BW Legal Letter of Claim

Coupon-mad

So it would have been better not to pay anything then!

I said that to my DS just now, as I pointed out to him that we know this place and he asked me what the defence would be. And I remarked you would have been better off if you had paid nothing and could argue the signs were unclear/nowhere near the space parked in.

However it is a multi storey and you would expect to pay a tariff in an NCP car park. I don't use them, ever. Always look on street first, there's usually somewhere (even in notorious car hating places like Oxford, Cambridge and Brighton; I always park on street in all those cities).

jtotheb

Thanks for the advice. What are the next steps then? Go back with another letter in response or await their claim and go from there?

jtotheb

IamEmanresu wrote: »

Also complain about the collection of unnecessary personal details such as DoB and Contact number

So, I'm issuing a complaint to the ICO about the data breach by BW Legal and I've drafted the following. Any comments? This is my response under the question "What would you like the ICO to do?":


I'd like ICO to issue BW Legal with a fine for this breach. Given the automated nature of the email, I would suggest that this breach was as a result of a data processing error and was not isolated. I believe it is highly likely that BW Legal have also passed my personal information on to another party (however I have no evidence of that). Subsequently, I would request that the ICO put BW Legal to account and explain the extent of this error, whether other people's data has also been shared and what steps they have put in place to rectify this.

I also understand that under Article 33 of the GDPR regulations, the data controller (presumably BW Legal have one) have to notify the appropriate supervisory authority within 72 hours of becoming aware of that breach. On the assumption that my letter was received by them on say, 7th July, then they should have carried out that notification by 10th July. Perhaps the ICO can check on this for me please.

System

The data controller is actually NCP and BW Legal are their agents. NCP is responsible for the activities of their agents in regards to your data so BW asking for additional information is because NCP are not controlling BW.

So make the complaint about both.

ocean88

Put the letter in the bin that's what it deserves. Nothing will happen in my experience.

Le_Kirk

ocean88 wrote: »

Put the letter in the bin that's what it deserves. Nothing will happen in my experience.

I disagree, you should file it away JUST in case anyone tries any action further down the line. You have a record of contact, harassment etc. If you throw it away, then perhaps in 3, 4, 5 or more years time there will be a thread on here saying I have received court papers and I now nothing about the original reason for this.

Umkomaas

Le_Kirk wrote: »

I disagree, you should file it away JUST in case anyone tries any action further down the line. You have a record of contact, harassment etc. If you throw it away, then perhaps in 3, 4, 5 or more years time there will be a thread on here saying I have received court papers and I now nothing about the original reason for this.

Exactly. Ocean88 is hitting numerous threads this morning with this I'll-considered advice.

Put the letter in the bin that's what it deserves. Nothing will happen in my experience.

That's his experience, which I would hazard a guess as being nowhere near the experience of regular advisers on this forum!

ocean88

Yes correct when dealing with NCP and two debt agencies. However I cannot advise on other situations.
You take your own risks.

System

You take your own risks

Please explain what you mean by a "risk" in protecting your personal data.

jtotheb

I don't see that I have any 'risk' here!