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

Coupon-mad

All of it.

Put it all in.

I too am fascinated by this area, which is why I've posted here for 15 years to stop people falling for parking scams and rogue practice and it's why in 2020, I got accepted onto the BSI DLUHC Steering Group... discussions from which spawned that statutory Code of Practice! 

I can't talk about the Government work but it's no coincidence that the new Code is pretty robust.  There are people like me (effectively behind some of that wording) who have your back against this scam industry and their greedy Roboclaim bulk litigators who play a massive part in the problem. 

thewonder

Hi @Coupon-mad

I so appreciate the support on this and I'm now drafting my defence letter which I will sumbit this week. It's people like you who are making ordinary people's lives so much better and it pleases me to hear that you've been accepted onto the BSI steering group - quite an achievement!

I've added the additional points you suggested back on page 1 of this thread. In terms of the letter, I've drafted it saying I was driving and I'm adding almost all of the points listed within the defence template document (from the NEWBIES thread). My defence is around 13 pages long - is this typical? It's been challenging to keep all the points list in order but I've done my very best. I guess there is a fair amount of legal jargon which is needed in this type of letter.

I appreciate all of your help to date. I would love to you or anyone else helping a drink!

thewonder

Just to be 100% clear on the process:

1. I recieved a 'Claim Form' letter from NCP which I have until the 24th of June to reply
2. I'm currently drafting the defence letter and will focus on paragphs 2 + 3 based on my circumstances and add in some pointers from this thread (thank you!). I will add points 4 to 37 (statement of the truth) and the defence is complete?
3. I will will then email my defence (during working hours) to CCBCAQ and wait for my acknowledgement

Have I understood that correctly? @Coupon-mad @KeithP

I sincerely apprreciate all of your advice and support.

thewonder

I would really appreciate a quick review of my defence. I've merged another similar Gatwick NCP case and added additonal comments suggested earlier in this thread. I have removed a section about not recieving any of the letters (I felt that was no longer important). My instinct says I should cut this section down further, but I'd really appreciate an opinion on whether this is a suitable defence. 



The facts as known to the Defendant:

 

2.        It is admitted that on the material date the Defendant was the registered keeper and driver of the vehicle in question.

 

3.     On XXXX the Defendant travelled to Gatwick Airport to pickup their mother who had arrived on a flight from Edinburgh around 9am. The Defendant arrived at the airport during the busy early summer period with lots of traffic arriving and departing the many airport car parks. The Defendant followed the signage to the arrivals pickup area. On arrival to the NCP carpark, the Defendant notes that there were no signs stating a £100 charge for driving through.

 

4. Neither the Defendant or the driver of the vehicle noticed any clear signage around the stopping point. There was no parking meter or payment facility, or anything suggesting payment was required. Therefore no party in the vehicle was aware there was a charge. Given the road layout, nor would there have been a possibility of turning the vehicle around regardless - in essence it would have been impossible to read any terms and decide against them. This makes it (arguably) the imposition of a contract term unfairly. Furthermore, as a matter of fact and law, the Claimant (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'.  If the Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely, but not only is that not pleaded, it is also not legally possible because the Claimant is not the Airport owner and their 'parking charge' was not and never attempted to be a penalty.  It was created for their own profit (as opposed to a byelaws penalty that goes to the public purse) and the Claimant has relied on contract law allegations of breach against a driver only. The Defendant was not that driver and cannot be presumed to have been, nor pursued under some twisted interpretation of the law of agency.

 

1. 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.

 

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

 

1. 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."

KeithP

thewonder said:

Just to be 100% clear on the process:

1. I recieved a 'Claim Form' letter from NCP which I have until the 24th of June to reply

Who Mentioned 24th June?
You have until 24th July to file a Defence.  

thewonder

KeithP said:

thewonder said:

Just to be 100% clear on the process:

1. I recieved a 'Claim Form' letter from NCP which I have until the 24th of June to reply

Who Mentioned 24th June?
You have until 24th July to file a Defence.  

Hahaha yes! But so keen to send it! Will need a drink after sending it!!!

Coupon-mad

 I received a 'Claim Form' letter from NCP which I have until the 24th of June to reply.

I think you must mean by 24th July as advised by Keith.

This is important because there is now good reason to definitely delay defence submission till close to/at your deadline. Sorry if it might look conflicting with the usual advice "not to leave it till the last minute"!

It's because we are now in July and something big is coming.  Things are changing quickly this Summer and as you are now so close to the DLUHC's Announcement I would PREPARE the defence but hold off emailing it, wait and see (and of course diarise an alert for the date so you don't actually miss your deadline).

Your timing is perfect if the DLUHC in their Draft Impact Assessment (due in a couple of weeks) give us all some damning words to add!

I will be changing the Template Defence to suit, this month.

thewonder

Coupon-mad said:

 I received a 'Claim Form' letter from NCP which I have until the 24th of June to reply.

I think you must mean by 24th July as advised by Keith.

This is important because there is now good reason to definitely delay claims till close to/at your deadline. Sorry if it might look conflicting with the usual advice "not to leave it till the last minute"!

It's because we are now in July and something big is coming.  Things are changing quickly this Summer and as you are now so close to the DLUHC's Announcement I would PREPARE the defence but hold off emailing it, wait and see (and of course diarise an alert for the date so you don't actually miss your deadline).

Your timing is perfect if the DLUHC in their Draft Impact Assessment (due in a couple of weeks) give us all some damning words to add!

I will be changing the Template Defence to suit, this month.

Oh THIS IS SO EXCITING! I SMELL JUSTICE!  (and yes, the AOL got me until 24th July). My only is issue is that I have to travel for work on 20th July and I fear the next 2 weeks will fly by!

So I would still like to prepare my defence just in case things are delayed etc and ensure I'm on the right track.

Do you think my paragraph 2 and 3 (posted earlier) is up to scratch? I do feel it's rather long, but it would be great to know if it's hit the right points for a defence letter.

Coupon-mad

It's too long (too descriptive) and alarmingly, you are being inadvertently untruthful.

In 2 you've said/admitted "and driver" yet in 4 you say "the D was not that driver".

thewonder

Coupon-mad said:

It's too long (too descriptive) and alarmingly, you are being inadvertently untruthful.

In 2 you've said/admitted "and driver" yet in 4 you say "the D was not that driver".

Sorry! I should have reworded the opening sentence in secton 4. 

I'll work on shortening it and making it clearer for the reader.

I appreciate all of your help on this! Maybe effort will (hopefully) be unneccessary if the law changes this month!