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bw legal court claim recieved

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  • bw legal court claim recieved

    Hi id be very grateful if anyone can help me out I have no idea what to do.. first of all I received a letter before claim from bw legal in September for a parking charge dating August 2019.. I have never received a parking charge notice from ncp. I had until the 23 Oct to reply to bw legal I wrote to them sending a SAR as I have no knowledge of a pcn. I have since received a county court claim stating I had parked longer than I paid for. (I have honestly always paid correctly when parking) Ncp in my area were issuing a lot of people with unfair tickets at that time. can anyone advise what my next steps would be. this is making me feel ill with worry
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  • #2
    ostell

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    • #3
      So a complaint to the ICO about not getting the data after a SAR request.

      SAR to the parking company.

      Acknowledge the claim using the details and password on the form

      Letter to solicitor demanding all documents that they intend to use in court in order to narrow the issues between you, as expected by the courts.. As they have them to hand to raise the claim then you expect them by return or at the very latest within a week.

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      • #4
        Ok thanks.. so I just send a second SAR to the solicitor? and also one to NCP. also forgive my lack of knowledge but what is The ico

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        • #5
          Information commissioner office

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          • #6
            Not a SAR to the solicitor, they have 30 days to respond, the SAR is to the parking company A letter to the solicitor along the lines I suggested.

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            • #7
              Ok so I've finally recieved a letter back. I'll post up some of it soon but first I've recover a copy of the pcn. am I right in thinking they were out of time for sending of the notice in the picture.. is it 14 or 28 days they have to send them out?

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              • #8
                In the letter I received. they state that their client is not seeking to rely on the provisions of schedule 4 of the protection of freedoms act. they also claim that they confirm their client does own the land at the car park (they don't, they lease it) and lastly they state that I didn't respond to the NTK within 28 days their client is able to hold me liable for the pcn. (I never recieved the pcn) would be grateful for any feedback or info. I'm working on a defence at the moment and got to be done in 8 days. Thank you for all the help so far

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                • #9
                  If the claim was acknowledged then you ha 28 days from the acknowledgement or 33 days from date of issue to get your defence to the court, whichever is lower.

                  NCP often do own the land

                  With no windscreen ticket the Notice to keeper has to be received within 14 days to be able to transfer liability from the unknown driver to you the keeper.

                  The comment about not replying within 28 days and you are responsible is rubbish

                  You seem to have replied to them. Was the driver identified, simple yes or no.

                  Post up all the NTK, suitably redacted, for all to see if ther eare any more fails

                  Here's POFA, paragraph 9 is the relevant one: https://www.legislation.gov.uk/ukpga...dule/4/enacted All of it has to be there.

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                  • #10
                    Hi thanks for the reply ostell.. I've just checked and my AOS was recieved on the 23/11

                    I've checked the ownership of the land. Its a shopping centre and owned by a company who lease the car park to NCP

                    I've replied to them? they haven't stated the driver was identified..

                    thanks I'll post up the ntk

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                    • #11
                      I posted up photos of the NTK around 10 mins ago. they are no longer showing, have they been removed?

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                      • #12

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                        • #13

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                          • #14

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                            • #15
                              Was this a hire car? Was there a windscreen ticket?

                              If not then the following POFA fails

                              9 (2) (a) no period of parking. Moving in front of a camera cannot, by definition, be parking

                              9 (2) (b) No statement that the driver is liable for the charge

                              9 (2) (f) the statement of keeper liability is not complete and not in the format prescribed by the act.

                              9 (4) Not given within the relevant period of 14 days.

                              There can be no keeper liability.

                              Edit: Added 9 (4)
                              Last edited by ostell; 2nd December 2020, 17:37:PM.

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
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                              CCA Request
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                              Subject Access Request Letter
                              Example Defence
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                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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