NCP Trace Debt recovery

Coupon-mad

LOL at that summary of VCS v Percy, which we know all about because @bargepole lay repped it but HHJ Saffman was fairly clueless and led by the other side's disorganised legal rep, by all accounts. 

It was almost as if he started off from a position of already disagreeing with HHJ Jackson (Excel v Wilkinson) and wanted a decision to stop cases being struck out on his circuit.  The very idea that a trader can add a fake cost they never paid out, merely to 'induce' a consumer to pay up, is ludicrous, fundamentally against the POFA 2012 Schedule 4 AND the CRA 2015.

Luckily, the DLUHC's lawyers saw that in the end (last gasp).  Something in the final evidence tipped the balance and I sincerely hope it was something I did.  I certainly threw the kitchen sink and more at it in that final six months and took full advantage of my position on the Steering Group to provide lots of evidence.

The Govt were set to get it horrifically wrong in August 2021 and something had to be done to protect consumers, and the evidence seemed to have worked.  Alternatively, Ministers didn't like what the August 2021 draft had said and saw sense, revisited everything and realised the added £70 was 'extortion' after all.

Jimbobaroobob

KeithP said:

Jimbobaroobob said:

Hi all
Although NCP acknowledged receipt of my SAR, I have now passed the one calendar month deadline for them to supply me with the details they hold on me. Should I pursue this/ chase them up?

Yes, chase them.

Tell their Data Protection Officer that if they haven't responded fully within seven days you will be reporting their tardiness to the Information Commissioner's Office.

Having sent them a couple of nudges, it’s now over 60 days since I submitted the SAR. 

I have now requested they cease any further claim for payment of this PCN and I have advised BW legal of the same.

Le_Kirk

Jimbobaroobob said:

KeithP said:

Jimbobaroobob said:

Hi all
Although NCP acknowledged receipt of my SAR, I have now passed the one calendar month deadline for them to supply me with the details they hold on me. Should I pursue this/ chase them up?

Yes, chase them.

Tell their Data Protection Officer that if they haven't responded fully within seven days you will be reporting their tardiness to the Information Commissioner's Office.

Having sent them a couple of nudges, it’s now over 60 days since I submitted the SAR. 

Assuming you covered the identity requirements and they didn't use that as a stalling tactic, report them to ICO with no further warning.

KeithP

Le_Kirk said:

Jimbobaroobob said:

KeithP said:

Jimbobaroobob said:

Hi all
Although NCP acknowledged receipt of my SAR, I have now passed the one calendar month deadline for them to supply me with the details they hold on me. Should I pursue this/ chase them up?

Yes, chase them.

Tell their Data Protection Officer that if they haven't responded fully within seven days you will be reporting their tardiness to the Information Commissioner's Office.

Having sent them a couple of nudges, it’s now over 60 days since I submitted the SAR. 

Assuming you covered the identity requirements and they didn't use that as a stalling tactic, report them to ICO with no further warning.

I am sure the OP will have already done that.  

On 10 May at 8:22PM, over three weeks ago, I did suggest...

KeithP said:

Tell their Data Protection Officer that if they haven't responded fully within seven days you will be reporting their tardiness to the Information Commissioner's Office.

Jimbobaroobob

Complaint now filed with ICO

Jimbobaroobob

Having informed NCP that this is now passed to the ICO, I’ve heard nothing back for weeks. I’ve asked them to confirm several times if they consider the matter closed as they have not fulfilled their legal obligation to provide my data in over 60 days. I get no response. 

BW legal have said that the failure to meet the SAR does not negate my liability, this was the last message I received at the end of June.
Is there any time limit in which they need to complete the process or Issue a claim?

Coupon-mad

In E&W there is 6 years to file a claim.

95Rollers

Jimbobaroobob said:

The questions I have are
1. As I have already gone through the appeal process with NCP and POPLA, I have effectively acknowledged who was the driver. Does this void the option to appeal as if it was a ‘notice to keeper’?
2. Can anyone on this forum confirm that they have experienced similar and had success by ignoring the debt recovery agency and subsequent solicitors letters?

