NCP fine and Trace Debt Recovery letter

pixie_man

Also is there any chance that based on the above letter sent to them they will stop proceedings or should I start to prepare for court straight away? I want this to stop without being charged ideally to avoid court. Is it still avoidable at this staged in my case? 

pixie_man

This is the letter I put together for my case, can you please have a look and advise if I should add/remove anything? Thank you in advance:

I write with reference to a “Letter before Claim” reference xxxxx dated 24th of November 2023, but not received until the 1st of December 2023, informing me of a 30-day window in which to take action.

Reducing the available time this way already tells me the kind of unscrupulous people I'm dealing with and suggests that you should date your letters closer to their actual posting date, lest it be seen as trying to manipulate a system and additionally cause unwarranted stress, fear and anxiety over alleged debts.

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".

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?

I require you/your clients to cancel the PCN and erase my data within 14 days of this email.

If you persist in processing and/or sharing my data and in the event of BW Legal Serviced Limited or NCP Limited filing a court claim, take note that I will file a Part 20 counterclaim for not less than £500.  This will be claimed as damages for distress arising as a result of clear breaches of the Data Protection Act 2018 and/or the Protection from Harassment Act 1997.

I will rely upon the case of Simon Clay v Civil Enforcement Ltd and similar cases that have succeeded. 

Coupon-mad

pixie_man said:

Also is there any chance that based on the above letter sent to them they will stop proceedings or should I start to prepare for court straight away? I want this to stop without being charged ideally to avoid court. Is it still avoidable at this staged in my case? 

Avoidable if the landowner will cancel it for you.  That's why the NEWBIES thread pushes that as PLAN A.

Court claim is no biggie though. It's where cases are won, no risk as long as you follow our advice.

Remove this which really isn't a point:

"Reducing the available time this way already tells me the kind of unscrupulous people I'm dealing with and suggests that you should date your letters closer to their actual posting date, lest it be seen as trying to manipulate a system and additionally cause unwarranted stress, fear and anxiety over alleged debts."

And why do you think in your case you have grounds to counterclaim?

You haven't mentioned your reasons to dispute the PCN that might suggest you have a basis to counterclaim.

pixie_man

Hi 
I probably don't. I never agreed for them sharing my personal data. But they probably have some ways of passing my detail to companies like bwlegalam. I would ideally like to sue them for all the wasted time and stress and horrible customer service. I would rather be uying christmas presents now that writing email to BWlegal or posts on this forum (no offence ) WHat are the grounds for counterclaim? Any post you can refer me to?  

Coupon-mad

You won't have a counterclaim. Just remove that bit, add some facts about crap signs or whatever, and get it emailed

pixie_man

Coupon-mad said:

You won't have a counterclaim. Just remove that bit, add some facts about crap signs or whatever, and get it emailed

What are the reasons for counter claim then? Any articles I can refer to?
Please see below my final draft. I am not sure if I should be describing this all again? Does this look ok to you? 

Proposed Legal Proceedings
Claimant: BW Legal Services Ltd

I write with reference to a “Letter before Claim” reference xxxx dated 24th of November 2023, but not received until the 1st of December 2023, informing me of a 30-day window in which to take action.

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').

As described in my original PCN appeal I disagree with the charges. I had all intentions to pay for the carpark, however NCP made it extremely difficult. There were no payment machines at the time. QR code available on the signage took me to NCP APP download. I never used their car park, so had to download the app and create an account. There were only long-term parking options on the app (2 options: £100 and £150) to choose from. I wanted to stay for 1h only. There was a board at the entry showing prices and cost for 1h was £1.5. However, such option was not available to choose from on the app. After this payment method failed, I called NCP helpline to pay over the phone. I spoke to someone who told me they cannot take payment for a short stay and they will redirect me to someone else. I was waiting on the phone, but after 10 min (I have a proof of this call), having lost my patience and 20min of my lunch break I gave up and left the car park. Overall, I spend 20 min trying to pay for this parking. I do not agree with NCP argumentation to reject my appeal. I think spending 20 min to pay for a car park is already excessive and I do not care that others were able to make payments on that day. The best proof, that the signage on this site was incorrect/poor, is the fact that since April 23, NCP have installed brand new payment machines.

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

Coupon-mad

Remove your long paragraph and just put:

As described in my original PCN appeal I dispute the charge which arose due to NCP's payment methods failing, despite my best endeavours to pay.

There were no payment machines at the time although since April 23, NCP have installed new payment machines, no doubt due to the level of complaints from victims. The QR code on the signage took me to a system to download the NCP app and create an account, which took several minutes.

There was a board at the entry showing prices and cost for 1hour was £1.50.  However, no such option was available to choose on the app. After this payment method failed, I called NCP helpline to pay over the phone. I spoke to someone who told me they cannot take payment for a short stay and they will redirect me to someone else. Nothing happened; no-one else answered. Having lost 20min of my lunch break I gave up and left the car park. No contract was accepted by my conduct and no 'green button' (or app equivalent) was pressed to start parking time. I rejected the contract by leaving, it having been impossible to perform.

1505grandad

"Claimant: BW Legal Services Ltd"  -  wrong name

Coupon-mad

Good spot.

Of course the solicitor isn't the Claimant.

pixie_man

Thank you all for your help and comments. So now I have the letter but cannot send it via email. BWlegal does not have email anywhere (letters I got nor website). I tried submitting it via their website but the won't let me and tell me to call them. Should I print the letter and send it to them via post? I saw you said in Newbies it shouldn't be posted as a letter and to be send via email. Is that still the case?  What is the reason for this?  Please advise.