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NCP / BW Legal - Claim Form received
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Fingerbobs
Posts: 1,640 Forumite
Hi all.
Received my first ever Parking Charge Notice from NCP a few months ago, as the registered keeper of a vehicle which, according to the notice, over-stayed in an NCP car park in April 2018.
Being rather naive and inexperienced at this sort of thing, I didn't worry, and simply ignored all the letters from various entities including NCP themselves, Trace Debt Recovery (which I understand are part of NCP?) and BW Legal.
I didn't realise that the "Letter Of Claim" meant that things were getting serious, and just added it to my pile of correspondence without thinking about it.
Yesterday, I received a "Claim Form" which I initially dismissed as well because it looked so amateurish, and didn't include a hearing date. Only the presence of an an official .gov.uk web address on the form got me thinking, and led me to this forum, which suggests I need to take action.
The original demand letter showed photographs of my car entering and exiting the car park, with timings suggesting that the vehicle had stayed for just over 3 hours in the car park. The length of time that was actually paid for is not stated anywhere on any of the letters or documentation I have been sent. All of the documentation only includes entry and exit timings, and the event in question occurred more than six months ago so I don't actually know how long was paid for.
The only real defence I can think of is that the amount being asked for is disproportionate to the length of the stay in the car park (they're asking for £160 for a stay of 3 hours, when the normal rate for that car park is around £4 per hour) - and after reading the FAQ in this forum it sounds like this is a weak defence.
Is it worth defending it, or should I just cough up?
Received my first ever Parking Charge Notice from NCP a few months ago, as the registered keeper of a vehicle which, according to the notice, over-stayed in an NCP car park in April 2018.
Being rather naive and inexperienced at this sort of thing, I didn't worry, and simply ignored all the letters from various entities including NCP themselves, Trace Debt Recovery (which I understand are part of NCP?) and BW Legal.
I didn't realise that the "Letter Of Claim" meant that things were getting serious, and just added it to my pile of correspondence without thinking about it.
Yesterday, I received a "Claim Form" which I initially dismissed as well because it looked so amateurish, and didn't include a hearing date. Only the presence of an an official .gov.uk web address on the form got me thinking, and led me to this forum, which suggests I need to take action.
The original demand letter showed photographs of my car entering and exiting the car park, with timings suggesting that the vehicle had stayed for just over 3 hours in the car park. The length of time that was actually paid for is not stated anywhere on any of the letters or documentation I have been sent. All of the documentation only includes entry and exit timings, and the event in question occurred more than six months ago so I don't actually know how long was paid for.
The only real defence I can think of is that the amount being asked for is disproportionate to the length of the stay in the car park (they're asking for £160 for a stay of 3 hours, when the normal rate for that car park is around £4 per hour) - and after reading the FAQ in this forum it sounds like this is a weak defence.
Is it worth defending it, or should I just cough up?
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Comments
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You do not owe £160 .... £60 of that is a scam fake add on
from the debt collector and BWLegal dress this up in
different ways such as admin, contractual charge etc etc
So, how long did you overstay ??? what were the times
given ??
"The only real defence I can think of is that the amount being asked for is disproportionate to the length of the stay in the car park (they're asking for £160 for a stay of 3 hours, when the normal rate for that car park is around £4 per hour) - and after reading the FAQ in this forum it sounds like this is a weak defence."
You are not being charged for 3 hrs parking, you are being charged
for an overstay0 -
I genuinely do not know how long was paid for, so I don't know how long the overstay was, or indeed if an overstay occurred at all.
I know I am not being charged for parking but for an overstay, but the charge for the overstay is completely disproportionate to the standard rate for the car park in question. Reading the FAQs, I thought this was a potential defence, albeit a weak one.0 -
The original demand letter showed photographs of my car entering and exiting the car park, with timings suggesting that the vehicle had stayed for just over 3 hours in the car park. The length of time that was actually paid for is not stated anywhere on any of the letters or documentation
And that's what I asked ...... what are the timings shown
Assume this was a pay at machine car park so if they
are claiming you stayed over the 3 hrs, can we assume
you paid for 3 hours
Think of this logically0 -
What is the Date of Issue on your Claim Form?0
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And that's what I asked ...... what are the timings shown
Assume this was a pay at machine car park so if they
are claiming you stayed over the 3 hrs, can we assume
you paid for 3 hours
Think of this logically
I appreciate you are trying to help, thank you, but I don't want to post the exact timings as this would then form a clear link between this thread and the case, which, as this is a public forum, I do not want to happen.
The length of time paid for cannot be inferred from the entry and exit timings, and I have no record of the length of time paid for.What is the Date of Issue on your Claim Form?
18th October 2018.0 -
Fingerbobs wrote: »I appreciate you are trying to help, thank you, but I don't want to post the exact timings as this would then form a clear link between this thread and the case, which, as this is a public forum, I do not want to happen.
The length of time paid for cannot be inferred from the entry and exit timings, and I have no record of the length of time paid for.
18th October 2018.
How do you expect help when you don't help us.
As long as you don't show your name, reg no and driver
what's the problem ?
NCP are dealing with many more cases than yours.
We cannot force you for the info ... up to you0 -
With a Claim Issue Date of 18th October, you have until Tuesday 6th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.Fingerbobs wrote: »18th October 2018.
Having done the AoS, you then have until 4pm on Tuesday 20th November 2018 to file your Defence.
A whole month. Loads of time to produce a perfect Defence, 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 suggested here:-
Print your Defence.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- 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'.
- Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
- Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
- Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
0 - Sign it and date it.
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Thanks very much for the assistance.
As per the FAQ, I will prepare a draft Defence and post it here for critique, but at the moment I am still not sure whether to even bother to defend the claim, so will hold off submitting the AoS until I've got some feedback on my Defence.
I can afford to pay them, so I would only be fighting "on principle" anyway, and it a stress in my life I could do without if I don't have a realistic chance of winning.0 -
You may as well do the AoS - it gives you twice as long to 'think about it', or twice as long to write a Defence that may well be good enough.Fingerbobs wrote: »Thanks very much for the assistance.
As per the FAQ, I will prepare a draft Defence and post it here for critique, but at the moment I am still not sure whether to even bother to defend the claim, so will hold off submitting the AoS until I've got some feedback on my Defence.
I can afford to pay them, so I would only be fighting "on principle" anyway, and it a stress in my life I could do without if I don't have a realistic chance of winning.
I cannot think of any reason not to do the AoS. It's ten minutes work.0 -
My reason for holding off submitting the AoS is that I have to state my intention to "defend all of the claim" - which I am not sure I will do yet.You may as well do the AoS - it gives you twice as long to 'think about it', or twice as long to write a Defence that may well be good enough.
I cannot think of any reason not to do the AoS. It's ten minutes work.
Does it matter if I do this, but then subsequently decide not to submit a defence?0
This discussion has been closed.
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