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NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

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What is your association with that address? Its strange they sent the mail 7 miles away but it was to someone you already know.


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

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My point was, why did they send it there. Have they any documents to say the vehicle or the driver lives there.


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

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I hadnt seen him in a while and he dropped round all the letters , when he remembered :)

 

nope nothing the vehicle has always been registered at my address

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Ok CPR 3114 sent by recorded signed for on Monday waiting for a reply

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just don't miss your defence filing date no matter what does or doesn't happen.

 

you did ensure the correct address is now registered on MCOL too?


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then why didnt you say so from the outset instead of playing grandmothers footsteps.

It may well be that they have used a tracing service to find the address and by getting their info wrong they now are open to you suing them for a small fortune once this is over and done with.

 

Now you have some leverage for your defence to get the whole thing chucked out.

You state that they have the correct address via the DVLA but have chosen to serve papers on an incorrect address on purpose without any justifiable excuse and as such you request the claim is summarily dismissed as it hasnt been properly served.

 

Get your son to ask the lawyers why they are writing to his address and he should make it clear in writing that they are sending someone else's personal data to the wrong address. A complaint by you to the ICO and the courts service would be worth considering.

 

My Sons house ??
Edited by dx100uk
spacing

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Yes MCOL have my address. Just to confirm NCP sent the first 2 letters to my address RK then when they said they have passed it to Trace Debt it was to my sons address and it followed on from there. The car has always been registered at my address

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You are missing the point, the bandits have broken the law by unlawfully processing your data and you can sue them for that.

 

 

 

As they have used this unlawful information to serve the summons you should ask the court to summarily dismiss the claim to at least force them to start again. When this is all over consider suing them for breach of the GDPR with Vidall Hall and VCS v Philip as your guiding cases. The complaint to the ICO should be made pronto so you can have something to wave in their faces later.

 

 

Tell BWL that you are going to take action against their clients and the for this unlawful processing (dont specify what action though), the solicitors wont be able to claim their clients are the only ones who are at fault, they are storing and processing the data so they have to at least correct this.

 

Get on the offensive, they may well decide to just drop the claim in the hope that you will then forget about it all

Edited by honeybee13
Paras

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Cheers eric I will contact my son and start the ball rolling. I will also look into a complaint to the ICO :)

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Ok complaint in to NCP, Trace debt and BW Legal now going in for breech of GDPR. The ICO have said I then need to give them 28 days to resond before I complain to the ICO formally.

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Major mess up, they might well pull the case, but as EB has advised go all medieval on them with unlawful; processing of data due to faulty trace, GDPR breach by sending data to wrong address, and the kitchen sink at them.


The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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complaint to their lawyers, not NCP.

You want to get the solicitor into trouble if possible as they have more to lose.

 

You dont give them 28 days to respond, why on earth would you want that?

you want to drop them in the mire not allow them to destroy all of their paper trail and tell lies having being forewarned.

 

How have you contacted them? not by email I hope.

 

Again we make it clear on these threads that you use old fashioned letters so they cnat abuse the system.

Email them and all you do is give them a method to harass you for free.

 

When we say something we try and use our words carefully and certainly dont mean that you should do something quite different.

 

 

Ok complaint in to NCP, Trace debt and BW Legal now going in for breech of GDPR. The ICO have said I then need to give them 28 days to resond before I complain to the ICO formally.

Edited by dx100uk
spacing

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The ico have said I can’t report them until I give them 28 days to respond then I can. I have written old style to them complaining and asking for a explanation as why they sent my details to a different address

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you could ahve told the ICO you ahve attempted to resolve this matter already and they failed to enter into proper communication. you have to fill out a form so just do so and send it.

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Ok I’ll do that when I get home later cheers for the advice

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Tried to fill in the complaints form but it says I have to wait one month before making a complaint so that’s the process under GDPR

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print it off and say you have attempted to resolve but they refuse to comply.

i avoid using online forms because of things like this.

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Just received a letter from DVLA confirming NCP requested the information so how did they start sending it to the wrong address ? :)

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OK, dfate they requested the information. They have to get it within the time frame or they are breaking the law and you can use this against them. Often peopel sue them afterwards using the defeated claim as further evidence of the wrongdoing.

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The date is with in the 14days so no joy there, but in the letter from DVLA there is a paragraph.

 

This enquiry was submitted using an electronic link, therefore no evidence was provided to support this request.

 

This evidence can be made available to the DVLA if requested.

 

So it was processed through an automated system and no by a human, I thought they couldn’t make automated decisions ??

Edited by dx100uk
Spacing

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DVLA know thta this is a problem for the so thyey try and avopid actually answering the questions. try phoning and then quote the ref given and make them try again even iof you have to write again

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Have emailed again with a few testing questions for them

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N THE COUNTY COURT

 

CLAIM No:

 

BETWEEN:

 

BW Legal services LTD

 

-and-

 

 

 

________________________________________

DEFENCE

________________________________________

All correspondence from BW Legal were sent to the wrong address for the registered keeper and such like I have had no opportunity to discuss the issues with them. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. . I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address. This is clearly a breach of the GDPA I am still waiting for answers to my questions. A counterclaim for breach of GDPA will be forthcoming.

The Defendant is the registered keeper of the vehicle in question. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at car park on 30/11/2017.

 

In addition to the original PCN penalty, for which liability is denied, the Claimants have artificially inflated the value of the Claim by adding purported added 'costs' of £60 contractual costs pursuant to PCN Terms and conditions which the Defendant submits have not actually been incurred by the Claimant.

 

In the Particulars there is also a second add-on for purported 'legal representative costs of £50' on top of the vague £60, artificially hiking the sum to £247.80 This would be more than double recovery, being vague and disingenuous. Such costs are not permitted ( CPR 27.14)

 

According to Ladak v DRC Locums UKEAT/0488/13/LA the claimant can only recover the direct and provable costs of the time spent on preparing the claim in a legal capacity, not any administration cost.

 

However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

 

Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They are at the entrance to the ramp going into the car park and it would be dangerous to stop and read the sign. Video to be presented to the court.

 

The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily particularly at night in a badly lit area It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

The area in which the driver parked had NO signage displayed, photo to be provided, and when the driver was ready to purchase a ticket there was NO signs in and around the pay area. Photo to be presented to the court.

Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to NCP.

On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

 

I would like to enquire that the Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

 

The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

 

In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

 

I believe the facts contained in this Defence are true.

 

Name:

 

Date:

 

 

My defence feel free to let me know where I have gone wrong please

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I would go stronget than this and state that the claimant deliberately sent all correspondence to the wrong address possibly as a result of using a third party people search organisation but as they had the correct lee[er detasils from the DVLA this resullted in a breach of the DPA/ GDPR.

 

the POFA says thta the NTK must state the amount due and if they want to claim keeper liability they cant rely on small print stating they will add admin or other costs to the bill. Therefore the bill is £100 unless they can prove the keeper was also the driver at the time. Move this up to just under the point about additioanl charges

 

You wouldnt like to enquire anything, that is not within the courts remit so state that you do not believe they have the necessary authority assigned to them by the landowne as they have failed to produce sight of this by way of a CPR 31.14 request and therefore believe they have no LOCUS STANDI in this matter..

 

Reduce the length of each of the points so they make a statement rather than explaining the point of law that will be understood by the judge.

IE insufficient sigangr to for a contract and drop the bit about font size etc, that is all for later.

You want punchy bullet points, not an essay.

 

Finally number the different points you want to make

Edited by dx100uk
spacing

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