NCP Claim Form / CCJ / advice needed
Discussion
Hi Forum!
NEWBIE here, never been in this situation before, help appreciated.
history...
1. I entered into a private car park at 17:23 last year as I was staying at a hotel at Cambridge North - PCN attached. This was the only car park available, not owned by hotel
2. I paid what I thought was the correct amount via the APP on credit card and received no confirmation text or receipt
3. I received the below letter saying I had overstayed - 'partial payment'
4. I went back to look at the car park signs and it looks like I was supposed to get up from bed early next morning (12:01 am) to extend my ticket for the next day as it ran out at midnight
5. I sent a recorded Royal Mail letter to challenge, to the address stated on the PCN (Manchester PO Box 5538)
6. The letter was returned twice 'addressee gone away'
7. I understand if I defend this and lose I can still pay (maybe more though) and NOT get a CCJ?
8. The original fine was £60 now they want £255-00, sounds too much!
9. I have requested more time to defend this morning so should have an extra 28 days
NEWBIE here, never been in this situation before, help appreciated.
history...
1. I entered into a private car park at 17:23 last year as I was staying at a hotel at Cambridge North - PCN attached. This was the only car park available, not owned by hotel
2. I paid what I thought was the correct amount via the APP on credit card and received no confirmation text or receipt
3. I received the below letter saying I had overstayed - 'partial payment'
4. I went back to look at the car park signs and it looks like I was supposed to get up from bed early next morning (12:01 am) to extend my ticket for the next day as it ran out at midnight
5. I sent a recorded Royal Mail letter to challenge, to the address stated on the PCN (Manchester PO Box 5538)
6. The letter was returned twice 'addressee gone away'
7. I understand if I defend this and lose I can still pay (maybe more though) and NOT get a CCJ?
8. The original fine was £60 now they want £255-00, sounds too much!
9. I have requested more time to defend this morning so should have an extra 28 days
pistonette said:
Hi Forum!
NEWBIE here, never been in this situation before, help appreciated.
history...
1. I entered into a private car park at 17:23 last year as I was staying at a hotel at Cambridge North - PCN attached. This was the only car park available, not owned by hotel
2. I paid what I thought was the correct amount via the APP on credit card and received no confirmation text or receipt
3. I received the below letter saying I had overstayed - 'partial payment'
4. I went back to look at the car park signs and it looks like I was supposed to get up from bed early next morning (12:01 am) to extend my ticket for the next day as it ran out at midnight
5. I sent a recorded Royal Mail letter to challenge, to the address stated on the PCN (Manchester PO Box 5538)
6. The letter was returned twice 'addressee gone away'
7. I understand if I defend this and lose I can still pay (maybe more though) and NOT get a CCJ?
8. The original fine was £60 now they want £255-00, sounds too much!
9. I have requested more time to defend this morning so should have an extra 28 days
Can I suggest we first go though some law.NEWBIE here, never been in this situation before, help appreciated.
history...
1. I entered into a private car park at 17:23 last year as I was staying at a hotel at Cambridge North - PCN attached. This was the only car park available, not owned by hotel
2. I paid what I thought was the correct amount via the APP on credit card and received no confirmation text or receipt
3. I received the below letter saying I had overstayed - 'partial payment'
4. I went back to look at the car park signs and it looks like I was supposed to get up from bed early next morning (12:01 am) to extend my ticket for the next day as it ran out at midnight
5. I sent a recorded Royal Mail letter to challenge, to the address stated on the PCN (Manchester PO Box 5538)
6. The letter was returned twice 'addressee gone away'
7. I understand if I defend this and lose I can still pay (maybe more though) and NOT get a CCJ?
8. The original fine was £60 now they want £255-00, sounds too much!
9. I have requested more time to defend this morning so should have an extra 28 days
1. As you say they cannot pursue as registered keeper. However, they can pursue under breach of contract.
2. You say the original fine, it's not a fine, was £60, but now it's £255. My guess is the fee was £60 but may now be £100 and the difference is there costs. You maybe liable for the fee but any addition costs are not recoverable under contract.
3. Case law already says the fee is acceptable at £60.
4. You will only get a CCJ if they take you to court, you lose, and do not pay.
So up to you what you do now. You can pay and it will go away, offer to pay the fee of £60 in full and final settlement, or ignore and see if they issue a small claim and defend it.
If you want to go the latter route if possible it would be worth visiting the car park to take pictures of the signs. Other than that wait and see. If they do take you to small claims post on pepipoo or the relevant MSE forum for assistance with your defence.
Worth remembering if you move in the 6 years after the last letter from them do let them know of your change of address.
Also worth noting that the original letter mentions loss to the landowner. That's no longer a valid defence, hasn't been for years, so you need to get some better advice on this.
I'd recommend the Money Saving Expert or Pepipoo forums, as they deal with this sort of thing regularly. The response here will be mixed at best, with some who will be keener to start an argument than actually help you.
I'd recommend the Money Saving Expert or Pepipoo forums, as they deal with this sort of thing regularly. The response here will be mixed at best, with some who will be keener to start an argument than actually help you.
pistonette said:
Hello and thanks for replying. Are saying that even though I have received a CLAIM FORM from the Court I can still just pay £60 and walk away?
In your post above you only mention a letter from the parking company. Are you now saying you have received a formal notice from the court the company has started court proceedings?
pistonette said:
Sorry you need to be specific because those are 2 very different things and the picture does not show the whole document.A claim form from NCP is just an invoice.
