(CCBC) Claim Form received – unsure on next steps

DaftMonk

Hi MSE,

I dropped off a friend at the drop-off rank at Gatwick in May last year. I was there for 9 minutes total, and didn't see any signs it required payment.

During the second week of August last year, I received a letter via post from BW Legal. This letter indicated that a PCN charge from May at Gatwick Airport had been passed on to a debt recovery agency. To be clear, I had not received any email or postal communication from NCP Ltd up to this point.

Upon discovering this letter, I quickly reached out to NCP directly via email, appealing the charge. Had I known a charge applied to dropping off passengers at this location, I would have paid said charge forthwith! I offered to pay £15 to resolve the matter as a gesture of goodwill, and hoped that this would be favourably received and the matter could be closed.

My email was then ignored for 78 days (11 weeks) — during which I sent three follow-ups, and received nothing back over email or telephone — until finally hearing back in November that my appeal had not been received and the matter had been transferred to BW Legal.

In December, I came back from a trip to Devon to a Claim Form from the County Court Business Centre. The issue date was 16 December but I received it late (likely due to the Royal Mail strikes).

What do I do at this stage? Do I have to go to court? Do I pay the charge online? Help!!

Coupon-mad

You are late and are now in a race.

You may already have a CCJ, so log into MCOL to check (ONLY if you can do that quickly.  Don't spend hours setting up a Gateway account).

Do not hang around.

Use the Template defence.  Top of the forum.  NOW. Email your signed & dated defence to the CCBC THIS AFTERNOON (all is explained in that top thread).

This guy got Gatwick Airport involved and paid £15.  That's what you should have done, complained to the Airport:
https://forums.moneysavingexpert.com/discussion/6415984/fined-for-missing-gatwick-drop-off-payment-and-initial-fines-sent-to-old-address/p1

You still can (tomorrow).

DEFENCE TODAY!!  Now.  Do nothing else.

DaftMonk

@Coupon-mad — thank you. I submitted my AoS via MCOL earlier. Your and others' help on this forum has been vital in this sorry affair.

Below is the relevant section of my defence, which I will submit this evening:

The facts as known to the Defendant:

2.  It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. It is admitted that the Defendant was present in the area of the alleged contravention, Gatwick North Terminal Drop-off rank on [REDACTED] from the time of 08:54:00 to 08:59:45 — less than six minutes.

3.  During the time of the alleged contravention, the Defendant was helping a terminally ill friend suffering from leukaemia to avoid public transit for health reasons and to return to Canada by driving him to Gatwick Airport. During the period of alleged contravention, the Defendant observed no markings indicating a parking charge applied to drop off passengers at this location; the Defendant attests that if such signage had been observed, he would have paid the requisite charge immediately.

The Defendant first received communication regarding this matter in the form of a debt recovery letter dated [REDACTED DATE] from the Claimant’s legal representation, BW Legal; the Defendant has not to date received any postal communication from the Claimant; Section 71 creates a duty upon courts to consider the test of fairness, including (but not limited to) whether all terms/notices were unambiguously and conspicuously brought to the attention of a consumer. In the case of a 'PCN', this must have been served to the driver whilst the vehicle was stationary or, at sites remotely monitored by ANPR/CCTV, served to the keeper so that the motorist learns about it quickly. Signage must be prominent, plentiful, well placed and lit, and all terms unambiguous and obligations clear. The Defendant avers that the CRA has been breached due to unfair/unclear terms and notices, pursuant to s62 and paying due regard to examples 6, 10, 14 & 18 of Schedule 2 and the requirements for fair dealing and good faith.

Having received this letter via postal mail on [REDACTED DATE], the Defendant designed and delivered an appeal via electronic mail to <NCP.ManagedServices@ncp.co.uk>; please see Exhibit 3a.

Following the submission of this appeal, the Defendant did not receive any reply from the Claimant for 78 days following this communication, despite three further attempts to contact the Claimant at the same electronic mailing address.

During this time, on [REDACTED DATE], the Defendant received a Letter of Claim via postal mail from the Claimant’s legal representation dated [REDACTED DATE]. After receiving this Letter of Claim at 20:47 GMT, the Defendant immediately contacted the Claimant at <NCP.ManagedServices@ncp.co.uk>; please see Exhibit 3b. At this time, at [REDACTED DATE], the Defendant also forwarded all written communication over electronic mail up to that point to <customer.service@ncp.co.uk>, in an attempt to resolve the matter quickly; please see Exhibit 3c.

