Fined for missing Gatwick Drop Off payment and initial fines sent to old address

Zyzz

Hi all,

Firstly before I bore you with another case just genuinely wanted to say thanks to all the people who selflessly give their time and advice to helping people like me. The amount of responses is honestly staggering.

I received a letter from BW legal claiming I owe a parking penalty of £170, of which £70 is "debt collection costs". I did drive through Gatwick drop-off in June, I saw all the signs about how I need to pay £5. However NCP, who manage the parking, came up with the brilliant idea of not letting people pay on site so of course most people will forget when they get home just like I did.

About a few days later I remembered this stupid parking system and actually reached out to NCP asking if I could please pay as it was not my intention to get out of the fee. Of course they said they couldn't let me pay (which I point out, is before they issue the PCN and I have proof of this). So I forgot about it for a while assuming I would get a fine or an email or whatever. Absolutely nothing, until I received a Letter of Claim from our well know friends at BW Legal saying they have been trying to contact me for ages and I haven't responded. I am a student so over the summer I stayed with my parents but my vehicle is registered at my University address, meaning it's possible they sent a whole bunch of letters to the old address which I obviously never received. I officially updated my address in September when I moved into my new address. They claim a PCN was given in August but officially my lease had ended at the end of July, meaning there was a one month period in which they supposedly sent this vast amount of letters trying to contact me.

Based on information I have read in this forum I have requested a SAR and complained to Gatwick Airport. Upon finding a similar case I have sent a SAR (also requesting the PCN) with the updated V5C attached as well telling them my new address (which they probably already know given the latest letter).

Given this information is there anything important I should do? I have read the Newbies thread multiple times and I think I am on the right track so far. I don't think I actually need to start working on a defence until I get a court order right?

I have until early February before BW Legal will supposedly unleash their full legal might upon me. It is blatantly obvious that these people don't want to go to court, offering monthly payment plans and so many incentives to just pay up and forget about it. I honestly considered it before finding the amazing people on this forum. Now they're not getting a dime without a court order.

Thanks for taking the time to read my post, looking forward to hearing any advice/feedback/criticism.

Coupon-mad

"I have until early February before BW Legal will supposedly unleash their full legal might..."

LOL!  They tried that against me once. Different sort of threat.  They ran away when responded to.  However, they DO run County court claims for PPCs.  Easy to defend.

No paying and no being spooked and NO LETTING YOUR PARENTS PAY when they see the letters.

Just respond as registered keeper WITHOUT IMPLYING WHO WAS DRIVING, and say that the signage (which DOESN'T mention the sneaky penalty clause at all) and lack of access to payment methods for the £5 make this a well known entrapment zone which breaches the BPA CoP on 3 counts: 

(a) lack of a consideration period.  Treating a drop off area as if it is a 'no stopping zone' and issuing immediate PCNs by post to the keeper of every vehicle whose wheels so much as cross the entry lane in moving traffic, is absurd and sharp practice;

(b) lack of 'adequate notice' of the parking charge, given the fact that online sources show signs ONLY with £5 on them, which NCP refused to accept when contacted;

(c) lack of clarity about the terms and how to pay the £5 which at more honestly run airport drop off zones is paid by card/cash at a barrier or kiosk on site.

In view of all of the above, this case has hereby been added to the formal complaint about this trap of a site,   Sara Roberts, erstwhile Head of AOS at the BPA and the complaints team is already investigating a formal complaint ref BPA-032489 about NCP's little set up at Gatwick Airport.

Details will also be sent to Watchdog, who are known to be preparing another exposé about rogue practice in the private parking industry.

These PCNs are also inevitably non-POFA, and the keeper reserves the right not to name the driver and cannot be held liable under any applicable law.  NCP are urged to cease and desist.

Finally, the address for service, should NCP decide to ignore the BPA complaint investigation and carry on with this harassment (which it is, because there is no 'agreed/valid debt' being pursued) must be changed to (parents' address) and the old University address must be erased by BW and NCP entirely, because it is neither permanent nor long term and is unreliable for use in filing a court claim.



Your email starts

Dear Sirs, 

ends 
yours faithfully, 


The complaint about NCP gets emailed quoting the above complaint ref, to Sara Roberts:

sara.r@britishparking.co.uk

diystarter7

OP
Why were the letters sent to the old address?
Thanks

Mouse007

Coupon-mad said:

No paying and no being spooked and NO LETTING YOUR PARENTS PAY when they see the letters.

As usual an excellent reply from CM. I like this line because in my case I am the parent - and I'm not paying either. Son's case listed for 24th this month 10am.

You don't need to reply to the other question, the answer is already in your opening post.

Zyzz

Coupon-mad said:

"I have until early February before BW Legal will supposedly unleash their full legal might..."

LOL!  They tried that against me once. Different sort of threat.  They ran away when responded to.  However, they DO run County court claims for PPCs.  Easy to defend.

No paying and no being spooked and NO LETTING YOUR PARENTS PAY when they see the letters.

Just respond as registered keeper WITHOUT IMPLYING WHO WAS DRIVING, and say that the signage (which DOESN'T mention the sneaky penalty clause at all) and lack of access to payment methods for the £5 make this a well known entrapment zone which breaches the BPA CoP on 3 counts: 

Thank you for your response wise seagull,

Just one clarification please, Who shall I respond to? BC Legal or NCP? Should I wait for the official PCN first seeing as I'm not really sure who to contact initially at NCP.

Yes I have instructed my parents that under no circumstances are we paying these people anything. I learned not to admit being the driver from other threads so was careful in the wording of the SAR.

Thank you again for your time.

Zyzz

Mouse007 said:

Coupon-mad said:

No paying and no being spooked and NO LETTING YOUR PARENTS PAY when they see the letters.

As usual an excellent reply from CM. I like this line because in my case I am the parent - and I'm not paying either. Son's case listed for 24th this month 10am.

You don't need to reply to the other question, the answer is already in your opening post.

Good luck with your case! Yes even in my brief time on this forum I have learned so much from CM and have a lot of respect for their responses.

Coupon-mad

Obviously you reply to BW, which is why it starts 'Dear Sirs' and ends 'yours faithfully'.  Standard solicitor salutation and sign-off.

Zyzz

Coupon-mad said:

Obviously you reply to BW, which is why it starts 'Dear Sirs' and ends 'yours faithfully'.  Standard solicitor salutation and sign-off.

Thank you very much!

B789

Zyzz said:

About a few days later I remembered this stupid parking system and actually reached out to NCP asking if I could please pay as it was not my intention to get out of the fee. Of course they said they couldn't let me pay (which I point out, is before they issue the PCN and I have proof of this).

Just to clarify... when you "reached out" to NCP, did you give away the fact that you were the driver?

Zyzz

B789 said:

Just to clarify... when you "reached out" to NCP, did you give away the fact that you were the driver?

Yeah I did worry about this, I looked back at the communication and all I said is that I forgot to pay. Not that I was driving. So if it comes to that I think I could easily claim I never admitted to being the driver but only to forgetting to pay the £5. The driver may have made me aware of the charge and then I forgot to pay, Maybe I was the passenger, whatever I don't need an actual story. The point being I haven't admitted to being the driver as far as I am aware.

It's a good point though and I'll see if they try and use that as proof of me being the driver. Regrettably I cannot show you exactly what I said as there is the risk that they will be able to identify my account and use statements on this forum against me.

B789

Did you "reach out" by phone or in writing?