3. Is it likely that after the debt collection agency have not had success that NCP will ‘give up’ or do they routinely go for a small claim?

4. Can anyone confirm personal success in the event of it going to a small claim?
Many thanks
Jim

Hi Jim, and welcome

2. In the past I have ignored letters and debt companies and they went away. But this was years ago, a good few years before pre-pandemic times and possibly pre-dating the Beavis case which set a precedent for parking firms who grossly misinterpreted the result of that court ruling and tried manipulating and misquoting the verdict of the case to frighten motorists.

3. If the the Debt firm fails, they either bounce it across to another debt firm who have the word "solicitor" in their name such QDR or Gladstones as some people might respond or be more frightened by this word and pay up. Failing that it will bounce back to the parking firm.  Often they will farm out their debts to a one stop shop company like DCBL who will deal with the court proceedings if their letters are ignored.  They work on the 80/20 rule that is that 80% of the people will cave in on each stage be it the £60 PCN, the £100 PCN, the £125 final demand letter from parking firm, the £160/170 letter from the Debt firms, the £160/170 letter from the solicitors then the LBC, the the LoC then the Court form, then each stage of the court process - Defence response (where they try and gaslight you that you will lose with terms like "good faith"), then the Mediation, then the final offer(s) then their gaslighting response to your witness statement etc.  You just got to hold your nerve, stick to your guns, block out their propaganda BS and fight on. They wouldn't behave so aggressively and trash-talk if their cases were dead-cert wins would they?!?  


4. The majority of consumers who are taken to court win. If you trawl the forum for the phrase "another one bites the dust" you will see lots of them where people have won in court.  I'm not sure what the actual stats are, back in March I won my court case which took place via MS Teams exactly 3 years to the day I that I had driven into their poor signed and poorly maintained dump of a backstreet carpark!  I won on a mixture of poor signs/ unfair terms/ unreasonable behaviour AND I was awarded the maximum of costs for having my time wasted (£95) and they'd already blown the best part of £500 (if not more)!

Common themes that people win on is Signage, deviation to the BPA/ IPC codes of practice, PoFA and generally unfair terms in addition to "abuse of process" in regards to double recovery (i.e adding on and multiplying unlawful "debt/ admin" fees) and also use of previous case law - especially in cases similar to yours be it the same firm, same location or similar circumstances. But its a case of not having your iron in one fire, but using all relevant factors. Its hard work, but its worth it.  Stick to this forum, there are good people who are far more experienced and knowledgeable than I am who will see you right so long as you put the work in your end (as I and many others have done).

patient_dream

Jimbobaroobob said:

BW legal have said that the failure to meet the SAR does not negate my liability, this was the last message I received at the end of June.

What they say is right .. BUT, whatever problem NCP have to provide legally required information must be deemed as obstructive and unreasonable behaviour
Failure to provide information to help you form your defence will cause BWLegal a problem in court and that added to the fact they have added a fake amount which they cannot explain any legal authority to do so

BWLegal must tell the truth about the £60 fake add-on to the judge

No point in BWL claiming they are allowed to because it's in the BPA code of practice.
The fake £60 was the work of a daydreamer who happens to be a board member of the BPA and runs ZZPS the infamous Debt chaser,

The BPA approves the scam, they wrote the code of practice ???

4. Can anyone confirm personal success in the event of it going to a small claim?
YES .... BWLegal spanked. The legal rep they sent must have lost his "L" plate, he was useless and it was all over in 10 minutes ..... costs of £95 awarded by the judge

Castle

patient_dream said:

Jimbobaroobob said:

BW legal have said that the failure to meet the SAR does not negate my liability, this was the last message I received at the end of June.

What they say is right .. BUT, whatever problem NCP have to provide legally required information must be deemed as obstructive and unreasonable behaviour

Not only that; a failure to comply with the 30 days gives rise to a potential claim for damages and distress against NCP under Section 168 (DPA2018).