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    • youdontsay
    • By youdontsay 5th Feb 18, 6:19 PM
    • 83Posts
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    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 2
    • youdontsay
    • By youdontsay 5th Feb 18, 11:40 PM
    • 83 Posts
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    youdontsay
    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?
    Originally posted by KeithP
    Yes Ive posted it today. To my shame I didnt keep a copy, but the details of what I said in the letter are in my original post
    • pappa golf
    • By pappa golf 5th Feb 18, 11:42 PM
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    pappa golf
    prior to oct 2012 they could only go after the driver , POFa changed that if they complied with rules they could then chase the keeper

    so do not tell them who was driving
    Save a Rachael

    buy a share in crapita
    • youdontsay
    • By youdontsay 5th Feb 18, 11:43 PM
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    youdontsay
    Six year old ticket
    I sent it 1st class signed for post Thinking aloud, could I get that intercepted? Probably not
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 11:43 PM
    • 57,564 Posts
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    Coupon-mad
    Of course you can't be expected to recall who parked a car six years ago...unless you appealed at the time and told them who was driving?
    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.

    • pappa golf
    • By pappa golf 5th Feb 18, 11:45 PM
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    pappa golf
    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.


    hopefully the conversation with BW did not extact any further info from you
    Save a Rachael

    buy a share in crapita
    • KeithP
    • By KeithP 5th Feb 18, 11:46 PM
    • 7,261 Posts
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    KeithP
    Yes Ive posted it today. To my shame I didnt keep a copy, but the details of what I said in the letter are in my original post
    Originally posted by youdontsay
    Did you fill in and return the N9B (Defence and Counterclaim) form as well?

    If so, what, if anything, did you put in the Defence box?
    .
    • youdontsay
    • By youdontsay 5th Feb 18, 11:48 PM
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    youdontsay
    Six year old ticket
    Of course you can't be expected to recall who parked a car six years ago...unless you appealed at the time and told them who was driving?
    Originally posted by Coupon-mad
    No Ive had no contact with them, as they had no contact with me until a week ago.

    Should they not send their paperwork out by 'signed for' post, as non-delivery, as in this case, could be very costly to the general public?
    • KeithP
    • By KeithP 5th Feb 18, 11:50 PM
    • 7,261 Posts
    • 6,782 Thanks
    KeithP
    Should they not send their paperwork out by 'signed for' post, as non-delivery, as in this case, could be very costly to the general public?
    Originally posted by youdontsay
    You seem to be missing a point.

    Why would any of these scam parking companies worry at all about being 'very costly to the general public'?
    .
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 11:51 PM
    • 57,564 Posts
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    Coupon-mad
    No, they don't have to. Glad you never received anything,and therefore they have no idea who was driving. Great! They have NO CASE against you but you will have to play the game and defend.
    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.

    • youdontsay
    • By youdontsay 5th Feb 18, 11:51 PM
    • 83 Posts
    • 60 Thanks
    youdontsay
    Six year old ticket
    Did you fill in and return the N9B (Defence and Counterclaim) form as well?

    If so, what, if anything, did you put in the Defence box?
    Originally posted by KeithP
    Yes I filled in the N9B form In the defence box I wrote the details as above, stating that this was the first correspondence I have received from them, and that I have no recollection of parking there, being six years ago. And requested that they send me the evidence
    • pappa golf
    • By pappa golf 5th Feb 18, 11:51 PM
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    • 9,307 Thanks
    pappa golf
    No Ive had no contact with them, as they had no contact with me until a week ago.

    Should they not send their paperwork out by 'signed for' post, as non-delivery, as in this case, could be very costly to the general public?
    Originally posted by youdontsay
    they were actually hoping you had moved , then gone for a default CCJ , with lots of costs added on

    you would have had to pay 255 to get it set aside or pay them

    defaults are very common , a random 10 cases at court today look!

    http://www.bmpa.eu/court.html
    Save a Rachael

    buy a share in crapita
    • pappa golf
    • By pappa golf 5th Feb 18, 11:52 PM
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    pappa golf
    Yes I filled in the N9B form In the defence box I wrote the details as above, stating that this was the first correspondence I have received from them, and that I have no recollection of parking there, being six years ago. And requested that they send me the evidence
    Originally posted by youdontsay
    second opinion , but hasnt that scuppered further statements
    Save a Rachael

    buy a share in crapita
    • Ralph-y
    • By Ralph-y 5th Feb 18, 11:53 PM
    • 2,621 Posts
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    Ralph-y
    "Should they not send their paperwork out by 'signed for' post, as non-delivery, as in this case, could be very costly to the general public?"

    you have a lot to learn re this industry ....

    MP after MP stood up last Friday and called them fit to burn .....

    they do all this deliberately

    keep following advice and watch the link for the parliament debate to get a better understanding

    good luck

    Ralph
    • youdontsay
    • By youdontsay 5th Feb 18, 11:54 PM
    • 83 Posts
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    youdontsay
    No, they don't have to. Glad you never received anything,and therefore they have no idea who was driving. Great! They have NO CASE against you but you will have to play the game and defend.
    Originally posted by Coupon-mad
    That doesnt mean I will have to go to court will it? Im so glad to hear you say 'Great' Thats the first positive thing Ive heard, thank you

    So what do I do now, wait to hear back from the court?
    • Redx
    • By Redx 5th Feb 18, 11:55 PM
    • 18,147 Posts
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    Redx
    it would seem you have filled in the defence box as if you were replying to BW LEGAL, whereas you appear to have inadvertently filled in the defence box TO THE COURT with a terrible defence and posted it by first class post

    if BW LEGAL or excel decide to pay the court fee, then yes you will be going to your local county court
    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
    • pappa golf
    • By pappa golf 5th Feb 18, 11:56 PM
    • 8,706 Posts
    • 9,307 Thanks
    pappa golf
    it would seem you have filled in the defence box as if you were replying to BW LEGAL, whereas you appear to have inadvertently filled in the defence box with a terrible defence and posted it by first class post

    if BW LEGAL or excel decide to pay the court fee, then yes you will be going to your local county court
    Originally posted by Redx

    and conned by BW
    Save a Rachael

    buy a share in crapita
    • Ralph-y
    • By Ralph-y 5th Feb 18, 11:56 PM
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    Ralph-y
    could it not be filed online and beat the post ?

    Ralph
    • youdontsay
    • By youdontsay 5th Feb 18, 11:57 PM
    • 83 Posts
    • 60 Thanks
    youdontsay
    Six year old ticket
    second opinion , but hasnt that scuppered further statements
    Originally posted by pappa golf
    Do you mean that I shouldnt have said that?
    • pappa golf
    • By pappa golf 5th Feb 18, 11:58 PM
    • 8,706 Posts
    • 9,307 Thanks
    pappa golf
    Do you mean that I shouldnt have said that?
    Originally posted by youdontsay
    please read http://forums.moneysavingexpert.com/showpost.php?p=64350585&postcount=2
    Save a Rachael

    buy a share in crapita
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 11:59 PM
    • 57,564 Posts
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    Coupon-mad
    No, it's fine. Get some sleep and come back and we will help you to formulate a defence, like the ones you see in post #2 of the NEWBIES thread (read them first).
    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.

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