NCP Charge / BW Legal letter / Claim Form

Focus1568

Hi,

I received two PCNs from NCP for parking in a station carpark (where I park regularly) without payment. Once in June 2022, and once in September 2022. You pay at a machine or on an app, and don't display a ticket. It's highly likely that I forgot to pay on those two dates. 

I ignored the letters and didn't appeal - which I now realise wasn't the best approach (but I had done this previously a few years ago with other PCNs and they had disappeared).

Anyway, I have got home from holiday today and have received two letters: one from BW Legal for the September 2022 PCN, saying my letter of claim from them will expire on 23rd August and if I dont pay them £170 it may lead to a CCJ against me. 

The second is from the Civil National Business Centre re the June 2022 PCN. This is a Claim Form asking for £272.16. The date of the claim is 23rd August. 

My question is, given that I probably didn't buy parking tickets on those two occasions, and given that I haven't followed the guidance given to appeal etc, can I still follow the Newbie guidance to appeal/defend at this stage? Or am I better off just paying these amounts to ensure my credit rating isn't affected?

I've just been made redundant and am a single parent, so money is very tight. I'm not sure whether it's best to pay the money at this stage to make this go away.

Or is there any sort of defence I can make, or any way to at least reduce these amounts?

Thanks in advance

Focus1568

Here is the claim form that’s been sent for the June charge. 

[Image removed by moderation team]

Coupon-mad

You aren't appealing!  Don't read the wrong bit of the NEWBIES thread.

Of course you can defend. Did you miss the NCP railway thread I started about a case I won this Spring?  No link.  Easy to find by searching.

Focus1568

Thank you - I will look for that thread now. 

I guess I'm wondering if there's still a reasonable way to defend if you haven't gone through the Appeal process. 

Focus1568

@Coupon-mad Thanks for the thread details - I've had a look now. I think the thought of going to court is just very daunting, especially given my lack of knowledge around this, and it makes me wonder if it's better to pay these charges now. But I guess that's how they get people!

KeithP

You've left the Claim Number and MCOL password clearly visible.
I wonder what a mischievous person might be able to do with that?

With a Claim Issue Date of 23rd August, you have until Monday 11th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 25th September 2023 to file your Defence.

That's well 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Focus1568

@KeithP maybe a rich mischievous person might pay the charges for me

Thank you. I will take a look now. I guess my main concern is that I’m not sure I have much of a defence if I didn’t remember to purchase a ticket! The frustrating thing is the amount of money they’re wanting to recover for it. 

If I acknowledge this and prepare a defence, is it definite that this will result in me needing to attend court? 

Focus1568

Should I potentially admit part of the amount claimed in the Acknowledgement of Service? 

Additionally, NCP also owe me money from February when they charged me five times for one days parking. Can I mention this as a counter claim or is that a totally separate issue? 

KeithP

Focus1568 said:

Should I potentially admit part of the amount claimed in the Acknowledgement of Service? 

No. Definitely not.
Have you read the guidance on how to file an Acknowledgment of Service yet?

Focus1568 said:

Additionally, NCP also owe me money from February when they charged me five times for one days parking. Can I mention this as a counter claim or is that a totally separate issue? 

Totally irrelevant.

Coupon-mad

Absolutely DO NOT ADMIT any of the claim.  Do exactly what the Template Defence thread says.

Re the 5 x charges, put in a complaint on NCP's complaints page. If they fail to refund it, report them to the BPA AOS team.  But the defence is your priority.

Harvez63

Focus1568 said:

@Coupon-mad Thanks for the thread details - I've had a look now. I think the thought of going to court is just very daunting, especially given my lack of knowledge around this, and it makes me wonder if it's better to pay these charges now. But I guess that's how they get people!

Dont think of court as a room full of judges/lawyers/witnesses. Normally its just a small room like any other meeting room. They use "court" to scare you, get over the court bit and you'll be fine. Remember fear is their #1 tactic