If they have issued court proceedings you would get a notice directly from the relevant court. It would include the court details, a case number, a statement of claim, and some where to include a defence, it would have arrived in an envelope clearly showing its a court document.
What to do next very much depends on what you have received.
As above, if it has been to court then you should have had earlier demands from NCP and then details of court case, date, time etc.
I take it you have not changed address or your V5/DVLA address is correct so letters would be sent to you at the correct address.
A hire/lease car might extend the timing for letters though.
I take it you have not changed address or your V5/DVLA address is correct so letters would be sent to you at the correct address.
A hire/lease car might extend the timing for letters though.
Rufus Stone said:
It appears the OP has received the Notice of Claim from the County Court. He now needs to decide whether to accept the claim and pay, or defend the claim.
Possible since his letter was last January. But it that's the case then he must have received more letters including a letter before action. As well as the court notice which he has not mentioned. Certainly if it's going to court he needs MSE or pepipoo not PH.
Mrr T said:
pistonette said:
Sorry you need to be specific because those are 2 very different things and the picture does not show the whole document.A claim form from NCP is just an invoice.
If they have issued court proceedings you would get a notice directly from the relevant court. It would include the court details, a case number, a statement of claim, and some where to include a defence, it would have arrived in an envelope clearly showing its a court document.
What to do next very much depends on what you have received.
sospan said:
As above, if it has been to court then you should have had earlier demands from NCP and then details of court case, date, time etc.
I take it you have not changed address or your V5/DVLA address is correct so letters would be sent to you at the correct address.
A hire/lease car might extend the timing for letters though.
So, after your letter replying to the demand dated January 2023 what other correspondence was received?I take it you have not changed address or your V5/DVLA address is correct so letters would be sent to you at the correct address.
A hire/lease car might extend the timing for letters though.
Your comment in your letter saying you would not respond hints at you ignoring any subsequent dealings, including probable Court proceedings.
Is that correct?
Did you ignore other letters etc that would as a matter of procedure have been sent?
If so then that was a silly move. Your strong comment about not responding to subsequent letters has come back to bite you.
A Court judgement made in your absence looks to have been made as is the norm.
You need legal advice to try to mitigate the situation you are now in.
sospan said:
sospan said:
As above, if it has been to court then you should have had earlier demands from NCP and then details of court case, date, time etc.
I take it you have not changed address or your V5/DVLA address is correct so letters would be sent to you at the correct address.
A hire/lease car might extend the timing for letters though.
So, after your letter replying to the demand dated January 2023 what other correspondence was received?I take it you have not changed address or your V5/DVLA address is correct so letters would be sent to you at the correct address.
A hire/lease car might extend the timing for letters though.
Your comment in your letter saying you would not respond hints at you ignoring any subsequent dealings, including probable Court proceedings.
Is that correct?
Did you ignore other letters etc that would as a matter of procedure have been sent?
If so then that was a silly move. Your strong comment about not responding to subsequent letters has come back to bite you.
A Court judgement made in your absence looks to have been made as is the norm.
You need legal advice to try to mitigate the situation you are now in.
People don’t seem to know the difference between a Claim Form and a CCJ yet they seem to offer out their advice with wild abandon.
Edited by KungFuPanda on Wednesday 20th December 19:11
Just to be clear:
1. I have received a claim form from the County Court with a response pack
2. I have not contacted anyone since the alleged parking offence, except for the above appeal letter which was returned twice, as the wrong address to appeal to was on the NCP PCN (sent recorded so I have records 'gone away')
3. I have now sent an AOS and asked for an extension
1. I have received a claim form from the County Court with a response pack
2. I have not contacted anyone since the alleged parking offence, except for the above appeal letter which was returned twice, as the wrong address to appeal to was on the NCP PCN (sent recorded so I have records 'gone away')
3. I have now sent an AOS and asked for an extension
sospan said:
So, after your letter replying to the demand dated January 2023 what other correspondence was received?
Your comment in your letter saying you would not respond hints at you ignoring any subsequent dealings, including probable Court proceedings.
Is that correct?
Did you ignore other letters etc that would as a matter of procedure have been sent?
If so then that was a silly move. Your strong comment about not responding to subsequent letters has come back to bite you.
A Court judgement made in your absence looks to have been made as is the norm.
You need legal advice to try to mitigate the situation you are now in.
Wrong.Your comment in your letter saying you would not respond hints at you ignoring any subsequent dealings, including probable Court proceedings.
Is that correct?
Did you ignore other letters etc that would as a matter of procedure have been sent?
If so then that was a silly move. Your strong comment about not responding to subsequent letters has come back to bite you.
A Court judgement made in your absence looks to have been made as is the norm.
You need legal advice to try to mitigate the situation you are now in.
pistonette said:
Just to be clear:
1. I have received a claim form from the County Court with a response pack
2. I have not contacted anyone since the alleged parking offence, except for the above appeal letter which was returned twice, as the wrong address to appeal to was on the NCP PCN (sent recorded so I have records 'gone away')
3. I have now sent an AOS and asked for an extension
I presume you’ve got until around the end of Jan? Plenty of time to get on Pepipoo to get advice on drafting your Defence. 1. I have received a claim form from the County Court with a response pack
2. I have not contacted anyone since the alleged parking offence, except for the above appeal letter which was returned twice, as the wrong address to appeal to was on the NCP PCN (sent recorded so I have records 'gone away')
3. I have now sent an AOS and asked for an extension
Don’t let it worry you over Xmas. Worst comes to the worst, you’ll have to pay a few hundred quid.
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