Jump to content


  • Tweets

  • Posts

    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
  • Recommended Topics

  • Our picks

  • Recommended Topics

NCP/BW ANPR PCN Claimform - double dipping - Ipswich Tacket Street, Ipswich IP4 1AU


Recommended Posts

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?

Edited by honeybee13
Paras, OP's title corrected
Link to post
Share on other sites

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

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

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!

Link to post
Share on other sites

so looks like ANPR double dipping, this could be fun

 

thread title updated

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Edited by dx100uk
format
Link to post
Share on other sites

pop up on the MCOL website detailed on the claimformicon.

.

register as an individual

note the long gateway number given

then log in

.

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

.

then using the details required from the claimform

.

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

defence is not due till day 33

did you get CPR running?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

must be royal mail.

 

you should be reading up too!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Edited by honeybee13
Paras
Link to post
Share on other sites

  • 4 weeks later...

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".

Link to post
Share on other sites

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

 

the one eb outlined will do for now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

why?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

did you file your defence?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...
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...

Edited by honeybee13
Paras
Link to post
Share on other sites

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.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

when's the hearing?

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 6 months later...

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

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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. 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...