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  • FIRST POST
    • youdontsay
    • By youdontsay 5th Feb 18, 6:19 PM
    • 69Posts
    • 53Thanks
    youdontsay
    Six year old ticket
    • #1
    • 5th Feb 18, 6:19 PM
    Six year old ticket 5th Feb 18 at 6:19 PM
    About a week ago I received a claim form telling me I was about to be taken to court for a ticket I allegedly received 6 years ago., and that 262 is payable by me.This was the first knowledge I have of this and have no recollection of it even happening.
    Over the last week I have scoured the internet and have read lots of advice I believe Im more limited as to what I can do because Excel who operate the car park are not a member of the BPA?
    I have also been to the Citizens advice bureau who I believe said that I was limited as to what I can do because court proceedings are already in the pipeline.
    I am quite frantic as I cannot pay this amount and even this morning as I was again searching on this site and various others, I received a letter from BW Legal who represent Excel to say I will be going to court.
    I rang BW legal to request the evidence and they have instructed me to contest the claim due to having no knowledge previously, and also to request the evidence myself.
    I think the most likely scenario is that the car may have been driven in and straight back out without parking as very few people use this particular car park as it is widely known in the area for its unfair practices.
    I have written the letter and sent it today, but is there anything else I should have done in order to get this turned around?
    The letter was worded as follows
    'I received a claim form from Northampton Courts approx a week ago, stating that I was being taken to court for an alleged parking offence. This is the first knowledge I have of this as the parking ticket was nearly six years old. There is an issue with postal services as there is a house nearby which has practically an identical address but, having scoured the internet for advice on this matter, I understand that there should have been many steps prior to this action, and I fail to believe that all correspondence would have gone astray. I request that you send me the evidence that you hold which has led you to believe a parking offence has been committed, without which this issue cannot go forward. Please send me the necessary evidence. Thank you'
    The date of the ticket was 12th Feb 2012, so actually just under six years.
    Last edited by youdontsay; 05-02-2018 at 10:32 PM. Reason: Wording error
Page 1
    • Redx
    • By Redx 5th Feb 18, 6:21 PM
    • 17,825 Posts
    • 22,477 Thanks
    Redx
    • #2
    • 5th Feb 18, 6:21 PM
    • #2
    • 5th Feb 18, 6:21 PM
    split your post into paragraphs and remove any hint of who was driving

    the DRIVER drove on the day

    THE KEEPER has received all the postal paperwork

    you should not have written any letetrs without checking with us first

    post a redacted copy of that letter on here

    after 6 years the PPC cannot issue a court claim, so if it is 6 years old it is statute barred , so do not reply

    if however, you have an MCOL from Northampton, within this 6 year time window , then it needs to be dealt with

    Excel were BPA members back in oct 2012

    what date was the original ticket and pcn notice ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • beamerguy
    • By beamerguy 5th Feb 18, 6:45 PM
    • 7,188 Posts
    • 9,514 Thanks
    beamerguy
    • #3
    • 5th Feb 18, 6:45 PM
    • #3
    • 5th Feb 18, 6:45 PM
    youdontsay ....

    You say ...... I received a claim form telling me I was about to be taken to court

    A claim form tells you ... YOU ARE being taken to court
    not about to be ???

    The CAB has very little knowledge of the parking scam

    BWLegal must now strictly follow the claims procedure
    as of the 1st Oct 2017
    This means they must provide you full details of their claim
    and give you 30 days to respond

