NCP court claim no LBA or correspondance

nem39esis

2023 parked in NCP car park which had their “auto payment system” supposedly. This unbeknownst to me didn’t work, after parking twice a few  weeks later had a fine which I appealed on those grounds of their system not working as it should. 

Got the standard rejection letter, went to appeal with popla on the first which was upheld and case dropped by NCP. The second however the popla refrence was invalid. Sent an email back asking for a working reference and reminding them of recent upheld decision on the same circumstance. This was now April 2024. 

Since this date I’ve received no correspondence at all. Nothing. Then today receive a court claim form. No letter before action, no emails no letters nothing. 

What would you do? Call court about no LBA? Or do a full defence. 

Coupon-mad

The CNBC court service won't be interested re the lack of LBA. Thank your lucky stars they didn't issue this claim to an old address (which might be where the LBC went).

Show us:

 - the POC

 - the PCN (first letter)

 - and a pic of the sign if you have it

nem39esis

Coupon-mad said:

The CNBC court service won't be interested re the lack of LBA. Thank your lucky stars they didn't issue this claim to an old address (which might be where the LBC went).

Show us:

 - the POC

 - the PCN (first letter)

 - and a pic of the sign if you have it

Hi, so the main reason for this is due to the NCP autopay system being disabled at this car park-there was nothing stating this at all. So i parked here twice, once a few days before this one. I also got a PCN for that but after contesting through popla NCP withdrew the PCN on the grounds that the autopay system wasn't working (which of course i didn't know until they sent demand letters), alas with this one i was too slow in going to popla and the reference then didn't work. I emailed NCP to say it no longer worked and reminded them of the previous appeal which was upheld with the exact same circumstances. Heard nothing from them after that so assumed they'd given up. 

attached the initial PCN sent to lease company, and some photos, however my main defense appears to be based upon the fact the autopay system wasn't working. Now initially they stated in their rejection letter of my appeal that this car park was not autopay enabled, however after some back and forth with NCP on live chat I've it confirmed that all car barrierless car parks using anpr cameras are autopay enabled. also not long after all this a sign popped up in the car park saying autopay was undergoing maintenance-so clearly a lie. Also i offered to pay the parking fee (not the penalty charge) but they refused in my appeal letter.



[Image removed by Forum Team]

Gr1pr

And the redacted POC and issue date   ?

Any legal company involved   ?

nem39esis

just to add, the reason why NCP backed down and withdrew the first POPLA appeal was "autopay issue", and even speaking to POPLA they said they wouldn't be surprised therefore if the same applies to the the other if only days apart

nem39esis

Gr1pr said:

And the redacted POC and issue date   ?

Any legal company involved   ?

Moorside legal, I don’t have the other letter to myself as I binned it years ago. I can likely get them to resend a copy. 

Gr1pr

nem39esis said:

Gr1pr said:

And the redacted POC and issue date   ?

Any legal company involved   ?

Moorside legal, I don’t have the other letter to myself as I binned it years ago. I can likely get them to resend a copy. 

The POC and issue date are on the claim form,  the form you received recently , namely,  today

nem39esis

(Image removed by Forum Team) POC as per claim form 

Gr1pr

You didn't redact the VRM details,  nor did you give the Issue date either ( top right of the claim form   )

nem39esis

19th May issue date, I’ve already done the acknowledgement. I don’t have the car anymore so vrm no bother to me 

Coupon-mad

Easy enough.

There's a Moorside Legal defence starting paragraphs special version, linked in the Template Defence thread.

Really simple to copy. Don't show it here. We don't need to mark any of our own homework, just your paragraph 6!

Please show a picture of the actual T&Cs sign in the car park (would be in the POPLA evidence pack from your other case, if you kept a downloaded copy).

I really hope your nearest court isn't Cardiff because they are appalling and don't let people have face to face hearings.