Should I challenge or pay?

Lostdog88

I got a parking ticket through the post from NCP in Bristol a while back, I basically parked in a yellow box in the car park, it was a car park that was generally used by the people working on our building site, I was in a hurry could find a spot so parked in the yellow box.

I paid for a ticket but knew I was supposed to park there,

I ignored all the NCP letter and the ignored all the debit collection letters but now got a Morside Legal letter and now they want £170.

Because I was parked in the yellow box knowing full well I was running the risk of getting the ticket should i still challenge it or should I now just pay it?

Gr1pr

Definitely Do Not Pay, fight. !

Lostdog88

https://forums.moneysavingexpert.com/discussion/comment/82093513#Comment_82093513

This is how I feel, but im no longer working in Bristol and if it goes to court its going to be a real pita, plus a day off work and not sure if ive got a leg to stand on.

If i do the template thing on the newbies section do they always drop it or is court still a possibility?

Gr1pr

They could do either, but NCP are currently in administration, so possibly cannot take it to a hearing

Any hearing would be at your local civil court, so not Bristol, unless that is your local civil court. ?

Emailing the LoC response template won't stop a future claim

Half_way

Unless you are an amputee, or are disabled you will have two legs to stand on.

Yellow boxes in a private car park could mean anything - ie parking for people buying bananas

Lostdog88

https://forums.moneysavingexpert.com/discussion/comment/82093522#Comment_82093522

No I live in Cornwall but currently working in Coventry.

Locally to my home address or can can i choose a civil court Locally to me?

Also the fact they've added on an extra £70 ive just read this is generally fround upon by the court, if it were to go to court and the judge kicks the claim out because of this would I then have grounds to claim compensation from them for harrasment and the time off work?

Sorry sounds quite a legaly indepth question

Gr1pr

You choose a convenient county court near you

The maximum is around £95 , plus parking and petrol

No you cannot claim harassment

Lostdog88

https://forums.moneysavingexpert.com/discussion/comment/82093540#Comment_82093540

Ok thank you for your help, much appreciated, ive got 3 days left to decide

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82093555#Comment_82093555

No you haven't! What do you mean? There is nothing to decide. It would be madness to pay £170 to avoid paying nothing.

You will NEVER have to pay this and will not have to attend a court hearing anywhere. Moorside always discontinue these ones, so let it play out.

NCP are in administration, as you will know because it was in the news in March. Their claims are especially easy to defend! A cinch to see off. The NTK was almost certainly non-POFA too, so incapable of holding a keeper liable.

Just follow what it says in post 2 of the NEWBIES FAQS thread.

fatbelly

The chances of this getting to a hearing are ridiculously small but as defendant you could have a case moved to Bodmin or Truro.

I used to like to get cases moved to Penzance in the old days. Maximum inconvenience plus the resident District Judge was mad as a bunch of frogs.

Unfortunately that court got closed and I suspect the judge has retired. Anyway ignore the speculative invoices and only react to a Letter Before Action, if one should ever come.

Lostdog88

I hadn't heard from them for a while so was hoping they had dropped it but!

Received this email on the 10th.

We write in relation to the above matter.

Please find attached a copy of the PCN for your review.

In relation to the outstanding amount, please see the breakdown below:

£100.00 – original Parking Charge amount.

£70.00 – additional amount applied following non-payment of the Parking Charge.

A further breakdown of the additional £70.00 is provided below:

Why is there an additional £70 added to the PCN amount?

Because the Parking Charge remained unpaid after it was due. Our Client made you aware that additional charges could be applied to the Parking Charge if it was not paid on time. They informed you of this on the parking signs and on any notices either placed on the vehicle or sent to you by post.

How is the £70 made up?

£70 is the amount set out in both the British Parking Association and International Parking Association Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required. Our Client is a member of ipc which is a government approved Accredited Trade Association (ATA) for Private Parking. Our Client adheres to the ATA’s Code of Practice. The £70 is a charge levied by our Client (the Parking Operator) to protect their legitimate interests. (Our Client’s legitimate interests for charging and additional fee is to encourage payment when the Parking Charge becomes due and to avoid the need for debt recovery.)

Does the £70 represent the cost of recovery? (or “loss to the operator”)

The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery. It is a fair amount set by our Client’s government-approved Accredited Trade Association Code of Practice. Ther are however also costs incurred by our client in relation to debt recovery services.

What are the costs of recovery / can you provide a breakdown of costs?

The cost to our client for our debt resolution services are commercially confidential and I am unable to disclose that information. The additional charge which has been levied on your Parking Charge of £70 is the amount set out in both the British Parking Association and International Parking Association Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required.

Do you charge VAT to your Client for your debt recovery services? / Is the VAT included or excluded in your fees to your client?

We adhere to HMRC rules on the treatment of VAT and as such we do charge our client VAT on top of our service fees.

Note that our client have declined your appeal, as such we cannot overturn the decision made.

We ask that you make the full payment of £340.00 within 7 days of receipt of this email.

You can make payment in the following ways:

Contact us on 0330 822 9950 (our opening times are Monday- Friday 9:00- 17:00);

portal.moorsidelegal.co.uk - Login to our portal

https://pay.moorside.legal - Quick Pay

If you fail to respond or make payment, we may be instructed by our client to issue legal proceedings against you. This will incur further costs and fees that will be added to the outstanding balance. You may wish to seek independent legal advice.

Yours sincerely,

Moorside Legal

They also enclosed 2 copies of the original tickets, ive got a couple of days to reply not sure what my next move should be ?