On [REDACTED DATE] at 13:43 GMT, 78 days after his initial letter of appeal, the Defendant finally received a response back from the Claimant via electronic mail, sent from <NCP.ManagedServices@ncp.co.uk; please see Exhibit 3d.

On [REDACTED DATE] at 13:12 GMT, the Defendant attempted to contact the Claimant via their Chief Executive Officer, [REDACTED], in a final attempt to resolve the matter; please see Exhibit 3e. The Defendant at this point offered to pay [REDACTED AMOUNT] to consider the matter resolved and for legal action to be withdrawn.

On [REDACTED DATE] at 11:13 GMT, the Claimant, represented here by [REDACTED], responded to the Defendant’s Exhibit 3e requesting the Claimant liaise directly with the Claimant’s legal representation.

The Defendant has repeatedly and cordially indicated a willingness to engage directly and constructively with the Claimant, on multiple occasions offering to pay a small sum purely in a gesture of goodwill, while the Claimant has ignored these attempts to engage constructively including a period of 78 days of neglect to respond to the Defendant.

The Defendant avers that the Consumer Rights Act has been breached due to unfair/unclear terms and notices, pursuant to s62 and paying due regard to examples 6, 10, 14 & 18 of Schedule 2 and the requirements for fair dealing and good faith. Per Section 2 of this Defence, the Defendant avers that, considering his repeated attempts to engage with the Claimant directly, had a fair ADR process existed, this charge would have been cancelled.

DaftMonk

You may already have a CCJ, so log into MCOL to check (ONLY if you can do that quickly.  Don't spend hours setting up a Gateway account).

By the way, no CCJ yet on MCOL.

KeithP

DaftMonk said:

You may already have a CCJ, so log into MCOL to check (ONLY if you can do that quickly.  Don't spend hours setting up a Gateway account).

By the way, no CCJ yet on MCOL.

That's good.
Filing an AoS today was pointless.

Get your Defence filed tonight. The good news is that nothing untoward will happen before 8am tomorrow.

Use the guidance in the opening post of the Template Defence thread to file your Defence.

Coupon-mad

Remove all this and keep it for WS stage:

Having received this letter via postal mail on [REDACTED DATE], the Defendant designed and delivered an appeal via electronic mail to <NCP.ManagedServices@ncp.co.uk>; please see Exhibit 3a.

Following the submission of this appeal, the Defendant did not receive any reply from the Claimant for 78 days following this communication, despite three further attempts to contact the Claimant at the same electronic mailing address.

During this time, on [REDACTED DATE], the Defendant received a Letter of Claim via postal mail from the Claimant’s legal representation dated [REDACTED DATE]. After receiving this Letter of Claim at 20:47 GMT, the Defendant immediately contacted the Claimant at <NCP.ManagedServices@ncp.co.uk>; please see Exhibit 3b. At this time, at [REDACTED DATE], the Defendant also forwarded all written communication over electronic mail up to that point to <customer.service@ncp.co.uk>, in an attempt to resolve the matter quickly; please see Exhibit 3c.

On [REDACTED DATE] at 13:43 GMT, 78 days after his initial letter of appeal, the Defendant finally received a response back from the Claimant via electronic mail, sent from <NCP.ManagedServices@ncp.co.uk; please see Exhibit 3d.

On [REDACTED DATE] at 13:12 GMT, the Defendant attempted to contact the Claimant via their Chief Executive Officer, [REDACTED], in a final attempt to resolve the matter; please see Exhibit 3e. The Defendant at this point offered to pay [REDACTED AMOUNT] to consider the matter resolved and for legal action to be withdrawn.

On [REDACTED DATE] at 11:13 GMT, the Claimant, represented here by [REDACTED], responded to the Defendant’s Exhibit 3e requesting the Claimant liaise directly with the Claimant’s legal representation.

The Defendant has repeatedly and cordially indicated a willingness to engage directly and constructively with the Claimant, on multiple occasions offering to pay a small sum purely in a gesture of goodwill, while the Claimant has ignored these attempts to engage constructively including a period of 78 days of neglect to respond to the Defendant. 

The Defendant avers that the Consumer Rights Act has been breached due to unfair/unclear terms and notices, pursuant to s62 and paying due regard to examples 6, 10, 14 & 18 of Schedule 2 and the requirements for fair dealing and good faith. Per Section 2 of this Defence, the Defendant avers that, considering his repeated attempts to engage with the Claimant directly, had a fair ADR process existed, this charge would have been cancelled.