Where to start?

Last year I had a PCN from NCP regarding allegedly parking in Tacket Street car park, Ipswich.

I could have sworn I appealed but on checking my email outbox, it seems the appeal was never sent!

having had a few threatening letters from BW Legal about the matter,

last week some paperwork from the court came through the door and they (BW Legal) have issued proceedings against me on behalf of NCP.

It was issued on 09/08/18 and today I have been online and submitted acknowledgement of service.

The question, how do I proceed with this?

Bearing in mind I failed to appeal to NCP and POPLA.

They are saying on 28/08/17 I committed a parking contravention, no mention of what contravention or the time it was alleged to have taken place.

I had driven in to the car park, dropped off my step daughter and her friend and then returned roughly 30 minutes later to collect them.

They have ANPR images of my vehicle entering and leaving, but not of leaving the first time or re entering later.

I dropped them off, returned home quickly then returned to collect them.

I'll try and post copies of the paperwork when I get home.

The claim is signed by BW Legal as opposed to an individual.

So, best way to proceed with this?

Hi.

When you have the information to hand, could you supply us with the information requested in the forum sticky please? This will help us to advise you.

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

There seems to be a typo where you talk about 28/08/2018. What should that be please?

HB

Hi.

 

 

When you have the information to hand, could you supply us with the information requested in the forum sticky please? This will help us to advise you.

 

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

 

There seems to be a typo where you talk about 28/08/2018. What should that be please?

 

 

 

HB

Should be 28/08/17!

I've changed it for you in post #1.

HB

so looks like ANPR double dipping, this could be fun

thread title updated

Name of the Claimant National Car Parks Limited

claimants Solicitors: BW Legal

Date of issue – 09 August 2018

1.The claimants claim is for the sum £248.84 being monies due from the defendant in respect of a Parking Charge Notice (PCN) for a parking contravention which occurred on 28/08/17 in the private car park/land located at Ipswich Tacket Street, Ipswich IP4 1AU, in relation to a vehicle, Seat Alhambra Stylance TDI registration mark XXXXXXX.

2.The defendant was allowed 28 days from the PCN date to pay the PCN, but failed to do so.

3.Despite demand having been made, the defendant has failed to settle their outstanding liability.

4. The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.04 from 28/08/17 to 08/08/18 being an amount of £13.84.

The claimants claim includes £60.00 costs as set out in the terms and conditions.

Signed BW Legal services Ltd, claimants legal representative.

Will upload copy of POC later

What is the value of the claim?

£248.84

The claim has been issued by BW Legal on behalf of NCP.

pop up on the MCOL website detailed on the claimformicon.

.

register as an individual

note the long gateway number given

then log in

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select respond to a claim and select the start AOS box.

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then using the details required from the claimform

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defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14icon request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defenceicon regardless by day 33 from the date on the claimform.

………….

we don't need a scan of the poc

I registered on mcol this morning, and done AOS along with defend all.

For my defence, I assume it's what I started the thread with?

Do I need to add anything about ANPR and double dipping?

defence is not due till day 33

did you get CPR running?

Not yet, can it be emailed or is it best to send a hard copy?

must be royal mail.

you should be reading up too!!

defence will be an outline of what you want to rely on so for example no breach of contract so no cause for action by claimant

You can then add that there were separate 2 parking events and claimant were made aware of this. You then lay it on with a trowel in your witness statement should they continue.

In the meanwhile you ask then for all of your personal data under the GDPR and make it quite specific that you wnat them to provide the images taken at ( give times of both entries/exits or any CCTV that shows your vehicle remained there for the intervening time.

In the menawhile dig up anything that shows your vehicle was elsewhere so any receipt/witness that you were likely to be somewhere else will do. parking co are unlikely to actually chanllenge a receipt form a store 20 miles away in court but are likely to say before that time that you could have left your car there and gone on the bus!

Such assertions get short shrift but they do it to get you to fold and pay up without actually attending the hearing. dont feorget, their lawyers conveniently forget that they have a duty to the courts and will try and grab money when they know it isnt owed as they get to keep a bigger slice. They still charge for their services and will push both parties for their own ends but generally drop the matter at the last moment hoping you dont get an order for unreasonable behaviour costs

Little update, I've still to file my defence, this will be done over the weekend as the 33 days ends on Tuesday.

I've had a reply from BW regarding cpr request.

They've supplied copies of notices from NCP, and it seems I did lodge an appeal with NCP which they of course refused.

They haven't provided anything regarding planning permission for the signs and have refused to let me see a contract.

Their words being that "I am not obliged sight of the contract and their client will not provide me with a copy".

your defence is due Monday by 4pm - day 33.

the one eb outlined will do for now

your defence is due Monday by 4pm - day 33.

 

the one eb outlined will do for now

They also requested I contact them (BW) to arrange a payment plan...

why?

simple, they know they are onto a loser and hope that you waver and agree to apy them something. At this point they dotn care how much as their reputaion as the parking worlds second worst solicitors is in danger of outdoing Gladdys for top spot. they will also gausge how scared you are when you speak to them so they can set their tariff accordigly.

They are only aprtially correct about the non production of documents because thsi would be true for the small claims track but that hansnt been decided yet. for example, you may have a disability discrimiantion aspect you want to raise and that could change it to fast track where they would have to furnish the documents.

You can beat them up over that when it gets down to witness statements and they will either have to put up or go home

did you file your defence?

did you file your defence?

Defence was filed, direction questionnaire received and returned as well.

In the mean time I've had 2 letters from BW, one is an offer to settle out of court for a reduced sum, as they believe my defence is unlikely to succeed, so assuming that's scare tactics. The other seems to be a fishing exercise, and apart from explaining their clients contractual rights, they're asking me to prove the vehicle did in fact leave the car park and return later. They've requested I send them this info by 09/10/18, postmark on the letter is 24/10/18...

I agree with your analysis of both letters. Once they start offering discounts it sounds as if they aren't confident in their claim.

Personally I'd stay away from letter tennis with BWL.

HB

Defence was filed, direction questionnaire received and returned as well.

 

 

In the mean time I've had 2 letters from BW, one is an offer to settle out of court for a reduced sum, as they believe my defence is unlikely to succeed, so assuming that's scare tactics. The other seems to be a fishing exercise, and apart from explaining their clients contractual rights, they're asking me to prove the vehicle did in fact leave the car park and return later. They've requested I send them this info by 09/10/18, postmark on the letter is 24/10/18...

Typical response from a desperate company who knows that they have no chance of success. If they believed your defence wouldnt succeed, then why go for a smaller amount. Theyd be rubbing their hands at an easy win.

when's the hearing?

if their ANPR system is not upto the job that's their problem

the law places the onus on them and all they are trying to do is pass the buck and avois a costs issue by saying it was in your hands all along.

Responding to your RP there should be no reason why you cant post and update the thread.

Regards

Andy

On 10/05/2019 at 12:14, Andyorch said:

Responding to your RP there should be no reason why you cant post and update the thread.

 

Regards

Andy

There was a something at the top telling me I needed to flag the topic to admin in order to be able to reply.