Author Topic: No reply from NCP and now getting solicitor letters  (Read 466 times)

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NBSCMN

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No reply from NCP and now getting solicitor letters
« on: September 27, 2024, 10:12:33 am »
Hi,

I received a PCN from NCP in June and didn't appeal it within the 30 day period. I emailed them saying that I had COVID and was unable to access my computer. They have accepted emails like this previously however with this one they would not reply or acknowldge.

The PCN was not valid as it wasnt sent within the 14 day period.

I have now had a few letters from debt recovery - which I ignored and sent further emails to NCP asking them to cancel.

I have sent about 4-5 emails until now. They have only replied once stating that the PCN has been transferred to the debt collectors and now not their issue

My most recent letter has been from Moorside threatening CCJ if I dont pay. I emailed NCP and they again said


As your parking charge notice has now been transferred to Moorside – Pre Legal Action all further correspondence regarding this notice will need to be sent to them directly as NCP cannot accept appeals or payments regarding this notice. Please contact them directly.



How can I get NCP to cancel this. I thought I shouldnt be talking to solictiors etc at all and only go through the actual parking company

Thanks

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DWMB2

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Re: No reply from NCP and now getting solicitor letters
« Reply #1 on: September 27, 2024, 10:25:23 am »
Quote
The PCN was not valid as it wasnt sent within the 14 day period.
For clarity, this isn't quite accurate. If they do not deliver a notice within the relevant period of 14 days, they cannot use the provisions of Schedule 4 of the Protection of Freedoms Act to recover the unpaid charges from you as the keeper, but this does not mean the PCN is invalid. They may have a valid claim against the driver, albeit no way to recover from him if they don't know who he is.

To help us help you, please read the following thread and provide as much of the information it asks for that you are able to provide - READ THIS FIRST - Private Parking Charges Forum guide

It would also be useful to see your email correspondence with NCP.

Is the letter from Moorside a Letter of Claim?

NBSCMN

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Re: No reply from NCP and now getting solicitor letters
« Reply #2 on: September 27, 2024, 10:35:18 am »
This was the email I sent them
Quote
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.



There is no legal requirement to name 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.


I've just had a look through my emails and they did respond but I must have missed it. It asks to go through POPLA but this was back in May. Is this possible or too late? Also, I sent them another 5 or 6 emails after this time asking for a resolution but they never said that they had already sent me an email regarding that.

https://imgur.com/a/zmqSWPg


DWMB2

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Re: No reply from NCP and now getting solicitor letters
« Reply #3 on: September 27, 2024, 10:45:08 am »
A copy of the original parking charge notice would be useful.

If they sent you a POPLA code but you missed it, it's too late to appeal to POPLA now. The ball is essentially in NCP's court, and it's a case of waiting to see if they decide to issue a court claim or not.

b789

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Re: No reply from NCP and now getting solicitor letters
« Reply #4 on: September 27, 2024, 12:42:12 pm »
Show us the original Notice to Keeper (NtK).

What was the date of the alleged contravention and what is the issue date of the NtK? Only those two dates will determine whether the NtK was delivered (given) within the relevant period. The actual date it was received has no relevance whatsoever, unless it can be evidenced (unlikely).

As stated above, you are beyond any appeal stage. It's a pity that you didn't try POPLA if the NtK failed to comply with PoFA.

Ignore Moorside Legal. They are acting as debt collectors. All debt collectors can be safely ignored as they have no power to do anything. They are a third party to any contract allegedly breached by the driver. Ignore, ignore, ignore.

We really don't need to see any debt collection letters.

What you now have to do is wait and see if/when NCP decide to take you to court over the alleged debt. If/when you receive a Letter of Claim (LoC) then come back and show us. You will know it is a real LoC and not a fake one from a debt collector, if it gives you 30 days to pay. All debt collectors will usually only give you 14 days.

A real LoC has to follow the Pre Action Protocols (PAP) and you can check ay letter against paragraph 3 of this document:

Pre-Action Protocols for Debt Claims
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

NBSCMN

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Re: No reply from NCP and now getting solicitor letters
« Reply #5 on: September 29, 2024, 07:06:13 pm »
Yeah I cant seem to find the original letter. Can i request the letter to be resent?

b789

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Re: No reply from NCP and now getting solicitor letters
« Reply #6 on: September 29, 2024, 07:22:28 pm »
You could but it is not advised. If/when a claim is issued, you will have a better defence if you cannot fully respond to the woefully inadequate Particulars of Claim (PoC). If you really need a copy, you can SAR the after a claim is issued.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

NBSCMN

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Re: No reply from NCP and now getting solicitor letters
« Reply #7 on: February 03, 2025, 06:46:50 pm »
Received claim today dated 30/1 ------ https://imgur.com/a/xs20HwG

I will acknowledge the claim with MCOL on the 5th day

I will be using this template as well https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

What else can I add?

also i should say that I have had a few PCNs from NCP over the last year which all have been cancelled but I'm not sure if this can be used against me? (around 30-40 in the past year..  :-X )

Thanks

b789

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Re: No reply from NCP and now getting solicitor letters
« Reply #8 on: February 03, 2025, 11:24:33 pm »
There is no need to delay submitting the Acknowledgement of Service (AoS). With an issue date of 30th January, you have until Tuesday 18th February to submit the AoS.

Just follow the instructions in this linked PDF file to submit the AoS:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Once you have submitted the AoS, you then have until 4pm on Tuesday 4th March to submit the defence.

Here is the defence and link to the draft order and relevant transcripts that go with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you send all the documents as PDF attachments in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of National Car Parks Ltd v [your full name] Claim no.: [claim number]."

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

National Car Parks Ltd

Claimant

- and -

[Defendant's Full Name]


Defendant



DEFENCE

1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4(1)(a).

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.

5. The Defendant also attaches to this defence a copy of a draft order previously issued by a district judge at another court in a similar case. In that case, the court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4(1)(a). The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Failed to explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.

6. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4(1)(a).

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence

CEL v Chan Transcript

CPMS v Akande Transcript
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain