NCP/BW PCN - Gatwick Airport Drop Off Zone - 2 x APNR NTK received after pickup/drop off from outside Permier Inn Hotel

[FTMDave]

Both PCNs are well out of time for keeper liability.

 

BW Legal's response is bunk.

 

Hold firm and don't pay.

 

Well done on the snotty letter.  The only thing you got wrong was that it is a magistrate in a criminal court, but a judge in a civil court.  BW Legal will have picked up on that but NCP are too stupid to have done so.

Edited September 7, 2022 by FTMDave
Typo

[FTMDave]

I've had a look at Gatwick Airport's site to see if you really were inside the drop-off zone, and it seems you were - see map.

 

Look at how the idiots refer to NCP's invoices.

 

There is also stuff about Blue Badge holders being exempt from the £5 if you contact them in advance - do either of your parents have a Blue Badge?

[FTMDave]

If I refer to an attachment it might be an idea to actually attach it

 

Apologies.

Drop-off zone map.pdf

[FTMDave]

On one of your other threads regarding your SAR, you have uploaded just one approach to the DVLA on 16.11.2021.

 

Is that right?  Just the one approach in the whole of the SAR?

 

If so, very bad news for the fleecers ...

 

 

[FTMDave]

Forgot my 2+2=5 above.  The fleecers have to contact the DVLA re every "offence".  i thought they might not have done this.  But they have.

[FTMDave]

I do think you're barking up the wrong tree.

 

The fleecers can ask the DVLA for info during whatever time frame they want, likewise they can issue their invoices when they want, like any private company.

 

What they cannot do if they don't respect the 14 days is use Schedule 4 of the Protection of Freedoms Act to transfer liability from the driver to the keeper.  

 

One of your aces in court will be this lack of keeper liability.

 

 

Edited October 12, 2022 by FTMDave
Usual typo

[FTMDave]

Well done on seeing off one of the invoices.  Maybe another letter is in the post and has been delayed?

[FTMDave]

Just a thought here.

 

You could write to them politely and say they wrote to you re PCN A and PCN B, you replied, and they said that PCN A had been cancelled.

 

You want to know the situation with PCN B.

 

They might be stupid enough to tell you it's been cancelled too.  Surely worth a try.

[FTMDave]

Yes, you're right.  Forget what I wrote half asleep yesterday.

 

I had got it into my head that it was just one LoC that covered two PCNs.

 

Now it's clicked that it's two different PCNs, two different LoCs.

 

You're spot on, best to let sleeping fleecers lie.

 

 

[FTMDave]

You could look on their portal however and see if it's still active  https://www.ncp.co.uk/help-centre/pcn-payment-and-appeals/

 

[FTMDave]

The obvious answer to your question is to simply send the same snotty letter again.  However, I'm thinking that if they cancelled one invoice they might cancel another.

So how about sending the same letter, but with two changes?  Firstly, change "magistrate" to "judge"  A magistrate decides criminal cases, yours is a civil case.

Secondly, just change the introduction

Re: PCN Ref *********

Dear BW Legal,

Thank you for your second rather laughable ‘Letter of Claim’ regarding the above speculative invoice sent out without consideration to the current codes of practice laid out by UK Law and your client’s own governing bodies.  If you had done any due diligence you would have also discovered that your client cancelled PCN Ref ********* concerning the same vehicle in the same location.  If one invoice was rubbish it follows that the other is too!

Invest in two 2nd class stamps tomorrow and get two free Certificates of Posting.

Edited June 8, 2023 by FTMDave
Typo

[FTMDave]

The snotty letter reply to their LoC looks fine.

As for your second point, courts have a very high bar for harassment.  You've already sued them for distress due to not respecting a SAR request, and won, which is excellent.  I don't know what else you think they've done wrong with your personal data.  They are entitled, unfortunately, to approach the DVLA if they think your car was parked unlawfully.  What precisely makes you think you have another claim for data protection breach? 

Edited June 10, 2023 by FTMDave
Typo

[FTMDave]

NCP and BW Legal are indeed two separate companies.  NCP obviously run car parks.  BW Legal are a horrible firm of solicitors who specialise in debt recovery for various customers.

In the early 80s I worked for a year and a half in the legal department of a company, and also for a short time in a solicitors' office.  When I first came across this site I was bemused about how companies like NCP could even consider legal action, certainly involving solicitors, for what to them really are piddling amounts of money.

The answer is that their whole horrible model depends on doing everything on the cheap and certainly in the case of the solicitors doing no due diligence whatsoever.

So first time around NCP will have sent a list of motorists, including you, who hadn't paid after their Final Reminder stage or some such, and BW Legal will have sent you a LoC.  NCP afterwards didn't have the gonads to do court.  So a few months later you will have been included in a new list of non-payers and lazy BW Legal will have just sent you their standard LoC again.

The point is that this is all normal.  They have a legal dispute with you and are quite entitled to send letters.  They have six years to make a claim.

If you want to SAR BW Legal then do so.  And yes they are lazy and unprofessional, but that's not sufficient to take court action against them.

[FTMDave]

Ignore it and have a good laugh at them.

The whole point of a Letter of Claim is to tell the other party that court action is imminent.  So they send you two.  And then keep writing.  So this is your final final final chance to pay!