Entered Wrong reg on App. messed up my appeal now.

Jamesrb

KeithP wrote: »

If that's a real account number in your post, then please remove it.

It's enough to identify you and your incident to the PPC.
All the precise dates and times only confirm that.

PPCs do read this forum and can use your posts against you.

Didn't realise that, thanks for the tip off. edited original post.

KeithP

Jamesrb wrote: »

'Dear Sirs' ? can that not offend these days?

No, you are writing to a corporate body not a person.

Coupon-mad

Dear Sirs is accepted as the formal address for a firm of solicitors, etc.

Jamesrb

Does the letter seem ok? Should I add/remove anything? Thanks

Jamesrb

Any advice please anyone? Hoping to get the letter sent out today. Thanks

Jamesrb

Ive gone through the letter again and made some amendments. If any of the experts could please have a read through (and anyone else with experience on the subject for that matter) and let me know if you think it is what is required then please let me know. I have limited access to a computer and printer so need to get this written up and printed off in time to post it off and email it today.
Letter is:


BW Legal,


Enterprise House,


Apex View,


Leeds,


West Yorkshire


LS119BH


Account Number: xxxxxx





Dear Sirs,


I am in receipt of your letter of claim dated 28 August 2018.


Before I can take this matter any further I require a SAR, Subject Access Request including the following from you and your client:

• Copies of all letters claimed to have been sent to me by yourself and your Client
• Copies of all photographic evidence of the incident in question
• Copies of all other evidence surrounding this matter that you have.
• I require all details of personal data that you have on me.

I also require a full explanation as to how you obtained my personal mobile phone number and explain that why despite me telling one of your employees on my very first phone call I received from you at xxxx on xxth August where I stated that I wasn’t prepared to supply any personal details over the phone to an unknown caller I have been called on the following days and at the following times:


xx/08/18 – xxx


xx/08/18 – xxx


xx/08/18 – xx


xx/08/18 – xxxx


xx/09/18 – xxx


xx/09/18 –xxxx


This volume of calls is harassment.


Most importantly I require detail as to why this case is being pursued against me when you have been supplied with full evidence from myself that I paid the correct amount to stay at the car park for the duration that I was there on the date in question. Your client reduced the debt to £20 after I explained the detail surrounding the ticket which was more conducive with the actual costs incurred by your client, yet have now increased it again to a 3 figure sum despite this having no legitimate interest, and despite the fact that parking operators cannot simply 'punish' mistakes and profit from them, because - as was clearly established in the entirely different 'ParkingEye v Beavis' case - that would fall foul of the penalty rule


It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.


If you do not normally deal with these requests, please pass this letter to your DataProtection Officer, or relevant staff member.





I await your response.





Yours Faithfully





Jxxxx xxxx

nosferatu1001

Mobile phone - utterly irrelevant. Its trivial to obtain
Dont ask for evidnce. Use "documents" or something similar.

Dont rebut a LBA with a combined SAR. Two docs, one rebuttal to LBA one the SAR.

Jamesrb

Thanks nosferatu, much appreciated.
So i’ll seperate the SAR detail into a seperate letter which I can then send to Brittania as well and then leave the detail questioning/challenging their claim as a seperate letter and send them that also, I need to ask in there as well as to how the have calculated the £160 charge don’t I. Thinking I should leave the volume of contact I’ve had though should I to reflect the harassment or is that not relevant?
Will emailing them be an accepted form of contact or does it have to be in writing? Don’t know if I’m going to be able to get all this done in time to get it printed off.

Coupon-mad

Thinking I should leave the volume of contact I've had though should I to reflect the harassment or is that not relevant?

Yes definitely leave it in and mention it in your defence later. A Judge might consider that level of phone calls to be harassment, or at the very least it paints a picture of you being hounded.

Jamesrb

So I have tried to amend my letter by removing the detail that I will send separately in the SAR. not sure if there is anything else I need to cover in this letter. As always, any help is massively appreciated.
Thanks


Dear Sirs,
I am in receipt of your ‘letter of claim’ dated 28 August 2018 and this is my formal response.
I want you to explain to me why, despite me telling one of your employees on my very first phone call I received from you at xx on xxth August, where I stated that I wasn’t prepared to supply any personal details over the phone to an unknown caller so to cease and desist, I have been called on the following days and at the following times:
x/08/18 – x
x/08/18 – x
x/08/18 – x
x/08/18 – x
x/09/18 – x
x/09/18 – x
And text messages on:
x/08 – x
x/09 – x
This volume of calls and contact is harassment and is causing me distress.
Most importantly I require detail as to why this case is being pursued against me when you have been supplied with full evidence from myself that I paid the correct amount to stay at the car park for the duration that I was there on the date in question.
Your client reduced the debt to £20 after I explained the detail surrounding the ticket which was more conducive with the actual costs incurred by your client, yet have now increased it again to a 3 figure sum despite this having no legitimate interest, and despite the fact that parking operators cannot simply 'punish' mistakes and profit from them, because - as was clearly established in the entirely different 'ParkingEye v Beavis' case - that would fall foul of the penalty rule.
I now need for you to show me a full breakdown of how this charge has been calculated at £160 when it was previously stated to me that the ticketing cost was £20. I require a copy of the signage terms at the location in question and further proof is required that such additions were prominently displayed on the signs at the car park in question in large lettering.
I remind you of the overriding objective at this stage, to stock-take and review our respective positions, following the Practice Direction by exchanging information to see if proceedings can be avoided and to - at least - narrow the issues.
I expect to hear from you within 14 days to confirm that the charge is cancelled, or at the very least that your client is urgently reviewing the matter

I await your response.

Yours Faithfully

J