Letter of Claim from NCP Advice

Mouse007

KeithP couldn’t wait, till tomorrow.

Coupon-mad

But the fact it was a year ago doesn't help.

NCP don't issue byelaws penalties (they issue contractual parking charges) so the byelaws are not really relevant.

Except, as @KeithP rightly says, the presence of byelaws means it's not 'relevant land', which means the keeper can't beheld liable.

So why is the driver being admitted?  Has that already been admitted in an earlier appeal?

Moneymike

Coupon-mad I have a strong feeling that my mother would have admitted that she was the driver as she has previously appealed stating she was had car issues and was unable to leave the car park sooner. 

Coupon-mad

If her appeal talked about car issues then the defence needs to also mention that.

And therefore, byelaws don't affect your case at all. 

Who is the named Defendant? Mum or you?

Moneymike

Mum is the defendant

Coupon-mad

OK, so she needs to match in the defence facts paragraph, what she said in her appeal.  If she talked about car trouble then that needs a mention as well as waiting in the rain to drop off a young/female/vulnerable(?) passenger and that no signs were seen in the dark, and the car was not actually parked, just dropping off.

Moneymike

Update to this case: I was able to submit a defence to the court on behalf of my mother and I have received a response from BW legal on behalf NCP about a complete factual background about my account and NCP response. I have a few question about the next steps:

1. The response ask to provide evidence that the vehicle had broken down and was unable to leave the car park by the 16th December 2022 and the claimant will decide if they want to pursue this case (I am late, I know, but the letter was seen quite late and wasn't sure if a response was required). In the initial appeal it was stated that there was car issues and as it was a new motability vehicle the driver had a few issues operating the car. What evidence would been ok here? as it seems they may not want to take this any further.

2. Does one need to respond to letters from BW legal? 

3. I am thinking ahead if/when the allocation of hearing comes and I need to write a WS. Will the court allow me as the son of the defendant to speak on behalf of my mother as I have been doing everything for my mother as English isn't her first language and there is no way she would be able to do all of this with her current circumstances?

Coupon-mad

The Defendant (not you) should respond with whatever evidence she has that this was a new Motability car for her, and whatever evidence she may have that she was having issues with it (text messages/emails?).

And supply evidence of her medical conditions/disability and tell BW to tell their client to cease and desist from harassing a vulnerable disabled person who is also struggling to participate and comprehend the issues and who will not only need an interpreter but a personal representative to act on their behalf, if this goes any further.

Add that full costs will be sought if the Claimant persists with their harassing snd unreasonably bullying conduct, which is already in breach of the Equality Act 2010.

All documents must be in her name but maybe the Defendant is suitable for you to act as her personal representative (whatever it's called when a D really needs someone else to handle the case for them):
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01/practice-direction-1a-participation-of-vulnerable-parties-or-witnesses

Moneymike

Hi forum, we have a hearing date in about 2 weeks for this case and the claimant has supplied evidence. We have missed the deadline to provide evidence for ourselves. Will we be able to expand on points made in the defense on the day of the hearing? Does not providing evidence impact the case negatively, do we have a chance of winning this case from here? 

Separately, we have been in communication with BW Legal/National Car Parks Limited to have this case thrown out. During the course of last year, we thought the case would no longer proceed as they asked for proof of the car having issues that RAC was called, and that it was a Motability car and they have refused to acknowledge our proof after requesting it. Below is the last email based on the advice of this thread and after numerous emails of trying to resolve matters without this proceeding.

"Further to my Cease and Desist of case J1DP7M88. I now have a letter that I can share with you from Motability as proof of my vehicle breakdown on 28 June 2021. Please advise your client of the contents of my initial letter sent on 06 January 2023 at 17:20. This is the last I want to hear of this matter."

Can we bring up BW's legal failure to resolve matters in court any other advice to help us on this case will be much appreciated.

 

Fruitcake

Send a witness statement tomorrow. You can challenge everything NCP put in their claim and their WS, but if you don't provide a court mandated WS yourself, NCP may ask for the case to be found in their favour because you did not comply with the court's instructions.

Better late to submit a WS than not at all.