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#Post#: 38543--------------------------------------------------
No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: September 27, 2024, 4:12 am
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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
#Post#: 38544--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: DWMB2
Date: September 27, 2024, 4:25 am
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--- Quote ---
> The PCN was not valid as it wasnt sent within the 14 day
period.
--- End Quote ---
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
HTML https://www.ftla.uk/private-parking-tickets/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?
#Post#: 38546--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: September 27, 2024, 4:35 am
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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.
>
--- End Quote ---
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.
HTML https://imgur.com/a/zmqSWPg
#Post#: 38549--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: DWMB2
Date: September 27, 2024, 4:45 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.
#Post#: 38568--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: September 27, 2024, 6:42 am
---------------------------------------------------------
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
HTML https://www.justice.gov.uk/documents/debt-pap.pdf
#Post#: 38836--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: September 29, 2024, 1:06 pm
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Yeah I cant seem to find the original letter. Can i request the
letter to be resent?
#Post#: 38841--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: September 29, 2024, 1:22 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.
#Post#: 56429--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: February 3, 2025, 12:46 pm
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Received claim today dated 30/1 ------
HTML https://imgur.com/a/xs20HwG
I will acknowledge the claim with MCOL on the 5th day
I will be using this template as well
HTML 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
#Post#: 56479--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: February 3, 2025, 5:24 pm
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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:
HTML 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 ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> National Car Parks Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 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:
>
> [indent](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.[/indent]
>
> 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:
>
> [indent](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.[/indent]
>
> 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:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0
CEL v Chan Transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0
CPMS v Akande Transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0
#Post#: 62753--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: March 16, 2025, 9:49 am
---------------------------------------------------------
Thanks! Will now complete the N180 and email it addressed to
both dq.cnbc@justice.gov.uk and Help@moorsidelegal.co.uk
and CCd myself.
After this, wait for mediator hearing?
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