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Crawley Boulevard East ANPR Penalty Invoice (No Planning Permission ANPR)

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  • Crawley Boulevard East ANPR Penalty Invoice (No Planning Permission ANPR)

    Good morning. Here is an interesting one.

    In October this year I received a Claim Form that was issued by BW Legal on behalf of NCP. This is dated 17th October 2018 for an alleged offence that occurred in April this year. This is the very first time I am aware of this. I have acknowledged this Claim on line to give me some time to prepare my defense. The Particulars of Claim state as written on the Claim Form state:

    "The claimants claim is for the sum of £242.84 being monies due from the Defendant to the claimant in respect of a Parking Charge Notice (PCN) for a parking contravention which occurred on 04/04/2018 in the private car/land located at Crawley Boulevard East Crawley RH101XP in relation to a vehicle, xxxxx. registration mark xxxxx. The defendant was allowed 28 days from the PCN date to pay the PCN, but failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability. The claim also includes Statutory interest pursuant to section 69 of the county Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.04 from 04/04/2018 to 16/10/2018 being an amount of £7.84. The claimants claim includes £60.00 costs as set out in the Terms and Conditions"

    The only letter that I have received is this claim Form. I never received any Notice to Keeper, absolutely nothing ! 7 months have passed. We NEVER parked. There was no available spaces but we did wait between 10 or 15 mins but no spaces became available. We drove out the other end as it is one way. It turned out that NCP who installed these ANPR cameras last year had never applied for planning permission. It also turned out a further 2 car parks that are in operation also did not have planning permission.We informed the local authority and NCP has applied for retrospective planning permission which as we know, they will get it. I feel we have been shafted big time. Can anyone help with putting my defense together. Thanks, Lonerider..
    Tags: None

  • #2
    Your defence is that there was no contract inplace to breach. The claimant was unable to offer parking as there was no space so the driver could not complete the contract because of their failure and left the car park.

    It's not an offence and it's not a penalty. It's a mere invoice for charges the driver agreed to pay if the driver did not comply with the requirements on the signs but since there was no contract made there can be no charge agreed to.

    Do they know the driver? They cannot as it was ANPR cameras. You defend as the keeper and state that this is the first you have heard on this matter and as the keeper you cannot be held liable on this matter as they have failed to deliver a Notice to Keeper with n the 14 days required to hold the keeper liable under Schedule 4 of The Protection Of Freedoms Act 2012, par 9 (4) and the correct defendant is the driver, who you are not required to identify, and after this amount of time would be unable to recall for an unmemorable day 7 months ago. In which case you need to edit your post so the possible driver cannot be inferred.

    Take you choice which direction.
    Last edited by ostell; 11th November 2018, 12:15:PM.

    Comment


    • #3
      Hello Ostell, . No, they do not know who the driver was. I have not spoken or made contact with NCP or NCP legal representative being BW Legal.

      Comment


      • #4
        OK SAR to NCP to request all the documents that they hold about you, especially letters that purport to be the Notice to Keeper. It won't get to you in time for your defence but will come in handy later.

        I think the defence will be that they have not complied with the requirements of POFA to be able to hold the keeper liable for the actions of the driver as they failed to deliver a Notice to Keeper within the 14 days required.

        Comment


        • #5
          Ok, Ostell. Will do. Can I post or email my defense to you to have a look?
          Last edited by Lonerider; 12th November 2018, 17:30:PM.

          Comment


          • #6
            Defence has been acknowledged by email and snail mail. Waiting for further instructions.

            Comment


            • #7
              I have now received Directions Questionnaire from BW Legal. Please could you advise me what I need to do now please?

              Comment


              • #8
                Do they request that the hearing is held on paper only?

                You should get your own directions questionnaire from the court, or you can print off your own, and send it to the court and BW.

                Comment


                • #9
                  Sorry Ostell, not sure what you mean?

                  Comment


                  • #10
                    Which bit?

                    Comment


                    • #11
                      What should I do now?
                      Attached Files

                      Comment


                      • #12
                        Originally posted by Lonerider View Post
                        Sorry Ostell, not sure what you mean?
                        Any good above?

                        Comment


                        • #13
                          You have to submit a DQ to the court and BWL

                          Comment


                          • #14
                            Do I wait for the DQ from the Court? I appear only to have one from BWL with no date when to send it back. Really sorry to keep asking questions.

                            Comment


                            • #15
                              Phone the the court to see if they have sent the form to you, or are about to send it. If not download your own copy from here.

                              Comment

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