Letter before claim - parked outside bay lines for 6 mins HELP

Jellybell · 14 June 2019 at 10:56PM

Hi

I have read the FAQs and NEWBIE threads but just wondered if anyone could help with parking fines where claim is that driver was parked outside bay lines?

I received a NTK back in December 2016 claiming that the driver of my vehicle was parked outside of bay lines in a car park managed by NCP. The car was parked for 6 minutes. Photos were attached and the rear driver’s wheel was on the bay line but would not have prohibited anyone else from parking in the adjacent bay. I appealed on the grounds that the notice was unreasonable and disproportionate but got nowhere and then appealed via IAS and then heard nothing. The online IAS system said I would be emailed about my appeal. I was not.

Fast forward to this week, I received an LBC from Gladstones (they had tracked down my new address as I have moved house since the original NTK) asking for the debt to be paid within 14 days. The date on the letter is 3rd June but I didn’t actually receive it through the post until 11th. On going back through the old documentation, I logged back onto the IAS system and can see that my appeal was rejected, although I wasn’t notified of this at the time.

My question is, how successful would a defence about being parked for 6 mins and only being partially over the bay lines be? Most of the cases I’ve read about on here don’t seem to refer to bay lines.

Also, when does the 14 day response period start? From receiving the letter or the date on the letter?

Many thanks in advance!

Redx · 14 June 2019 at 11:05PM

the 14 days part is irrelevant because its a debt collector letter, so see post #4 of the NEWBIES thread about ignoring them , especially as its likely that GLADRAGS didnt send it (even if it has their letterhead)

a formal LoC gives 30 days and includes financial forms so its not an LBC

are you sure it was NCP because I thought they were BPA members, not IPC members ?

and there was no "fine" , just a speculative invoice

check your facts , email a SAR to the DPO of NCP if that is your PPC, get all their pics and docs and data on you

Coupon-mad · 14 June 2019 at 11:08PM

NCP don't use the IAS.

You mean you lost at POPLA (a form of 'IAS' but that's not what they call themselves).

Fast forward to this week, I received an LBC from Gladstones (they had tracked down my new address as I have moved house since the original NTK) asking for the debt to be paid within 14 days. The date on the letter is 3rd June but I didn’t actually receive it through the post until 11th

Even though the 14 days gives away that this is a DRP letter, I'd say you must reply to that like the NEWBIES thread tells you, informing them that:

- you have sent a SAR to NCP, and

- any debt is denied but you are seeking debt advice, so they must give you 30 days, and

- the address they have now used IS the correct one and they and their clients MUST erase the old address from their data records and make sure they sue the right address for service for the claim if their client believes they have a cause of action based on a few minutes predatory photos of a car wheel on a line, in a bay.

If Gladstones have only given you 14 days then that letter was not sent by Gladstones at all. No doubt it's a debt letter sent by DRP asking for payment to DRP?

You still need to send a SAR to NCP and tell them and Gs which is your address for service.

Please don't reply telling me they have that address so you don't need to confirm it (some people can't see the importance). You do have to confirm it to NCP, as a PPC having a choice of two addresses is dangerous to your credit rating. Guess which one they might choose to serve a Court claim later?!

Your defence will be like any grace periods defence or out of bay defence, which are here and you can easily find by using ADVANCED search for those words.

Jellybell · 14 June 2019 at 11:09PM

Thank you. Sorry, my error - it is NPE, not NCP.

The letter that was sent to my old address (which they attached) says 30 days but the cover letter says 14 days for full payment or they will commence legal proceedings.

Jellybell · 14 June 2019 at 11:10PM

Do I have to reply by post or can I email them?

Coupon-mad · 14 June 2019 at 11:13PM

OK so you are at LBC stage and so you MUST do as advised above to make sure the claim comes to the right address in the end, and to buy yourself 30 days to get a SAR from NPE.

NPE are predatory. Notorious ex clampers who always try PCNs for a few minutes, in dubious circumstances. Not the sharpest knives in the drawer.

Is this at one of the scam sites on Norwich like Earlham? Google to see all the newspaper articles against their conduct and the councillors and petitions and websites about their little game.

Redx · 14 June 2019 at 11:14PM

read my reply earlier , email the SAR to their DPO and ensure you add a data rectification with your current address (you dont want papers going to the old address)

I didnt think it would be NCP, NPE seems correct

Jellybell · 15 June 2019 at 6:32AM

Thanks so much! So helpful! Just one more qu... how long do I have to respond. Date of letter 3rd June even though I only just received it. 14 days would be Monday so hardly any time for postage. There doesn’t seem to be an email address on the letter.

Redx · 15 June 2019 at 8:50AM

You should be informing NPE and Gladstone's asap of the correct address for service using the GDPR DPA rules and law

It's not about timescales. It's about avoiding court papers at the old address and them obtaining a default CCJ

You snooze, you lose

Email both. Today. For starters

If posting letters then get a free certificate of posting from the P O Counter . So NOT signed for

The_Deep · 15 June 2019 at 9:09AM

Getting back to the actual alleged breach, many judges regard claims such as this as de minimis, a trifling matter,

https://www.bing.com/search?q=de+minimis&form=EDNTHT&mkt=en-gb&httpsmsn=1&refig=f3b458ee58174641cbc0efb4cbe0ce9c&PC=ACTS&sp=-1&pq=de+minimis&sc=8-10&qs=n&sk=&cvid=f3b458ee58174641cbc0efb4cbe0ce9c

and the law does not concern itself with trifles.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad · 15 June 2019 at 1:14PM

Are you saying NPE have no data privacy page (I am certain they must do) with contact details re data concerns like them still holding an old address?

Letter before claim - parked outside bay lines for 6 mins HELP

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