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NCP/BW ANPR PCN Claim Form - Lincoln Brayford Street Lincoln LN5 7BJ


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Minor update:

 

There was no form to return, just the address and an email address by which I had to say if i agreed to a paper hearing or not.

I have emailed (and received an auto reply) to confirm that I do not agree to a paper hearing.

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  • 3 weeks later...
On 19/08/2021 at 13:07, dx100uk said:

Why did you agree to mediation on your n180?

We say no always .

 

as for the sar. Pers i wouldn't bother, that was only relevant at that time in the process.

you are now going to court and PE will have to disclose everything doc wise they intend to rely upon in their Witness st.

 

Dx

As i said earlier

 

Dx

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... 

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Depends on your objective here.

 

As dx says, you will, eventually, get to see their evidence in the WS.

 

However, they have a statutory duty to reply to a SAR and you can sue them for not doing so.  Have a little think about if this is something you're prepared to do.

We could do with some help from you.

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  • 4 weeks later...

I'm writing my defense before the submission deadline of the 29th and after pouring through these forums my gut feeling is to go down the 'prove it was me' because the car was a company pool car, similar to this thread: 

 

 

I'd greatly appreciate the groups views on this please? 

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you have already filed your defence .

 

your ws is not due till 14th nov? 14 days prior to hearing date??? scan up the n157 please

 

and ofcourse ncp have yet to pay the fee nor send their ws.....

i hope you didnt give them an email ad on their n180 from you as advised??

 

best to await theirs 1st if possible.

 

dx

 

 

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... 

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Share on other sites

The parties must send copies of their witness statements and documents to the Court and each other no later
than 28 days before the final hearing.

 

trial date 29th nov

 

dx

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... 

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Share on other sites

I had Friday 29th in my mind so that I would get it  and not miss the Monday deadline.
Is that the best course of action?

Any thoughts from the forum on my plan of 'prove I'm the driver' idea? Is this silly or worth doing? 

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I noticed that thread is sev years old.

We might have moved on 

 

Let @FTMDave advise 

 

Monday will be fine. Don't sweat

you are a litigant in person with certain leeways. Not that you need them mind.

 

dx

 

 

 

 

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... 

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Share on other sites

I've reread your thread from the start, and before we go any further two important questions.

 

1.  NCP start off by sending their demands to the company, then after a while the letters are addressed to you.  How did this happen?  To be blunt, did you write to NCP and tell them you were the driver?

 

2.  Do motorists have to input their registration number when they pay at this car park?

 

EDIT  The answer to my question (2) is "yes", I've seen in your photos that there is written on the machine display "Please enter full license plate details".

Edited by FTMDave
Extra info added

We could do with some help from you.

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In any case let's be optimistic for a minute and say "prove I'm the driver" is a good defence point.  The problem is that if the judge doesn't agree you immediately lose the case.  "Prove I'm the driver" needs to be one of several points.

 

1.  Locus standi.  NCP are not the landowner.  You do not believe they have the right to bring this claim.  You requested to see a contract with the landowner giving them such a right by way of a CPR request and their solicitors refused to do so.  Exhibit BW Legal's letter.

 

2.  Suing the wrong person.  Your "prove I'm the driver" point.  (Obviously this will have to go if you admitted being the driver to NCP).

 

3.  Insufficient signage.  Tiny print.  What LFI wrote in post 29.

 

4.  Planning permission.  You do not believe their signs have planning permission which is a criminal offence.  You requested to see such permission from their solicitors but the solicitors refused to do so.  (Have a look at the WS in post 123 of EL21's thread  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip/page/5/?tab=comments#comment-5130039  You can adapt point 41 of this WS).

 

5.  De minimis.  The incident happened four years so you are unsure what happened.  It's possible you paid but you input your registration number wrongly.  You put NCP to strict proof you didn't pay.  Paying but getting a single digit of the registration number wrong is de minimis.

 

6.  Unreasonable conditions.  In any case NCP deliberately make it difficult to pay so they can issue PCNs.  No cash.  Card payment which often doesn't work and they do nothing to fix.

 

7.  Unicorn Food Tax.  (You can use nigh-on verbatim points 45-53 of EL21's WS).

 

As dx says, you're a Litigant in Person so you don't have to write in legalese.  When you have time, post up a first draft and we'll take it from there. 

 

And please answer about how NCP suddenly started to write to you personally.

We could do with some help from you.

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

 

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Hi FTMDave,

Thanks so much for taking the time to write all that. Apologies for the delayed reply, the email notifications have started landing in my junk for some reason.

1. I really cannot remember. The car I was in was hired from Thrifty and it was so long ago I can't be sure. They may have written me in as I was the 'lead' hirer in the company or I may have to dodge Thrifty's administration cost charges. I did do a SAR to NCP and they never responded. I've put the postage receipt somewhere safe and not cannot find it.

2. Yes you do have to put your reg in.

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Goto your webmail portal, turn off your spam marking for our email address

 

 

Dx

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... 

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Share on other sites

OK, so when you have time flesh out the points I've written in a draft WS and we'll take it from there.

 

Include your "prove I'm the driver" point.  If it fails it fails.  The important thing is to have other points as well to challenge their claim.

 

I directed you to post 123 in EL21's thread, long story but you may find the attachment instead in post 120 there.

 

You can sue NCP for not responding to your SAR.  They have a statutory duty to do so.  Have a think about if you want to go down that road and let us know.

 

 

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

 

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

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Hi Dave,

 

I’ll get back to you with that asap. 

Regarding suing NCP for ignoring the SAR, isn’t my case rather weak unless I find the proof of postage?


I’ve just received an email direct from BWLegal:

——————————
Dear Sir

 

Claim number: *claim number*

Hearing on: 29 November 2021

 

We refer to the above matter.

 

As per the court order dated 09 August 2021 the Claimant is to arrange the telephone hearing.

 

Please can you confirm that the telephone number of *My mobile number* is the correct number to use for the purposes of the hearing.

 

Yours faithfully

 

Nabeela Ahmed

Paralegal

bwlegal®

——————————

 

Is this normal? It has also come to my work email, I have no idea how they would have my work email address!

 

Or any email for me for that matter.

I would never give a company like this my work email address.

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Did you put it on any court forms they might have seen?

 

The guys here know what to say to tell them not to use email with you, you don't want BW sending documents for the case just before midnight on the day before the hearing.

 

HB

Illegitimi non carborundum

 

 

 

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they dont have access to those pers details from the portal

you didnt send all that to them on their copy of the n180 did you?

 

 

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... 

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Share on other sites

i would suggest you you either did send them a copy unredacted or the court gave them a copy as you didn't.

schoolboy error again as a result of vanishing for months and of doing things without checking here 1st.

 

see point 7 of the n172 for what you must do

 

as well as your WS by 14days,

also check 2nd nov they've paid the fee!!

 

 

send one more email to bw

tell them you phone and email are not to be used for any communication from them to you regarding the case and are to be removed from their records forthwith.

 

 

 

 

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... 

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Share on other sites

Yes 28 days pre hearing N157 point 6.

 

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

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I'm just writing my WS now so will post shortly. 

I've replied to the email from BW instructing them not to use my email or telephone number.
I did not respond to their question. 

 

I'd appreciate the opinions of members, how likely do you feel BW are to pay the £25 court fee? 

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quite typical its automictic.

 

 

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... 

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