Ncp parking charge moved onto bw legal

[Lucieria]

Hi, I have been trawling through all types of forums to see if I could find the relevant help there for my situation but there's so much information I thought I would start a new thread myself. I have no understanding of the legalities behind this and terminology so any help would be appreciated. I received 2 PCNs from NCP car park in Ipswich (this car park has been a culprit for issuing unfair charges) back in February, following bad advice I ignored and threw them away!!! I went away to visit family from April and returned 17th May in which, during that time I received trace debt collection letters (which I didn't reply too as I wasn't here) and now I have been sent a letter from BW Legal stating they are now taking over the case. The letter states if I don't pay within 14 days from the date of letter (6th June) they will start legal proceedings against me. The outstanding balance is £320 which I really don't have but I don't know what to do as I'm not sure how quickly the legalities all move!!

I'm not liable for the charge for these PCN's. On both occasions, the driver used the entrance and exit to the car park as a short-cut through to the road. I can give evidence to demonstrate the route. The vehicle was never parked on NCP grounds, and no where on the signage does it say you cannot pass through the car park.

The car park is connected to a road with council owned bays and a council owned car park. The driver used the entrance to get to the council owned bays to park on both occasions. The driver then used the exit to cut through towards the quickest direction to get to their next destination.

As I said this has now moved onto BW Legal and I'm not sure how to proceed. I wanted to acknowledge their claim and emailed both NCP and BW Legal to display that I disputed the charge but have had no reply as of yet. Any ideas on next step? I only have 4 working days including today left to resolve this before legal proceedings start (according to BW Legals letter).

Thanks for the help!

[charitynjw]

Hi & welcome to LB

Did BWL send a pre-action protocol pack to you?
(Normally a covering letter, a tick-box reply form, an income & expenditure sheet & some info on 'help with debt' companies.)

Have you at any time ID'd who was driving in any dealings with the parking co/sols?

[Lucieria]

Thank you!

No BW Legal haven't sent me anything like that. Just a letter to explain their client (NCP) has passed it onto them and if I don't pay within 14 days they will start legal proceedings. It also says I can sign up to their portal etc to manage payments. On the back of the letter it has help with debt companies and help line information. Along with the letter is just a bit of paper outlining the date, PCN ref, vehicle, contravention description, location and PCN amountwith a balance at the bottom. This is done in a chart like format but no tick box.

I have never identified the driver at any stage to either companies.

[charitynjw]

Ok.....do not ID the driver in any further communications. (Or on any forum posts.)

If it were me I'd take some video footage showing that I was just 'passing through'.

Could you post up pics of the notices to keeper? (Front & rear, redact personal info but leave all times & dates visible.)
+ pics of the car park sign(s).

Grace periods will probably also be a factor.

[Lucieria]

Okay that is noted.

I can take video footage of the route the driver took and the signs today. I don't have the original notice to keepers as I stupidly ignored and threw away from bad advice. Is there a way to get my original ones back? Thanks.

[charitynjw]

The easiest way, probably, is to SAR the parking co.
But be prepared for the possibility of this triggering a court claim.

https://legalbeagles.info/library/gu...ccess-request/

The attached court transcript could assist.....as it's a county court case it is not a precedent, but the judge's reasons should be persuasive if it is used as part of your defence.

[Lucieria]

Okay thanks for those links they're very helpful!

if you're honest do you think this is very likely to go to court? And if so, how quickly would you say I need to act before this happens? Do the solicitors legally have to send a couple of more action letters and leave a certain amount of days to take action which could give me some more time?

[ostell]

I can take video footage of the route the driver took and the signs today.

Perhaps take a note of the comments in post #4

[Lucieria]

I tried to edit post #5 immediately after to correct it to how it should be but I'm not able too, how can I do this?

[ostell]

There is an "edit" button in the blue line below the post.

[Lucieria]

Thanks very much, that wasn't available on the device I was using.

In regards to my question about the likeliness to go to court, would you be able to weigh in on any information for this? I can't really afford the £320, I am also genuinely not responsible for the charge so I would be seething to pay, but due to personal reasons I really can't deal with the stress of court, finding time off work etc. I only have until the 20/6/19 (according to the first and only letter I have been sent from BW) to 'pay up' to avoid court. Would you advise I just pay or will I have more time to fight this? Am I even likely to fight this to the best of your knowledge? I know CharityNJW advised to get the PCN information but if it could trigger a court claim I'm not sure I want to take that risk.

[charitynjw]

Thanks very much, that wasn't available on the device I was using.

In regards to my question about the likeliness to go to court, would you be able to weigh in on any information for this? I can't really afford the £320, I am also genuinely not responsible for the charge so I would be seething to pay, but due to personal reasons I really can't deal with the stress of court, finding time off work etc. I only have until the 20/6/19 (according to the first and only letter I have been sent from BW) to 'pay up' to avoid court. Would you advise I just pay or will I have more time to fight this? Am I even likely to fight this to the best of your knowledge? I know CharityNJW advised to get the PCN information but if it could trigger a court claim I'm not sure I want to take that risk.

Impossible to say whether they will attempt to enforce via county court.
BWL do seem to be fairly litigious, & imho they use court claims as methods of ̶i̶n̶t̶i̶m̶i̶d̶a̶t̶i̶o̶n̶ leverage, as well as a cheap form of debt collection.

[Lucieria]

I hope this thread isn't dead. But I have received both NTK's from NCP. One incident was on 25/1/19 and was dated as sent out on 14/2. The other incident was dated 1/2/19 and dated as sent out on 14/2. Meaning both letters wouldn't have been received in the post til at the quickest 15/2. Am I not correct in thinking that notices via post given out to drivers via ANPR footage is supposed to be received within 14 days? Meaning both charges are not enforceable? Can anyone help me out.

[charitynjw]

I hope this thread isn't dead. But I have received both NTK's from NCP. One incident was on 25/1/19 and was dated as sent out on 14/2. The other incident was dated 1/2/19 and dated as sent out on 14/2. Meaning both letters wouldn't have been received in the post til at the quickest 15/2. Am I not correct in thinking that notices via post given out to drivers via ANPR footage is supposed to be received within 14 days? Meaning both charges are not enforceable? Can anyone help me out.

Yep.
If there was no notice to driver (windscreen ticket), NtKs must be received by you latest 14 days after the alleged incident.

9(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

https://www.legislation.gov.uk/ukpga...dule/4/enacted

Also

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

[Lucieria]

Great thank you.

Do you suggest in my dispute I write an email to BW Legal or NCP themselves?