NCP ANPR, Threads merged |
NCP ANPR, Threads merged |
Fri, 11 Jan 2019 - 08:24
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#1
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New Member Group: Members Posts: 3 Joined: 11 Jan 2019 Member No.: 101,835 |
Hi,
My mother got this from NCP we fo have a ticket for the date the machine mustn't have taken the last coin. £5.90 but it only says £5. Didn't notice at the time. Had a look around on here and 14 days seems to be important. The notice was issued way after that, I assume this was because of Christmas. Would that make any difference to liability? Mother's notability car but we don't know who was using it. There's a number of drivers who help her. She's poor basically and I have to pay for the food for her dogs she struggles that much. Any help appreciated. |
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Fri, 11 Jan 2019 - 08:24
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Fri, 11 Jan 2019 - 09:07
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#2
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
If this is a motability car, the delay is because they will have asked Motabilty to send the Lessors details through to them, then NCP sends out a Notice to Hirer / Keeper as youve found
So its not 14 days at all, im afraid, but longer than that However never fear - as long as the driver is NOT identified, so no "i" "She" or "He" when talking abou the days events - paragraph 14 of POFA comes into play! With this they are REQUIRED to send to the Hirer / Lessee the copy of the lease agreement (or hire) as well as the Notice They dont do this They NEVER do this So a simple appeal to NCP on this single point - that your mother (and it is written in first person, with you writing it and your mum agreeing it is ok) as lessee of the vehicle cannot be held liable, and was not driving on the day (if true, if not stay silent on the matter of who was driving) so cannot possibly have any liability, as they have fialed to comply with POFA2012, including but not limited to their reuqirement under para 14 to serve a copy of the lease agreement alongside the notice to lessee. You require them to cancel the charge. They will not, they will send a code for POPLA, so you in the meantime get on with writing the appeal - which will be longer, but th efirst point will be lack of lessee liabilty. |
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Fri, 11 Jan 2019 - 11:47
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#3
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Can you check with Motability that they have named your mother as the keeper. My mind keeps telling me that Motability actually put the hirers name on the V5 rather than themselves. They hold the V5.
If your mother is the registered keeper then the 14 days is a valid reason and this is the response: Dear Sirs, I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. I was not the driver and there is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc If, on the other hand, Motability have themelves as the registered keeper and provided the hirers/keepers name then if the required additional documents are not there then this should be the repsonse: Sirs Ref PCN xxxxx VRM yyyyyy I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper.. I was not the driver and there is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc. |
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Sat, 15 Jun 2019 - 06:08
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#4
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New Member Group: Members Posts: 3 Joined: 11 Jan 2019 Member No.: 101,835 |
I thought I'd update you all as to the status quo.
My mother received a ticket from NCP in Jan 2019 for an alleged infraction the in Dec 2018. It was sent too late and there may have been a ticket purchased anyway. So NCP got back to us and said the matter is closed and they will cancel the charge. This was in February. Since then BW Legal have sent harassing letter after harassing letter to my disabled mother, even though I told them NCP cancelled it. I have emails from them as evidence. My mother received a summons for the County Court miles away for the charges etc. I have contacted the City Magistrates to initiate a Private Prosecution for Harassment and informed bother NCP and the other party. Thought I'd update you all. https://ibb.co/Yk0SVM8 This post has been edited by Sierra Oscar: Sat, 15 Jun 2019 - 06:45 |
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Sat, 15 Jun 2019 - 06:59
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#5
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Member Group: Members Posts: 61 Joined: 16 Jan 2019 Member No.: 101,949 |
Do you have papers from Northampton County Court?
If so it's an online claim and you must respond following guidance on Money Saving Expert forum Newbies thread. https://forums.moneysavingexpert.com/showth...d.php?t=4816822 Your private prosecution if allowed can carry on concurrently. |
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Sat, 15 Jun 2019 - 07:20
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Have you sent a copy of NCP’s communication to BWL.
Did you contact NCP to ask why their solicitors were taking action when they had already cancelled? If you have a court claim you MUST still acknowledge and enter a defence. This post has been edited by The Rookie: Sat, 15 Jun 2019 - 07:21 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 15 Jun 2019 - 07:28
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#7
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
In my view, a less stressful option is a counter-claim for about £750
Faced with the "cancelled" defence, NCP would cancel the claim at no cost to themselves A counter-claim will leave them unable to do this without conceding it A private prosecution involves dealing with the magistrates court rather than Small Claims It also potentially exposes your mother to NCP costs if the prosecution is unsuccessful and regarded as inappropriate If successful, of course, it leaves NCP with no defence to the claim and the only issue left to discuss is the size of the cheque Would love to see NCP convicted of a criminal act Might give other parking companies a fright It would also leave BWL explaining its actions to the Solicitors Regulatory Authority Northampton Court is just the clearing house for claims Any hearing would be at your mother's local court |
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Mon, 17 Jun 2019 - 21:49
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#8
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New Member Group: Members Posts: 3 Joined: 11 Jan 2019 Member No.: 101,835 |
Update:
Voicebox PR have contacted me and said it should have been cancelled and there's been a miscommunication. Obviously their County Court case can no longer proceed. Will have to see what they come back with before I stop with the Private Prosecution. |
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Tue, 18 Jun 2019 - 07:59
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#9
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
If you have a court claim you MUST still acknowledge and enter a defence. You MUST still do this or you risk a default judgement against you and a CCJ regardless. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 18 Jun 2019 - 08:49
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#10
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Member Group: Members Posts: 8,582 Joined: 9 Feb 2006 Member No.: 4,813 |
Update: Voicebox PR have contacted me and said it should have been cancelled and there's been a miscommunication. Obviously their County Court case can no longer proceed. Will have to see what they come back with before I stop with the Private Prosecution. Check to see if the case been withdrawn in County Court. If not you really should add a counterclaim right away when you complete the details on the claim form online. That will make sure they can't back out of the claim and it will go ahead even if they don't turn up. £750 seems reasonable, however you must be aware that this case will be unlikely to have the claimant appear in court as they have withdrawn their own claim. That makes a counterclaim easier altogether. I'd go for £1500 for the harassment, worry and stress caused to a vulnerable person who is registered disabled, together with all the implications of a potential CCJ destroying your credit ratings. The more emotive things you can add that shows how the stress and anxiety has affected you, will be added weight to your counterclaim This post has been edited by Lynnzer: Tue, 18 Jun 2019 - 08:52 -------------------- The Asda shopping trolley parking ticket enthusiast
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Tue, 18 Jun 2019 - 09:36
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#11
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Yes
You want to get this in before NCP can discontinue the original claim |
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Tue, 18 Jun 2019 - 12:33
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#12
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Ye[, basically - do that today. Dont delay
WHATEVER YOU CHOOSE you MUST acknolwedge the claim, to avoid BW trying for a default. |
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