    So is this a real claim form from Northampton or BWLegal
    mocking up a scary letter
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 5th Feb 18, 7:29 PM
    • 17,341 Posts
    • 27,314 Thanks
    Umkomaas
    • #4
    • 5th Feb 18, 7:29 PM
    • #4
    • 5th Feb 18, 7:29 PM
    Precise date of alleged parking infringement please?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • youdontsay
    • By youdontsay 5th Feb 18, 10:42 PM
    • 69 Posts
    • 53 Thanks
    youdontsay
    • #5
    • 5th Feb 18, 10:42 PM
    Six year old ticket
    • #5
    • 5th Feb 18, 10:42 PM
    Im wondering if the clue is in the fact that, if indeed the time frame is 6 years, that they have contacted me after all this time, but just inside the 6 years ( 7 days inside to be precise)?
    • Redx
    • By Redx 5th Feb 18, 10:46 PM
    • 17,825 Posts
    • 22,477 Thanks
    Redx
    • #6
    • 5th Feb 18, 10:46 PM
    • #6
    • 5th Feb 18, 10:46 PM
    usually they do it a few weeks or months prior, but yes , once 6 years is up the alleged debt is still owed but cannot be recovered in the courts

    you should have let it time out and ignored them if it was an LBC

    I am worried about what was in the letter you sent

    also, did you get an MCOL in the post from Northampton CCBC ?

    or was this letter a formal LBC following the oct2017 protocols ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 10:50 PM
    • 56,325 Posts
    • 69,940 Thanks
    Coupon-mad
    • #7
    • 5th Feb 18, 10:50 PM
    • #7
    • 5th Feb 18, 10:50 PM
    I have written the letter and sent it today, but is there anything else I should have done in order to get this turned around?
    The letter was worded as follows
    'I received a claim form from Northampton Courts approx a week ago'',
    You've had a claim form, so see post #2 of the NEWBIES FAQS and get the claim acknowledged on MCOL, then show us your defence that must follow.

    You MUST do the AOS, writing to the solicitor was the WRONG THING, hasn't hurt but you can't ignore court process.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Redx
    • By Redx 5th Feb 18, 10:58 PM
    • 17,825 Posts
    • 22,477 Thanks
    Redx
    • #8
    • 5th Feb 18, 10:58 PM
    • #8
    • 5th Feb 18, 10:58 PM
    as above

    I see you have edited post #1 and it appears the letter you received in the post was a court claim MCOL from Northampton CCBC, they issued it just before the 6 year deadline

    so you have a live court claim to acknowledge and to defend , so see post #2 of the NEWBIES sticky thread as you do not have long to defend it before the claim form "times out" and a default judgment would be entered against you

    do the AOS online and then start to draft your defence
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • youdontsay
    • By youdontsay 5th Feb 18, 11:10 PM
    • 69 Posts
    • 53 Thanks
    youdontsay
    • #9
    • 5th Feb 18, 11:10 PM
    Six year old ticket
    • #9
    • 5th Feb 18, 11:10 PM
    Im so sorry to sound stupid, but Im not understanding the abbreviations of MCOL, AOS and LBC?

    Im not at all familiar with legal terms etc. Im a 63 year old woman and have never been to court. Im by no means perfect but I do abide by the law and so this situation is completely alien to me.

    I was very scared when I got the letter a week ago and have been trying to get the right advice ever since. But when I received the letter today from BW Legal I have to admit I panicked.

    The letter I sent was to the courts, thats where BW Legal advised me to send it
    • pappa golf
    • By pappa golf 5th Feb 18, 11:12 PM
    • 8,706 Posts
    • 9,295 Thanks
    pappa golf
    ploease stop ringing or listening to BW legal , they are not your friends they want your money! and will trick you if they can
    Save a Rachael

    buy a share in crapita
    • youdontsay
    • By youdontsay 5th Feb 18, 11:14 PM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    I edited my original post on the advice of Redx, I wasnt sure why, but trying to keep to the advice here.

    Its a shame that this morning I was in the process of trying to log in here when the letter from BW came. A few more minutes and I would have been talking to you guys who seem to know whats what.
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 11:15 PM
    • 56,325 Posts
    • 69,940 Thanks
    Coupon-mad
    I'm not understanding the abbreviations of MCOL, AOS and LBC?
    That's why I explain them all in the FAQS thread!

