Help! Gatwick NCP PCN just sent me CC Claim (I think I'm on the right track!)

thewonder

Dear fellow MSE's,

I need some quick pointers on submitting my defence in response to a County Court letter (issue date 20th June 2023). Last summer, I clearly took the wrong lane at the Gatwick NCP car park. I moved flat last summer and haven't heard anything until this month where I now have a letter of claim. I was just about to pay the amount as I'm concerned I'll get a CCJ (I'm applying for a mortgage later this year!). But I was relieved to see others who have found a way to successfully defend this claim. I have read over the guidelines in the NEWBIES section (very helpful!) and I've signed up for the MCOL website and I've followed the guidelines to extend the time using the AOS form. I noticed a few templete options and I wanted to check a couple pof things to make sure that I'm on the right track!

1. Is this the best template to use?

I can't post the link but I beleive it dates from March 2023.

2. Once I've completed the template (based on my circumstances), should I submit the defence via MCOL website or go straight to the email option? 

I sincerely appreciate all support and advice on this. It's caused me lots of stress and I just wnat to make sure I'm doing this right. Hoping justice prevails! :-)

thewonder

I should also add that 'BW Legal' are listed as the address to send documents and payments. Do you I go straight to the defence part (above) and contact BW? Again, appreciate any direction on this.

KeithP

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

You don't contact BW at all at this stage, as you don't appear to be at 'LETTER OF CLAIM' stage.

You appear to say you are actually at CLAIM FORM stage? Please answer Keith's question.

If you drove straight through, then that, the fact there was no parking event and the appalling lack of contractual signs will be in your paragraph 3.

thewonder

Hi @KeithP and @Coupon-mad Thanks for the replies

I filed the AOS today (28th June). I've got the claim history up in front of me.

Thanks @Coupon-mad I honestly had no idea I'd caused any offence. I'm very careful when driving and I've never had anything like this happen before. Just to be clear: thjis is paragraph 3 (page 2) of the defence letter published in March 2023?

Yes - I'm at the CLAIM FORM stage and only received it on Monday. So, my next stage is the defence letter? Is that correct?

Thank you both.

Coupon-mad

It's not page 2 if it's only para 3!  Yes you are adapting the template defence.

Do they have your correct address now?

thewonder

Coupon-mad said:

It's not page 2 if it's only para 3!  Yes you are adapting the template defence.

Do they have your correct address now?

Yes! Sorry. Thanks @Coupon-mad

I'm currently working through the defence letter and I will focus on paragraph 3 just now. 

They have my correct address now. There are also two apartment blocks on my street with the same numbering system so my mail often goes missing. Rather frustrating indeed.

Do you know if there is a good success rate at this stage of the process?

KeithP

thewonder said:

I need some quick pointers on submitting my defence in response to a County Court letter (issue date 20th June 2023).

thewonder said:

I filed the AOS today (28th June).

With a Claim Issue Date of 20th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th Juky 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

thewonder

Great, thanks @KeithP. I will submit the defence via email and email to send it by the end of the week.

I noticed some people saying it takes around 30-1hour to complete. Would you say this is typical? I will say that I was driving the car but focus on all the major defence points listed in the letter

Coupon-mad

thewonder said:

Coupon-mad said:

It's not page 2 if it's only para 3!  Yes you are adapting the template defence.

Do they have your correct address now?

Yes! Sorry. Thanks @Coupon-mad

I'm currently working through the defence letter and I will focus on paragraph 3 just now. 

They have my correct address now. There are also two apartment blocks on my street with the same numbering system so my mail often goes missing. Rather frustrating indeed.

Do you know if there is a good success rate at this stage of the process?

You can't lose.  I think they'll discontinue later.

You didn't park or even stop (presumably?).

As a matter of fact and DVLA 'KADOE' rule, there was no 'reasonable cause' to obtain your DVLA data, which is ONLY given out for periods of parking.  Not for moving traffic 'entering a zone' pseudo-offences; these are not supported on private land. There has to be 'parking' to issue a parking charge using DVLA data.

Secondly, the yellow sign high above the lane only mentions "£5 fee for dropping off".  Not £100 for driving through.

As a matter of contract law within the private parking regime, there was no parking contract in play; no £100 could possibly have been agreed without being afforded the opportunity to see that onerous clause, and there was also no breach of a 'relevant obligation' (POFA definition) which only applies to 'periods  of parking' (POFA definition again).  Plus this is defined by the Government now, in the new statutory Code of Practice (stalled but soon to be resurrected in July) which says:

"2.19 parked/parking

an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving"

and

"2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)

This is not the period between a vehicle being recorded as entering and departing controlled land."

thewonder

This is genuinely fascinating to me and I feel very motivated to get my defense letter to them ASAP.

Do you think I should include any of these points (e.g. 2.19 and 2.24) within the defence letter? Or just stick to the original template?

I didn't park or stop at all. So you think NCP will discontinue?