NCP and ParkPass

gabbleRatchet

This is a bit of a long read.

I parked in an NCP car park controlled by ANPR on 2 consecutive days. I paid on both days using NCP's own app - ParkPass.

A few weeks later I received a PCN from NCP for the first day I parked. I appealed it on their website and attached a screenshot of the App receipt. I received a snotty and patronising email back cancelling the PCN. That was the end of it I thought.

I received another PCN 40 days after the second day I parked. I foolishly assumed it was the same one and the cancellation hadn't registered with them yet so I ignored it. I then started getting letters from Trace and finally from BW Legal. At this point I read it a bit more closely and realised it was for the second occasion I parked there.

I wrote to BW with pretty much the same argument I used with NCP and attached a screenshot of the app receipt for the parking session.

I've now received a sheaf of paperwork back from them with photographs of signage, of my car entering and leaving and a copy of the original PCN and a covering letter stating - "Our Client's cause of action is that you breached the Terms and Conditions of the contract which you entered into by parking your vehicle in the car park, by parking on their site without any payment of the parking charge"

I was baffled why they were pursuing this when I had clearly paid for the parking session, but having read it a bit more carefully I've realised what's happened.

When I opened the app after I parked, it detected  my location and told me which car park I was in so I just continued with the payment. Unfortunately it was the wrong car park, and the site it told me I was in was another NCP car park about 1/4 mile away. I don't really know the area so I didn't pick up on it at the time.

The thing is, I paid for both parking sessions in the wrong car park but NCP accepted my appeal for the first PCN.

So what can I do? It's too late to appeal it. Should I just wait until they take it to court and argue it out then?

Thanks

Umkomaas

So what can I do? It's too late to appeal it. Should I just wait until they take it to court and argue it out then?

That's about it. Read the NEWBIES FAQ Announcement, second post, for detailed help in the event of receiving a Letter of Claim from BWLegal, or real court papers from the Northampton CCBC.

gabbleRatchet

Is it worth getting a Solicitor to deal with this before it gets to court? I really don't have time to drop everything for a day a go to Northampton

KeithP

gabbleRatchet said:

Is it worth getting a Solicitor to deal with this before it gets to court?

No.

gabbleRatchet said:

I really don't have time to drop everything for a day a go to Northampton

And you won't have to do that.

Coupon-mad

gabbleRatchet said:

Is it worth getting a Solicitor to deal with this before it gets to court? I really don't have time to drop everything for a day a go to Northampton

None of that happens.

Read a defence thread or ten and you'll see you can do the defence yoursrlf using our template, and the court is not at Northampton (unless you live there).

Not_A_Hope

Solicitors generally do not understand or deal with parking law and are expensive.

The County Court Business Centre is based in Northampton and will assign the claim to be heard at your local court (if NCP decide to raise a claim).

Meanwhile ignore all letters from debt collectors and use the time to understand the process to defend the claim by getting familiar with the Newbies thread

fisherjim

I suspect why they cancelled the first PCN is because their chosen app makes the process confusing and prone to location errors which is what happened exactly.

The car parks if both owned by NCP will collect payment directly to them and if they are the same tariff they still got the correct fee, no problem, but of course the greed factor then comes in.

A nice little scam if people fall for it.

gabbleRatchet

Thanks for the replies.

gabbleRatchet

So I've now got a CCJ against me. I received the letter from the court today. This is the first letter I've had since the original one from BW. I've had nothing from the county court. How on earth did this happen and what do I do now 

KeithP

Have you got a County Court Judgment or a County Court Claim?

Have you moved house recently and perhaps not told the court and claimant your new address?
That's the usual reason for this type of surprise.

gabbleRatchet

It's a judgement I'm afraid and I haven't moved house recently