PCN NTK help required please

homer77

Hi All

So just received another letter from Wright Hassall. This time it states it is a FROMAL LETTER OF CLAIM. I'm a bit miffed that they haven’t even bothered to acknowledge what i sent them previously!

Ive been searching for what seems like hours on this site and am still confused as to my next action.
The letter is pretty much this - https://bmpa.zendesk.com/hc/en-us/articles/203747112-Wright-Hassall

I am also confused as to if this is the same as a letter before claim? However my main question is do I respond and if so can someone please point me to an example letter. I've read tons on the lazydaisy thread and my head is spinning!

Any advice is greatly appreciated

Coupon-mad

https://forums.moneysavingexpert.com/discussion/5544669

https://forums.moneysavingexpert.com/discussion/comment/71809910#Comment_71809910

https://forums.moneysavingexpert.com/discussion/comment/71741351#Comment_71741351

Crops up a lot!

I've read tons on the lazydaisy thread and my head is spinning!

Beware of reading old threads, search for new ones instead. That's from 2013/14.

homer77

Thanks Coupon Mad, although the first link is my thread :P

I'll draft a letter and post for you guys to vet.

Thanks

Coupon-mad

Whoops, I was showing someone else your thread at the same time! This poster:

https://forums.moneysavingexpert.com/discussion/comment/71896641#Comment_71896641

homer77

Morning,

Having gone through my previous posts I relaised that I replied to WH the first time as if it was an LBC, therefore would it be ok to resend the same letter reiterating the same points (see below) or should I change it up to somehting like this one - https://forums.moneysavingexpert.com/discussion/comment/71809910#Comment_71809910

Wright Hassall Solicitors
Olympus Avenue
Leamington Spa
Warwickshire
CV34 6BF

Your Ref: XXXXXX

Thank you for your letter of xx/xx/2017.

I already sent the below to yourselves on xx/xx/2016 via proof of posting and since you have not bothered to acknowledge or respond in kind i am resending to reiterate my position!

First, the alleged debt is disputed with the PPC (Globe Protection) and ZZPS and any court proceedings will be vigorously defended.

Second, I was not driving the vehicle on the day in question and the keeper can only be held liable if a notice is compliant with Schedule 4 of the Protection of Freedoms Act 2012. I do not believe this is the case as the NTK fails under 9(2)(e) as it omits wording that MUST:

[FONT=&quot]9(2)(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i) to pay the unpaid parking charges...[/FONT]

[FONT=&quot]Third, the [/FONT]online photo shows a crowded, verbose sign with the parking charge in hidden small print and does not create any contract to match the NTK's 'vehicle not on the authorised list'. I have already requested proof in the form of a redacted copy of the authorised list as well as other questions to which neither ZZPS nor Globe Protection have provided any answers to date.

Many thanks

homer77

Hi, anyone have any comments on my previous post please?

Coupon-mad

Yes that's a perfectly reasonable response.

homer77

Thanks CM I'll print off and send.

I was reading over my thread and remember the letter I sent directly to the PPC, specifically the following -

I contend you have failed to establish keeper liability. So, to continue to process my data now that you have exhausted your only DVLA-allowed purpose (i.e. to invite me to name the driver, which I decline outright) would be wholly unreasonable and contrary to the Data Protection principles. To share, sell, store or process my data at all now you are aware that you have no further excuse or reasonable cause, will be data misuse and I will report you to the Information Commissioner.

I deny liability for any sum at all and you should consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.


I haven't heard anything from the PPC and it has been over 21 days since I sent that and they are obviously still misusing my data, therefore should I not be following up in some way i.e. reporting to the information commissioner as stated..? if so how do I go about doing this..?

Thanks

Umkomaas

If you now want to turn the tables you could sue them for misuse of your data under the DPA. It's not for the faint hearted or for those who think it's an easy run, assuming the forums will do most of the work - they won't. If you're prepared to put your back into this, here's some apposite blogs from the Parking Prankster to set you thinking.

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Latter part of this blog:

http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

Do a search there to get the hang of what this is all about and whether you might want to take this fight back to the PPC.

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

homer77

Hi All

So I just resent the letter as per my post #36 today and when I got home I had another letter from WH which is in fact a direct reply to my orignal letter, how annoying! Anyways, the letter isnt anything that ive seen on other posts since they have specifically replied to what I wrote; uploaded the letter here - https://postimg.org/image/8kpibvskp/

The last paragraph is concerning, and re-reading my thread this is when I then sent the IPC template directly to the PPC, however I still havent had any response from them whatsoever and dont expect to since they have fobbed it off to ZZPS and WH.

Guess I will have to now reply to this new letter with something appropriate however hoping someone can help with the type of reply please...