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annoyedyep

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  1. Thanks to everyone who has commented and viewed on this thread. I also went to my local CAB, and they suggested that I call my 'Free Legal Advice helpline' that comes with your car insurance and/or home insurance. That was quite useful as I would not have thought of ringing them. Plus the suggestions and reassurance from that free legal call was very helpful. NCP and BW Legal decided to take my case all the way to the court, however I won the case. BW Legal called me a few times to try and persuade me to rethink about going to court and sent various 'special deal' offers before my court date, but the more I read about BW Legal and their tactics, the more I was determined to prove that I had paid. They then sent an advocate to the hearing from Ashley Taylors Legal instead of their own firm. As the court date was during the early part of COVID lockdown I had the hearing over the phone. I spent a long time writing my defence but it was commented on as being a robust and reliable account of events, so if you end up going to court then don't skim the details. I asked for various bits of evidence from NCP, most importantly, the cash ledger from the pay machine to match against the parking records. That would have shown that the total amount of cash taken from the machine did not balance with the parking logs, no surprise then that it was not given. I asked for this numerous times in my appeals and my defence, and the judge agreed that NCP should have been in a position to give this evidence at court. Instead in their final statement they only provided the parking logs with various car reg numbers that parked there during that same day, but as my car reg was not on the sheet, I guess the legal team thought it was a clear win for NCP. BW Legal also stated that I should have called the helpdesk number (on the signage) about the display ticket not being printed. I did read that this happens quite regularly, and a lot of people get picked up on, 'Why didn't you ring the parking helpline number with your problem?'. So I was prepared for this questioning. I didn't get many questions from the solicitor, but the judge had a few questions for me, mainly about my familiarity with the car park. I was not a regular visitor to this car park, so I think this was also in my favour. In the end I believe that my case was dismissed because it came down to the judge not being happy with the NCP signs. They were classed as being inconsistent. The one next to the machine stating that a display ticket was not necessary as the car park uses ANPR tech, but then the main T&Cs board having various references that the display ticket details were important to prove the validity of the parking stay. With these being inconsistent the judge made the call that the signage was conflicting and confusing to drivers and so it wasn't very clear at all that I should have called the helpline. This was the overriding message that was given, so in the end the evidence to prove whether or not I had paid for parking wasn't questionable as the judge wasn't happy with the overall T&Cs.
  2. Got another letter today. I'm getting concerned that I'm going to have to go to court if I don't pay up within 14 days? Should I dispute or raise my points with BW Legal or someone else? Any help would be much appreciated. Thanks
  3. I got this 'Final Reminder' over the weekend... I'm wondering if I should continue to ignore or how to respond? Any thoughts would be much appreciated! Thanks Final-notice.pdf
  4. Here is a close up of the T&Cs. In my appeal I stated: 'I ask you to investigate whether the machine was functioning correctly and provide the evidence. I also request that the parking payment records are provided during the time period that you are querying non-payment.' Their appeal refused letter mentioned that they had checked payment records but there were none with my vehicle details. However they did not provide me with the data. Should I continue to write to them again, appeal to POPLA or ignore now? T&Cs.pdf
  5. Here's my NTK with pics in PDF Think I might have to get a close up pic of the T&C wording for this one. How do they expect drivers to read this properly on entry to the car park? Thanks all NTK-pics.pdf TC.pdf TC2.pdf
  6. Here's the NTK Signs on the entrance of car park machine signs Thanks for replies so far... The parking machine records the reg number, so that would prove that I had paid on the machine. So wouldn't they have to show the data to say I didn't? pix.pdf
  7. 1 Date of the infringement: 03/01/2019 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 24/01/2019 3 Date received: 25/01/2019 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] Yes Have you had a response? [Y/N?] post it up Yes 7 Who is the parking company? NCP 8. Where exactly [carpark name and town] Portland St East, Cheltenham For either option, does it say which appeals body they operate under? BPA I paid for parking at this car park, stupidly when asked, I input 'No' to a receipt. After my cash was taken, the machine didn't print out a windscreen ticket. I also checked to see if my coins were returned, but they were not. So I have no evidence to show that I paid for parking. I realise now that perhaps I shouldn't have, but in my appeal I stated that: I was the driver, and that the machine was not printing on the day of my incident. I asked NCP to provide evidence that the machine was working properly, and to provide parking records during the time/day of the incident. My appeal was rejected, with them stating that they have checked that the machine was working and that they have no record of payment for my vehicle. However there was no evidence sent to me. They have asked for payment within 28 days again. In this car park there is more than one machine, and I do know that the other payment machine was working on that day, as I saw another driver walk away with a printed windscreen ticket after paying. I did think at the time that it was a bit odd that I hadn't got one. Since I have no proof that I paid, should I ignore or is there any hope to appeal to POPLA? Will they be able to help? I feel like I shouldn't pay the charge just on principle because I know that I paid on the day. Any help please!
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