NCP fine and Trace Debt Recovery letter

pixie_man

Hi all, 
I read a lot posts, but non really describing similar situation to mine, hence this new thread.
I parked on one of NCP car parks and tried to pay for it, but machines were removed and only way to pay was their app. I never used their car park, so had to download the app and create an account. There were only long term paring options on the app (2 options £100 and £150) to choose from. I wanted to stay for 1h. There was a board at the entry showing prices from 1h for £1.5. But these options were not available on their app. So I called their helpline to pay over the phone. I spoke to someone who told me they cannot take payment and they will redirect me to someone else. I was waiting on the phone, but after 10 min I lost my patience and disconnected and left the car park. Overall I spend 20 min trying to pay for this parking and my car was in the parking bay. They sent me a PCN which I challenged describing situation as above and attaching a screenshot of my phone showing 15 min call with them on that day. They rejected my appeal, but their email went to my spam folder and I missed the deadline to appeal with Popla. I realized that when I got second letter from them. I called them to reissue the code for Popla which obviously they ignored and never sent me new code. Instead I received last week letter from Trace asking me kindly to pay £170 for 20min wasted on trying to pay for NCP carpark. 
I used advise from this forum before, and it worked so thank you all for doing what you're doing I hope you can also help me this time. I am determined to go to court with this and sue NCP for wasted time and nerves on trying to deal with this joke company... Please guide me what is the best way to approach this. Thank you in advance!

Fruitcake

It is not a fine.

Trace are a powerless debt collector and can be ignored.

Plan A is always a complaint to the Landowner and your MP.

You can't sue for wasted time and nerves. You could issue a claim in the county court for a DPA/GDPR breach, but you would need solid proof of this, and a judge who thoroughly understands the unregulated parking industry and the DPA/GDPR.

Personally I would make your complaints then get on with your life and see if NCP are daft enough to make a court claim against you. 

Coupon-mad

You must ignore Trace letters.

pixie_man

Fruitcake said:

It is not a fine.

Trace are a powerless debt collector and can be ignored.

Plan A is always a complaint to the DVLA and your MP.

You can't sue for wasted time and nerves. You could issue a claim in the county court for a DPA/GDPR breach, but you would need solid proof of this, and a judge who thoroughly understands the unregulated parking industry and the DPA/GDPR.

Personally I would make your complaints then get on with your life and see if NCP are daft enough to make a court claim against you. 

Thank you Fruitcake, does this mean that NCP rarely takes people to court?  

Fruitcake

No, NCP do take people to court. I just think they would be daft to do so in your case because you were savvy enough to take a screenshot of your 15 minute attempt to resolve their payment issues.

pixie_man

Hi again,
There is continuation and movement on my case. I now got two letters from another debt collector company BWLegal. I am really annoyed that NPC is pursuing this and now shared my details with another company. I ignored first letter and now I got Final Demand... They mention now Letter of Claim. 
I wonder if I should contact NPC and request them to stop this? Or Should I contact BWL? 
Can you please advise what would be best steps? 
Thanks!

Coupon-mad

Read the LBC advice in the NEWBIES thread.

  

pixie_man

Hi Coupon-mad I want to use your example of the letter, however it says that "alleged dept is disputed" , should I be contacting NCP at all? Trying to clarify anything with them? Or just send the below to BWLegal? :

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.
I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

Fruitcake

Normally you would respond to the solicitors, but there is nothing stopping you from sending the above to NCP as well.

pixie_man

Yes of course but I am wondering if I should be reaching out to NCP and try to complain or something? And most importantly can I demand from NCP not to send me any more debt collectors? 

Fruitcake

"Reaching out?"      *shudders*

You can complain and demand all you want of NCP, but the only ways to stop this are with a landowner cancellation or a dismissal in court. It is in that direction that your energies should be concentrated.