Norwich Traffic Control make claim via Northampton County Court against me... HELP!

elgordo9 · 26 September 2018 at 5:13PM

Hi All,

I'm a complete newbie so please be patient!

I have just received court paperwork from Northampton County Court for a claim from NTC (Norwich Traffic Control). The date of the alleged incident is in April 2017. Naturally, I don't remember this date in detail and I cannot recall receiving any correspondence from NTC regarding this claim.

I have submitted an Acknowledgement of Service online, which will be processed tomorrow, so now I am hoping to prepare a defence. Unfortunately I do not have any documents related to this claim so I am in the process of writing to BW Legal in order to request copies of all documentation they wish to use.

Does anyone have any advice? As a new user I can't seem to post a link to the court paperwork, however I have posted on PePiPoo too as trying to construct a defence asap.

Redx · 26 September 2018 at 5:16PM

use a SAR under the GDPR to request the paperwork, pictures and evidence from B W LEGAL and preferably from NTC

what is the DATE OF ISSUE on your claim form ?

we dont really need to see the form, just put the POC below with your reply to that date of issue

then read recent defences, especially the BARGEPOLE ones posted recently, then construct you DEFENCE draft and post it for critique , AFTER reading the NEWBIES FAQ sticky thread, post #2 , near the top of this forum

Coupon-mad · 26 September 2018 at 5:21PM

so I am in the process of writing to BW Legal in order to request copies of all documentation they wish to use.

No point. Don't waste your time.

Send NTC a SAR instead, direct to their Data Protection Officer. They MUST reply. The DPO contact details should be publicised in a 'privacy' notice on the trader's website.

Advice for a defence is go and look at the ones linked in the NEWBIES thread, post #2.

I added 2 or 3 recent ones there this week - try to hit a happy medium between bargepole's conciseness in his examples, and my longer efforts where I waffle on a bit but (hopefully) in a bespoke way re the facts of each case. You will see what I mean!

Bargepole is legally qualified, and is a man of few words in a defence. I'm not any of those things (I'm a non legally qualified woman of lots of words!).

It doesn't matter if you do not know what this is about, but get the SAR in tonight if it can be emailed to NTC's DPO, or posted ordinary 1st class in the morning with a free certificate of posting (NOT 'SIGNED FOR') being kept, from the PO Counter.

You can still write a defence if push comes to shove, if the SAR is not back quickly, and you have up to 33 days (MAX!) from the date of issue of the claim form.

What is the date of issue of the claim?

elgordo9 · 26 September 2018 at 5:32PM

Thank you all for your speedy responses!

The date of issue on the claim form is 25th September 2018.

Is there a template I should use for the SAR? So far I cannot seem to find an email for a DPO of NTC. I may be looking in the wrong place but I've scoured their website for the last 10 minutes or so.

Redx · 26 September 2018 at 5:34PM

read the GDPR 2018 thread by coupon_mad

The_Deep · 26 September 2018 at 5:37PM

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

elgordo9 · 26 September 2018 at 5:38PM

The Particulars of Claim are as follows:

The Claimant's Claim is for the sum of £70.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 15/04/2017 (Issue Date) at XX:XX:XX at St Andrews House Car Park in Norwich.
The PCN relates to Mini under the registration XXXX XXX.
The terms of the PCN allowed the Defendant 28 days from the Ussye Date to pay the PCN, but the defendant failed to do so.
Despite demand having been made, the defendant has failed to settle their outstanding liability.
The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 15/04/2017 to 24/09/2018 being an amount of £10.56.
The claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

Coupon-mad · 26 September 2018 at 5:47PM

Woefully inadequate particulars of claim; it doesn't even say on what basis they are holding you liable (driver or keeper - their liability to prove) or even what the alleged breach was, or what the contract was about.

And they can't just bolt on an extra £60 (that's double recovery and not allowed).

Send the SAR to the DPO at NTC then, if the website doesn't give an email.

Redx · 26 September 2018 at 5:50PM

the website gives a general email , so maybe email that for the attention of the DPO, plus send a letter with free cert of posting from the P O Counter (not signed for) as well, say that the letter has been sent in the email, just so they know, plus copy in your own email as well, to show successful receipt (to cover your own a**)

if necessary, set up a gmail email address for this task

KeithP · 26 September 2018 at 5:52PM

With a Claim Issue Date of 25th September, and having done the AoS in a timely manner, you have until 4pm on Monday 29th October 2018 to file your Defence.

That's well over four weeks away. Plenty of time to hone any Defence to perfection but don't leave it to the very last minute.

When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

beamerguy · 26 September 2018 at 6:01PM

elgordo9 wrote: »

The claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

This is a wheeze by BWLegal, you are the second today ?

WHAT CONTRACTUAL COSTS ????

They simply cannot claim this ...... what on earth do they
mean pursuant to the PCN ????

Any contract formed, if any, was on the signs and the PCN
came after
The PCN is not a contract, it is only an invoice

BWLegal are once again hiding the fact that the £60
is actually a fake addon related to debt collectors who
failed

Just like the other OP, BWLegal are trying to scam you

Norwich Traffic Control make claim via Northampton County Court against me... HELP!

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