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I have a received a letter from Gladstone solicitors stating…

Hi, i have a...

Hi, i have a received a letter from Gladstone solicitors stating they "have been instructed by NCP limited in relation to the above debt" (of £149 an increase from £50).

Lawyer's Assistant: What state was the citation in? And have you consulted a local attorney?

Can you please clarify what you mean by state of citation?

Lawyer's Assistant: Do you need to appear in court?

Nope this appears to be another threatening letter, which i have been advised on forums to ignore, but i am doubting myself haha furthermore i have not yet spoken to a local attorney

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

First of all i wasnt the driver of the car at the time of parking which NCP have also failed to provide evidence on

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Answered in 2 minutes by:
6/22/2017
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,546
Experience: Over 5 years in practice.
Verified

Hi - is this in regard to a parking fine?

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Customer reply replied 1 year ago
A parking charge made by NCP limited in Portsmouth
Customer reply replied 1 year ago
here is the lettee received
Customer reply replied 1 year ago
hi can you please respond on how i should proceed

Hi.

Are you prepared to risk being sued?

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Customer reply replied 1 year ago
on the basis that i have a strong case against NCP limited, then yes
Customer reply replied 1 year ago
they have so far only provided imagery of a few signs, but have failed to identify the driver (which i was not on that day) and and have failed to show the distance of the vehicle and the signs.. whatsmore they have breached my privacy by handing out my dvla details to debt collector agencies

OK. Did you disclose the identity of the driver within 28 days?

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Customer reply replied 1 year ago
No

OK. Why not?

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Customer reply replied 1 year ago
I am the appellant throughout (as I am entitled to be), and as there has been no admission regarding who was driving, and no evidence has been produced, it has been held by POPLA on numerous occasions, that a parking charge cannot be enforced against a keeper without a valid NTK.
Customer reply replied 1 year ago
the claim was made solely against me so i enacted my rights to fight back against a claim made against me and not the driver of the vehicle
Customer reply replied 1 year ago
As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4. This applies regardless of when the first appeal was made and regardless of whether a purported 'NTK' was served or not, because the fact remains I am only appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party.

Hi.

If you didn't disclose the identity of the driver then the presumption is that the registered keeper is liable.

the law changed in 2012 to prevent people refusing to name the driver I'm afraid.

I'm very sorry but there is no defence in asking them to prove who was driving now.

Can I clarify anything for you?

Jo

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Customer reply replied 1 year ago
are you suggesting the charge has to be paid despite it not being a valid pre estimate of loss? evidence here suggest the driver stayed 4 minutes over allocated stay

Yes, that is right except that it is not my suggestion. It is the law.

Sum of loss point is a non issue. Case of Beavis.

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,546
Experience: Over 5 years in practice.
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