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NCP ANPR ticket - driver not identified
MickW
post Sun, 30 Dec 2018 - 13:56
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Hello

Looking for some assistance here. My vehicle was recently driven into an NCP car park, and was photographed on entry and again on leaving after spending just under 20 minutes in the car park. The driver apparently forgot/failed for some other reason to purchase a ticket. I have received all of the usual correspondence and have written to them stating that I am not in a position to identify the driver at the material time as I cannot remember who it was that was driving the car on that particular day, and judging by the photographic evidence they have provided, neither are they (it was an ANPR ticket). I also told them that I made a request for a POPLA code at that time but received no response.

I have now received a letter before claim from their debt collector (BW Legal), and contacted NCP again pointing out all of the above and again requesting POPLA code, which they are now refusing to provide on the grounds that it’s ‘too late’ and they are directing me back to the debt collector.. I haven’t corresponded with them yet, but realise that the clock is ticking.

I have contacted NCP once more stating that my request for a POPLA code is still valid, as there is nothing whatsoever to prevent them from considering a challenge at any stage. I am also saying that refusing access to their alternative dispute resolution procedure on these grounds would be unreasonable and a breach of the Civil Procedure Rules.

I have made an SAR asking for all correspondence in relation to this matter, but they have not fully complied, only sending me a copy of their 'final reminder' document which shows their 'photographic evidence' which, as stated, only shows the bottom half of the front and rear of the car entering and leaving the car park and does not show who was driving. I have requested that they fully comply with the SAR by providing me with copies of the NTK, PCN and any other relevant documents and I will update this thread once I receive a response to these latest requests.

Ultimately I am basing my appeal on the fact that they have failed to identify the driver of the vehicle at the material time, and cannot hold the registered keeper of the vehicle liable for a contravention that was carried out by an unidentified person. I am not legally responsible for the actions of the person driving the vehicle, and they could not legally oblige me to provide them with the identity of the driver, even if I were in a position to do so.

Not too sure how strong this defence would be in court so that’s one thing I could do with some advice upon – something to do with whether POFA applies(?) and I am not sure whether it does in this instance.

I realise I may be skating on thin ice but any input would be gratefully received.

Thanks for any advice you may be able to give.


M

This post has been edited by MickW: Sun, 30 Dec 2018 - 14:17
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post Sun, 30 Dec 2018 - 13:56
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MickW
post Sat, 16 Mar 2019 - 09:34
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It says:

"Thank you for your email the contents of which we duly note.

We can confirm we have taken our Clients instructions who have requested that we place our matter on hold and we will be in touch with due course. (sic)"

Still haven't filed the defence - I have until 4pm on Monday.

There's nothing on MCOL to suggest that anything's changed...

Most peculiar!
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ostell
post Sat, 16 Mar 2019 - 10:21
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You must get that defence filed in the time required by the court. It's not unknown for solicitors to say that a case is on hold then proceed anyway and get a judgement by default.

This post has been edited by ostell: Sat, 16 Mar 2019 - 10:21
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MickW
post Sat, 16 Mar 2019 - 13:06
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Yes I definitely will be filing it today

Had a feeling they might be trying that one on - cheeky barstewards rolleyes.gif
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