rightly predicted, after several letters and messages from Trace Debt recovery I now have a letter from BWlegal that says similar to Trace. I read as the PRE letter of claim saying it may proceed to legal action and they ‘may send to me’ a letter of claim unless settled. 

Reading the Newbie and sticky advice my next action will be to follow the SAR process to request all data they hold.
Please shout up if I’m jumping the gun!!
thanks again 

patient_dream

Jimbobaroobob said:

patient_dream said:

Jimbobaroobob said:

Ok thanks all
just to clarify, do I sit on my hands at this Debt collector stage and do nothing until the small claims stage, then follow the advice for small claims on the Newbie post?

One word YES

NCP tend to use a legal called called BWLegal who follow this forum.  The regulars on here are professionals and these court cases are much the same comprising of copy and paste with some nonsense thrown in

We cannot guarantee what a judge will say and that applies to BWLegal as well ?  BWLegal hate this forum and a win for them becomes less and less

If it does go to court, it will be months away from now. Do come back here if you get a letter before claim trying to collect this monopoly money.   

Thanks again all and so far so good…..
as patient dream has rightly predicted, after several letters and messages from Trace Debt recovery I now have a letter from BWlegal that says similar to Trace. I read as the PRE letter of claim saying it may proceed to legal action and they ‘may send to me’ a letter of claim unless settled. 

Reading the Newbie and sticky advice my next action will be to follow the SAR process to request all data they hold.
Please shout up if I’m jumping the gun!!
thanks again 

The letter is not a Pre "letter before claim" .... it's just another debt collection letter begging for money. No doubt the letter claimed the fake amount as well ?

Just like you ignored the pointless TRACE rubbish so you ignore this.

A real letter of claim must give you 30 days to reply and then that can be extended by a further 30 days for taking debt advice.

This is a game of musical chairs so just wait.

If you get a letter before claim it will include the fake add-on and as they say, gently gently catch a monkey

Make certain you send the SAR

D_P_Dance

If you get a letter before claim it will include the fake add-on 

Which, imo, seriously weakens their case.  They know it is unlawful but persist in adding it.  

Jimbobaroobob

Thanks all
SAR will be done today as per Newbie advice:

A SAR is free. Ask for (as a minimum):
- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this; follow it up if they refuse).
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs, not several separate claims.

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.



Thanks again

Umkomaas

You might want to add a little bit to that, using the draft produced today on @jabfish's thread. 

https://forums.moneysavingexpert.com/discussion/6309928/breach-of-kadoe-complaint-to-dvla#latest

Jimbobaroobob

Umkomaas said:

You might want to add a little bit to that, using the draft produced today on @jabfish's thread. 

https://forums.moneysavingexpert.com/discussion/6309928/breach-of-kadoe-complaint-to-dvla#latest

many thanks, will do so!

Jimbobaroobob

Hi all
short update, SAR request sent to NCP data protection and acknowledged.

letter sent to BW Legal as below along with their response:

1. I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.

2. I require you to remove the £60 Debt Recovery Costs and return the case to your client to re-issue the PCN to allow the appeals process, as the Government best practice intends. In light of this additional charge being declared by the DLUHC Minister as 'designed to extort money from motorists' should you proceed and issue a claim, this shall be immediately reported to the Solicitors regulatory authority along with my MP.

3. I have sent your client a Subject access request (SAR) (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

BW legal response:

Point 1 We have noted that you are seeking debt advice regarding this matter.

Please be assured that we have placed your account on a 30 days hold.

Point 2 Our Client relies on VCS v Percy which concluded that a recovery charge of £60.00 is not disproportionate or higher than necessary to achieve a parking firm's legitimate objective to induce a motorist to pay the fee of the original Parking Charge Notice (PCN).

It is therefore Our Client’s position that this will not be removed.

Point 3 We have noted your position that you have sent Our Client a SAR.

Next steps….?

If i understand the Newbie sticky, I now sit and wait again.

Assuming I will receive a claim form from them after 30 days, I then send the form back with only a tick saying I will defend in full, no other text. I Then send my letter of defence to Northampton.

Please let me know if I’m missing anything

Thanks for all the help so far

Coupon-mad

They used the word 'induce'?!

Please show us that letter (cover your PCN, VRM and name/address) as I'd like to show it to the DLUHC to continue to inform them...

KeithP

Jimbobaroobob said:

Next steps….?

If i understand the Newbie sticky, I now sit and wait again.

You could do that, or you could refresh your understanding by re-reading the NEWBIES thread and the template Defence thread.

Jimbobaroobob said:

Assuming I will receive a claim form from them after 30 days, I then send the form back with only a tick saying I will defend in full, no other text.

That in particular is what led me to suggest further reading. Perhaps get ahead of yourself and read the Dropbox file linked from the second post of the NEWBIES thread which explains in detail exactly how to file an Acknowledgment of Service when the time comes.