GREAT ANGLIA RAILWAY - NCP PCN - BW LEGAL LETTER OF CLAIM

fraglet

Hi all, sorry for the post, but I cant find a scenario that closely matches this one, ive probably missed it, if so sorry!

My partner received an NTK in February 2022 for an alleged parking violation in November 2021 at what subsequently appears to be an Greater Anglia Station car park.

On the PCN the location is simply referred to as "Bishops Stortford Premium" so its difficult to be sure that this is the location in question.

An appeal was sent to NCP on the basis that we couldnt identify where the location in the first instance, and also to raise the issue that the ticket took 3 months to be issued.

The appeal was sent via registered post, we retained the receipt and certificate of posting, and tracking shows it was delivered.

No response was received from NCP

Given we had no response we did not go through any further appeals process with popla etc as we had no number to do so.

BW Legal started to send letter after letter, and in the end we sent a response to them saying that they claim was vexatious, harassing, that we owed no debt, and requested an SAR.

They replied to the SAR, and have continued to send letters, and now have issued a Letter of Claim.

Just trying to appropriate response at this time given the lack of initial response to the appeal from NCP?

Kind Regards
 

KeithP

Hello and welcome.

The first few paragraphs of the second post in the NEWBIES thread explains how to react having received a Letter of Claim.

It might be a good idea to send a SAR to the parking company too.

fraglet

Thanks will do, does the fact that they didn't respond to the appeal have any bearing on the likely result moving forward?

Thanks for taking the time to look and respond to this, much appreciated.  

Mrs is very worried about going to court as she would struggle to retain the information required to respond to this, I would go to help her.

Coupon-mad

An appeal was sent to NCP on the basis that we couldnt identify where the location in the first instance, and also to raise the issue that the ticket took 3 months to be issued.
The appeal was sent via registered post, we retained the receipt and certificate of posting, and tracking shows it was delivered.

Send that posting/tracking proof plus a copy of the appeal and state the above (exactly as you told us) by email to BW Legal. Tell them you have reported a flagrant breach of the Code of Practice to the BPA and require a working POPLA code from their client, immediately, and the case to be put on hold (or returned to NCP) for sufficient time to go through that ADR..

And do the same as a 'formal complaint' to the BPA (adding a pic of the NTK as well to help the BPA know which PCN it is about).  Tell them that NCP have clearly breached the CoP by failing to send a POPLA Code or any reply to the appeal they indisputably received.

The BPA should step in and get you a POPLA code.  Then the keeper wins because it's a non-POFA case. 100% slam dunk win for the KEEPER.

NO SAYING WHO WAS DRIVING.

KeithP

Coupon-mad said:

An appeal was sent to NCP on the basis that we couldnt identify where the location in the first instance, and also to raise the issue that the ticket took 3 months to be issued.
The appeal was sent via registered post, we retained the receipt and certificate of posting, and tracking shows it was delivered.

Then the keeper wins because it's a non-POFA case.

For two reasons...
1) NtK issued late, and
2) not relevant land.

fraglet

ok that's great ill do the above, should I therefore ignore the letter of claim itself and only do the above?

Thanks again, sorry for being thick.

Fruitcake

No, do not ignore the letter of claim.

Tell them that whilst you deny the debt you are seeking debt advice and require them to put the case on hold for thirty days as per court pre action protocol.

That will give you more time to make your complaints which should be to NCP, the BPA, and your MP.

Coupon-mad

Also throw in any specific dispute or evidence, as that looks reasonable to the Judge later.   And ask SIP for proof of signage there on the day or whatever other evidence you want to see.

Have SIP added fake fees or just asked for the PCN?  I seem to recall they don't always add the false DRA 'fee'. Can you show a pic of that LBC please (redacted of your details)?

fraglet

ill get it scanned but it talks about

Principal Balance + Initial Legal Costs = £170

And talks about Estimated Interest = £10.99
Estimated Court Fees = £35
Estimated Solicitors Costs =£50

Initial NTK was £100 reduced to £50 in 14 days.

fraglet

So I guess on that basis they are trying to charge £70 for their threats

Coupon-mad

Yep and you know from reading the Template Defence thread, that's extortion which is unlikely to be allowed (unless you live in Portsmouth and get the short straw of DDJ Dack who actually thinks the judgment in VCS v Percy is good law).