NPE/BW ANPR PCN PAPLOC now claimform - wrong reg - MJB Winelodge, Bridge Road, Lowestoft, Suffolk NR32 3LR

[SCDH]

Thanks DX, 

 

While your communications are direct, I do appreciate your knowledge and experience in these matters and genuinely value your input.  As far as I see it, the facts are the facts and I'm certainly not going to commit perjury in court by saying anything other than what the statement says.  I know you weren't implying that, I'm just saying that the statement tells the truth and I can't deviate from it. However, I do take your point about not playing my cards early. 

 

While they might have a technical point over a breach by leaving the carpark to get the money for the machine, I would counter that with the point that it was very dark and the machine had no lighting.  Also, the street lights were facing away from all signage resulting in poor lighting to read.  As a result, it's hard to be responsible for an accidental breach if you aren't aware of the terms when first entering the carpark.  However, I respect your advice if you think otherwise.

 

Can you confirm that I need to receive another Letter of Claim before having to respond?

 

Many thanks.

 

 

[SCDH]

Thanks gents,

 

I've obviously made mistakes with the statement of payment confirming me as the driver but it also helps to confirm payment was made, bit of a double edged sword but lesson learnt.

 

Point taken about not discussing points of law and yes, I can't see the difference between getting a quid from the chippy or anywhere else.

 

Also, good to know they can't enforce trespass or reverse trespass.

 

As advised by all of you, I'll let them make the next move.

[SCDH]

Thanks, let's hope so.

 

I'm very grateful for all the support I've received.

 

 

[SCDH]

Just received the Claim Form from the County Court Business Centre. 

Defend in writing on NB9 or pay within 14 days after date of issue. 

 

If I ignore then I'll be found guilty by default and a CCJ if I don't pay within a month. 

 

According to CAB, the court can decide to strike out a defence claim with no hearing if they don't see it as a valid defence. 

 

If it goes ahead the claimant can add further costs.

  Looks like it's decision time!  

 

[SCDH]

Many thanks honeybee13,

 

As requested, my answers are as follows:

 

Please answer the following questions for ANPR.

 

1 Date of the infringement 23rd February 2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 28th February 2018

 

3 Date received Can't remember - approximately within a week.
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes it does.
 

5 Is there any photographic evidence of the event? Yes, a photos of my car entering and leaving and the registration number
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

Have you had a response? [Y/N?] post it up N/A
 

7 Who is the parking company? National Parking Enforcement

 

8. Where exactly [carpark name and town] MJB Winelodge, Bridge Road, Lowestoft, Suffolk NR32 3LR
 

For either option, does it say which appeals body they operate under. Independent Appeals Service www.theias.org

 

 

[SCDH]

Name of the Claimant : NATIONAL PARKING ENFORCEMENT

 

Claimants Solicitors: BW Legal

 

Date of issue – 18th nov 2021

 

Date for AOS - 6th dec 

 

Date to submit Defence -  20th dec

 

 

What is the claim for –

 

1.The Claim for the sum of  .... being due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on .... in the private car/park land at ..... 

 

2.The PCN was issued as the driver failed to comply with the terms and conditions , as displayed . 

 

3.Despite demands, the charge remains unpaid. 

 

4.The claim also includes statutory interest pursuant to section 69 of the County Courts  Act 1984 at the rate of 8% per annum (a daily rate of £0.02) from .... to ... being an amount of ... 

The claimant also claims £60 recovery costs as set out in the Terms and Conditions  and in the ATA AoS Code of Practice. 

Edited November 24, 2021 by dx100uk
dates corrected.

[SCDH]

Thanks Honey Bee,

 

I've tried to set up an account but it's not accepting the defence password in the Important Note box on the bottom right of the first page.  I'll have to ask them for support.

 

[SCDH]

Yes, I've registered and got my Government Gateway ID number and MCOL customer number but I haven't got a gateway user name.  I can't remember being asked for one?

[SCDH]

Thanks Andy, I'll do that. I've just put in a help request and they said they will respond within 3 days.

[SCDH]

Thanks DX. 

I've already registered on the MCOL website and followed the process to and received the confirmation code and got the government gateway ID. 

It's just that after logging into MCOL I'm unable to proceed past 'Respond to a claim made against you' until my 'Defence pack password' is accepted. 

They've responded to my email and said that I can do the same by emailing them at [email protected]. 

I've just spoken to the County Court Business Centre.

I just have to complete and scan the docs and send them to that email address.

[SCDH]

Thanks DX.  Will do.  Appreciate all your help!

[SCDH]

Thanks for revising the dates for AOS and defence filing and the claim form thread link.

 

Thanks Brassnecked. Yes, it's good to keep that in mind.  It's crazy it's got this far!  As you probably know from Jan 2020 the BPA advised members not to pursue motorists for incorrect reg entry but it's only advise and not mandatory. 

 

 

[SCDH]

Thanks. 

Shame this case was a tad too early for the new controls on PPC's. 

Yes, de minimis can be used as part of a defence but I understand that a positive outcome can't be guaranteed.

[SCDH]

Quick question. 

I'm keeping positive about this but does anyone know if there are likely to be further added legal costs (other than already stated on the Claim Form) if the case goes against me and in what sort of price bracket? 

The Claim Form states £35 Court fee and £50 Legal representative's costs in addition to their claim.

  I just wondered what other costs they could add?

[SCDH]

Thanks for your replies.  Just trying to keep things in perspective.