Appealing BW Legal/NCP Defence

AshCash

Also worth noting that it's two NCP car parks in one. Northern Warehouse 1 and Northern Warehouse 2. Same massive building with two car parks (1 entrance, 1 exit each, 2 payment machines in each, side by side). While the logs suggest it's all from the car park I was in, my instinct is it's a combination of logs for the same building. I was parked right at the exit for 5 plus minutes while my wife tried to pay and not one car left the building. And the logs completely contradict that.

AshCash

I also provided logs from Apple showing that we immediately downloaded the NCP app and attempted to pay on exiting the car park. But you can't pay with the app retrospectively. You can only buy advanced tickets. I argued that the design of the signs was such that it implied it was a payment option and the claimant even suggested it was a payment option in their witness statement, but it's not. Tell me this sign doesn't suggest you can pay with the app?? (big white box, logos, bold text). The judge dismissed all this and said it was clear I could have paid from a computer within 24 hours. And that by attempting to pay I knew that there was a contractual obligation to pay, even if I wasn't fully aware of the terms (and that I should have made myself aware as per whatever case law it was used by these companies). 

In some ways, I would have been better driving off without trying to pay because they used that against me to counter that I didn't knowingly enter into a contract. 

Coupon-mad

What time were you trying to pay?

AshCash

ANPR has me leaving the car park at 4:32pm. I was inside the car park for a few minutes before that while my wife tried to pay before I was ushered onto the street by a member of staff. So in the 4:29-4:35 window. 

Like I say, v1 of the logs is much more in line with my version of reality. 

@Coupon-mad as much as I hope my story helps others, isn't this me crying over spilled milk at this stage? As far as I understand it, my only option would be to appeal, which is complex, expensive and would hinge on the judge having made a legal mistake. 

Happy to vent about injustice and help you build a body of evidence that helps other consumers, but also feel as though I need to accept that I fought the law, and the law won.
 

Coupon-mad

I'm afraid I agree.  Appeals are rarely an option.  The Judge accepted those logs, so even if they refer to the other car park, sadly you can't do anything about that now.

I was trying to understand the logs.

I think v1 looks like a list of app autopay 'allowed' vehicles that day, and v2 appears to be something different: people who NCP say paid at a machine by credit card.

What's even more unfair in your case is your car was only in the car park for mere minutes before you were directed out, which seems odd in itself.  Really strange.

AshCash

This thread is all but finished but I have a follow-up question. I just contacted BW Legal to arrange payment (within the timeframe allotted by the judge). I made it clear to the judge that I'd want to set up a payment plan because I didn't have the funds to pay it all in one go. 

BW Legal told me unless the full amount was paid by the 28 days, it would be a CCJ. I ended up just paying it because I want this saga over with. Just curious why the judge ignored my situation/request.

Also, BW Legal said that the court would be informed of the payment and the CCJ would be removed from my credit file by the court. It was my understanding that there wouldn't be a CCJ on my credit file in the first place if I paid within the allocated timeframe. 

Can someone clarify?

Thanks

KeithP

AshCash said:

This thread is all but finished but I have a follow-up question. I just contacted BW Legal to arrange payment (within the timeframe allotted by the judge). I made it clear to the judge that I'd want to set up a payment plan because I didn't have the funds to pay it all in one go. 

BW Legal told me unless the full amount was paid by the 28 days, it would be a CCJ. I ended up just paying it because I want this saga over with. Just curious why the judge ignored my situation/request.

Also, BW Legal said that the court would be informed of the payment and the CCJ would be removed from my credit file by the court. It was my understanding that there wouldn't be a CCJ on my credit file in the first place if I paid within the allocated timeframe. 

Can someone clarify?

Thanks

In theory, a County Court Judgment gets added the instant the Judgment is made but public facing registers are not updated in real time.
Then if the full payment is made within 28 days the Judgment gets removed.

If you pay by instalments then the Judgment remains on file until full payment is made and at that time it is marked as 'satisfied' but remains on file for six years.