NO PCN or NTK received

[Guest]

Hello, would welcome any advice.

Have received letters, first from Trace recovery then from BW Legal on behalf of NCP requesting £160 for alleged parking contravention.

Once I received the first - I emailed NCP genuinely enquiring if this was a legitimate letter and asking what it’s in relation to. I’ve followed up with NCP and as yet had no reply.

Was literally the first I’ve heard of it but most recent letter has now stated alleged date, location and car (I’m registered keeper). Letters are increasing and latest suggests next steps will be pre action protocol letter. I’ve not contacted BW or Trace.

Can anyone please recommend list of steps I should take?

Many thanks

[ostell]

So a SAR the NCP requesting all the details they hold about you and the VRM of the car.

Have you moved recently and forgotten to update the V5?

[Hello1]

Thanks for your response Ostell.

I’ll SAR NCP. Haven’t changed address and everything up to date, so can’t explain why these weren't received.

Should I also contact BWL to update SAR in process?

Thanks

[Hello1]

ostell

Hi Ostell, thanks for your earlier advice.

So having contacted NCP umpteen times (with evidence by email) I have heard nothing. Until now receiving county court claim for for sum of money.

Appreciate any advice - should I dispute, attaching unanswered emails to NCP?

I would even be happy with the chance to appeal original fine had I have had chance to do so.

many thanks

[ostell]

So report NCP to the ICO. They are required to respond within 30 days.

Which company is actually claiming from you? The claimant on the form. Can you easily get a photo of the signs?

So you have received a claim from Northampton? If so acknowledge the claim using the details and password on the form 5 days after the issue date. Nothing in the defence. This gives you 33 days from the date of issue to get your defence to the court.

Try again with SAR to NCP. Addressed to the Data Protection Officer at the NCP address on the claim form.

CPR 31.14 request to the solicitor on the claim form. You require the PCN and copies of the signs that allegedly created the contract taken at the relevant time. Also confirmation and details of NCP's right to operate on the site and if not the landholder then details of the contract that allows them to charge and take legal action.

Both first class mail with free certificate of posting from a post office.

Templates in the shortcuts panel on this page.

NCP are naughty on their web site, they are not identifying themselves with company name nor company number. The status of NCP Ltd is non trading. There are multiple companies on various iterations of name

NCP address on companies house is Saffron Court, 14b St Cross Street, London, EC1N 8XA

[Hello1]

Thanks Ostell.

Yes it’s NCP claiming - with the address you provided below. Claiming a ‘contractual breach in the private car park/land’ plus costs. It states the PCN was issued to the driver (it wasn’t).

I could get a pic of signs if needed but not so easily.

I’ll SAR NCP and CPR the solicitor, do I request the details ‘under CPR 34.14’? just to check on phrasing...

thanks

[ostell]

Look at the templates

So which company is claiming and which company is on the sign. NCP Limited is a non trading company, National Car Parks Limited is trading, as well as many variations such as NCP London in various forms, NCP North East so the name on the sign has to match the name that is claiming

if they are claiming costs then there is a case been mentioned recently where the judge threw out the claim for a use of process. I haven't got the reference here but I'll add it later

Edit: Have a look at this case and develop you defence using the details

[Hello1]

ostell Hi

Ok a bit of an update on this and appreciate advice.

Heard back following CPR 34.14 and it appears National Car Parks limited is both the same on claim form as it is on pictures of signs in car park. They replied with all info bar the right to operate (stating commercially sensitive) but would submit this if needed at court.

The claim is including £60 ‘costs’ which I can see was struck off in the case example you provided previously, thanks.

Unsure what to do next, worried if challenged (and I fail) I’ll be slapped with a CCJ - and I can’t take that risk. But keen to pursue if worst case scenario is I have to pay any way.

I can refer to/submit the many emails that I’ve sent to NCP to try and resolve the matter, none of which received a reply - as part of my defence?

[Hello1]

It’s also worth adding I used pay by phone app on the day in question and exited the car park 16 mins after time had expired, I don’t recall but may well have been back at my car within the time paid for in any case.

[Hello1]

Sorry - third and final part of the story:
Have just noticed the pay by phone charge was £3.60, the cost on the sign states £2.80 per hour and £5.30 for x2 hours. I stayed (according to their cameras) for 1 hour 16 minutes. Therefore in doing the maths it does infact seem I have actually paid for the time stayed.
Again, because I never received a PCN or NTK I have never been able to provide this evidence to NCP.

[ostell]

You will only get a CCJ marked against you IF you lose and IF you don't pay within 30 days.

So what does the PCN say?

Have you acknowledged the claim?

[Hello1]

Yes have acknowledged the claim online (via gov.uk)

the PCN states ‘driver of above vehicle is liable for a parking charge of £100. This charge relates to period of parking specific in this document, the charge having been incurred due to the following breach of conditions of use: parking without payment of the parking charge and liability for the same having been brought to the attention of the driver by clear signage in and around the site (site name) at the time of parking. The breach was recorded by an approved ANPR camera.” Then goes on to T&Cs

Now, had I have been able to appeal to NCP I could have advised I had paid by phone (I still have receipt) and that the online system was registered in a previous vehicle registration.

Thanks

[Hello1]

ostell Hi

Just following up on this for your thoughts.

Specificaly any advice before I submit my defence.

My plan was to simply provide all the evidence of chasing NCP for a response having never received the PCN/NTK following the recovery letter - to which I’ve never revived a reply.

Highlighting that I had in fact paid for some (or all) of the parking within the duration of my stay. Acknowledging the oversight that the online payment was in my previous vehicle Reg. I haven’t been provided with an opportunity to submit this information to NCP because of the above.

Seems like they are exploiting the process.