NCP ANPR PCN - Ashford Park Mall - already appealled what next?

[NCP hater]

Hi folks, it's been a while but I'm back as I thought I would be.

I didn't know where to post this as my original thread is now closed so sorry if I'm in the wrong place

 

BW Legal are at it again and after me.

https://www.consumeractiongroup.co.uk/profile/393677-ncp-hater/content/

Here's the latest episode.

This looks a bit more official.

do I need to appeal to "them!!!!" ????

 

Judge and jury ggrrr  !!

 

Sure.... see attached.  

bw.pdf

[dx100uk]

yes you must reply but you don't appeal

find one of the suitable BW snotty insulting letters from ericsbrother and use that.

 

dx

 

[NCP hater]

so are you saying that they are not intending to proceed with court? It seems to me they are about to do just that as errand boys for NCP??

How much clout do BW have? If I need to reply to them then they can't be as toofless as I first thought.

cheers

Edited September 20, 2020 by NCP hater

[dx100uk]

eh?

 

its how we reply to PPC PAPLOC's 

 

dx

 

[NCP hater]

sorry DX I don't follow. There is no MLOC application against me. You didnt really answer me question either. Seems I'm chasing my tail here.

 

Thanks !

[dx100uk]

i didnt say there was.

 

you reply with a snotty insulting letter

as everyone else does.

 

you must by now realise CAG is also a self help site...

that means you don't just come here for answers ..you research here too. by reading like threads. use our search..

 

our enhanced google search box

 

ericsbrother bw snotty letter

 

there are loads...

read each thread you find one in so you understand what you are writing and why you are doing it this way and NOT using their silly forms.

 

post yours up here and well check it

 

dx

 

[NCP hater]

Hi DX, thanks for a quich reply.

Sure I get that CAG is a selfhelp site.

But my question is if this is a genuine thing that's taking me to court or if it's another level of toothless scaremongering . That was my question.

 

It's all well and good sending snotty insulting letters if BW are just scaremongering but it's a whole different thing if there's validity to this letter of claim on which I need to act upon.

 

Thanks

[AndyOrch]

Looks genuine and valid to me if your referring to the one you uploaded at post # 29 ?

[NCP hater]

Hi yep, thats the one!

So I need to act on it then?

In that case is a snotty reply the way to go?

 

after all it's not going to stop them after the month is out.

They'll just proceed with this to MCOL and my potential bill will be just more than now.

 

Fact is that no matter what I do as they are judge and jury if they don't get their dosh this'll go to MCOL and I'll have to pay their rip off money

[lookinforinfo]

It certainly is.

The letter shows that you are not afraid to stick it up them,

that you are not going to pay and you are not afraid if their threats.

 

So the likelihood is that if they do take you to Court you will have a very good defence to their claim, as that have seen from previous snotty letters. 

 

They may decide to push you a bit further to see if you will pay up and they may decide not to turn up in Court if they see your defence.

 

They may push because the virus has lost them a lot of money as people are ordering groceries etc. from home and not so many cars have been parked in super markets carparks. 

[NCP hater]

I feel a snotty something coming on. Whatever it is it's not Batflu

 

It was an ANPR capture. ..... SMILE .....

 

Is this enough or should I write a proper defense??

 

A lack of contractual obligation makes your demands spurious, please refer back to your client and desist this harassment

[FTMDave]

These companies don't actually like to take people to court.  Legal fees in small claims are capped at £50.  However, the people who run the companies are so stupid that they are incapable of dealing with their own court cases and so have to employ local solicitors which costs them a bomb.  So even if they win in court they lose IYSWIM.  

 

If you give them both barrels now there is a good chance they will decide it's not worth their while and go after some other naive mug instead.  There are no guarantees of course.

 

Just to clear a few things up.  You actually paid the parking fee - twice - but the machine was knackered, right?  Any proof of this?  Then the fleecers sent out a second demand without sending the first so you couldn't appeal or get the discount, right?

 

Also, can you remember what you wrote to them?  In particular if you outed yourself as the driver?

[NCP hater]

Well that's an interesting question if I outted myself or not.

I did send an appeal to NCP in reply to the original letter although I was late with that and after their shut off date or what ever they called it. I'd just had a hand operation. However I did not say I was the driver but perhaps by even replying to NCP I make myself the driver by default. Is that right?

 

after the time or not I did fire off and appeal and have the receipt for that.

See attached. Some time late I got a letter from Trace then it seems I was bounced over to BW.

 

I never herd back from NPC regarding my appeal. Total radio silence. Then came the Trace letters and then BW

 

I did send a bit of snot over to NCP.

As I was using this car park on a daily basis for some months I did capture on day the pic with the masking tape on it just by chance.

 

Apart from that I was using the NCP payment app which did or did not work depending on the day.

Talk about bugware!

 

I do have some 4 months of payment history within the app.

 

so my point is that these machines do go wrong from time to time.

I did not put the tape on there but someone did!

bank card only.pdf

[dx100uk]

appeal one has ref number showing

other pix to screen removed

please use PDF only

 

 

dx

[FTMDave]

20 minutes ago, NCP hater said:

However I did not say I was the driver but perhaps by even replying to NCP I make myself the driver by default. Is that right?

No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!

 

Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.

 

So how about sending them something like -

 

Dear BW Legal,

 

cheers for your Letter Before Claim.

 

I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.

 

Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.

 

You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).

 

COPIED TO NCP

 

The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.

Edited September 25, 2020 by FTMDave
Typo

[NCP hater]

ok DX I'll stick to pdf's. Posting those pix's were something of an afterthought.

I certainly like Dave's letter. I think I'll go with that. I'll give it a bit of a tweak and send it to them in an e mail. That way they can't BS me and say it never reached 'em.

 

Yeah, good t' go! I'll update when I have more ....

 

Have a great weekend!

[dx100uk]

no you NEVER give a fleecing DCA or their client an email address!!

and you do NOT modify it much either

post it up here before you send it please

there specific reasons WHY we word it as such

 

 

send it 1st class by royal mail get free proof of posting from any PO counter

 

have you not been reading up??

 

dx