    I am also a woman who has never been to court, and I'm only 10 years younger than you so don't write yourself off! I maintain the NEWBIES thread because I find this area of law v scam interesting, keeps me busy in my spare time, after working full time.

    I'm not legally trained either, but like you, I am law abiding and I can spot a scam.

    The NEWBIES FAQS thread shows you in pictures, how to do the AOS (acknowledge the claim).

    Loads of scared posters EXACTLY like you have succeeded with this! You will amaze yourself.
    Last edited by Coupon-mad; 05-02-2018 at 11:17 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Redx
    • By Redx 5th Feb 18, 11:17 PM
    • 17,825 Posts
    • 22,477 Thanks
    Redx
    the abbreviations for the acronyms with explanations are in post #5 of the newbies sticky thread - please get up to speed on them as the small claims court system was enacted in 1973 !! (so back when you were in your late teens)

    I too am nearly 63 although not a lady like yourself, age is no barrier to knowledge for most people like us

    read the bargepole timeline , do the AOS by logging in online but DO NOT PUT ANYTHING AT ALL IN THE DEFENCE BOX - DETAILS ARE ALL IN POST #2 of that newbies faq sticky thread, about 3 threads down from the top of this forum

    you then have maybe 2 or 3 weeks to defend this court claim

    like it or not, they have taken you to court, your local county court, if it gets that far in a few months time , think Judge Rinder without all the name calling and innuendo etc (you must have seen older people on there , I know I have)
    Last edited by Redx; 05-02-2018 at 11:19 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • youdontsay
    • By youdontsay 5th Feb 18, 11:21 PM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    Coupon mad, please could you explain how I can access the Newbies FAQs? I cant seem to find it?

    I need to try to calm down about this, as I feel like something of a headless chicken at the moment, and not functioning quite normally.

    This is the awful thing about these parking scams, they put people in a flat spin
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 11:23 PM
    • 56,325 Posts
    • 69,940 Thanks
    Coupon-mad
    Coupon mad, please could you explain how I can access the Newbies FAQs? I cant seem to find it?
    Every post I make tells every newbie where to look...you are not reading my signature!

    See below...
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Redx
    • By Redx 5th Feb 18, 11:24 PM
    • 17,825 Posts
    • 22,477 Thanks
    Redx
    and I told you its about the 3rd thread down from the top of this forum

    read her signature , please !! pretty please
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • youdontsay
    • By youdontsay 5th Feb 18, 11:31 PM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    Okay, Ive just realised that whereas I said I had written to the court, I have actually filled in the N9 form (on the advice from BW Legal)

    Does this make a difference to the advice Ive been getting here?
    • pappa golf
    • By pappa golf 5th Feb 18, 11:34 PM
    • 8,706 Posts
    • 9,295 Thanks
    pappa golf
    aahhh , please stop listening to bw

    here is the newbies thread , please read and understand the court procedure

    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    as this was 6 yrs ago the POFa did not apply , they can only go for the driver NOT THE KEEPER , so do not tell them (pike)

    hope you left that form bland , not a single word in the box
    Save a Rachael

    buy a share in crapita
    • KeithP
    • By KeithP 5th Feb 18, 11:35 PM
    • 6,702 Posts
    • 5,928 Thanks
    KeithP
    Have you actually posted the N9 (Acknowledgement of Service) form to the Northampton Business Centre?

    If so, have you kept a copy?
    Can you post a copy of what you sent?
    .
    • youdontsay
    • By youdontsay 5th Feb 18, 11:37 PM
    • 69 Posts
    • 53 Thanks
    youdontsay
    Six year old ticket
    aahhh , please stop listening to bw

    here is the newbies thread , please read and understand the court procedure

    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    as this was 6 yrs ago the POFa did not apply , they can only go for the driver NOT THE KEEPER , so do not tell them (pike)

    hope you left that form bland , not a single word in the box
    Originally posted by pappa golf
    Do you mean to say that I have no idea who the driver would have been at that time?
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