Advice on how to tackle

FloKane

Sure thing thanks Quentin, and for pointing me to exactly the right place.

FloKane

Just an update, I had a missed call this morning, googled the number and it was BW...

Quentin

Block it now!

FloKane

Hi all


I received an email this week, bit odd, almost sounds like they've gone back to the beginning of the process? Would like to know your thoughts.
I'll copy the two key paragraphs below, other than that there is a large bit about CCJs and then a bit about making payment.
I understand it's not a letter before claim




Further to our letter dated 11 August 2018 ("the First Letter") where we advised you that we are instructed by Our Client to recover the Balance in respect of the PCN. In the First Letter we requested that you either pay the Balance Due in full or provide detailed grounds for disputing the PCN, by the 27 August 2018 . We are yet to receive a payment and/or a response to the First Letter.
Our Client now requires full payment of the Balance Due within 16 days from the date of this email, this date being, 29 September 2018 , failing which Our Client may instructed us to commence County Court proceedings against you for recovery of the Balance Due, which may result in you receiving a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules (CPR). For the avoidance of doubt the Balance Due relates to the £70.00 parking charge and the £54.00 for Our Client's initial legal fees, which were detailed in the car park terms and conditions.

KeithP

FloKane wrote: »

I understand it's not a letter before claim.

You haven't said who sent it, but it looks like a debt collector's letter to me.

As I said a month ago:

KeithP wrote: »

...just file it and wait patiently for a Letter of Claim or official court correspondence.

FloKane

Hi the email is from BW Legal but yeah I remember your instructions. I was just a bit puzzled as to why they are referring to 'first' letter. Cheers for the reply

Coupon-mad

''which may result in you receiving a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules (CPR)''

OK, so come back when that inevitably arrives.

But for now, for various reasons, I would send a SAR to Total Parking Solutions (not BW Legal) addressed 'FTAO: THE DATA PROTECTION OFFICER'

...asking for copies of all letters they say were sent, and all photos and evidence, all file notes, status updates for the case, emails and any communications between them and their debt collectors and their solicitors about you and your VRN, including any payments they made to debt firms or solicitors in relation to your case.

Also refer to Articles 16, 18 and 19 of the GDPR, and your 'right to rectification' and your right to 'restriction of data processing' during rectification, and ask the DPO at TPS to note that they MUST now restrict processing of your data (and BW Legal must stop processing it) whilst TPS investigate and amend the inaccurate data of your old address to your new address, and confirm it is done*

Don't send it recorded, please.

Go to the PO counter & get a free certificate of posting.

SARs are explained on umpteen threads, with examples, so search if you are stumped, and copy one from this forum (not a generic SAR). IamEmanresu already told you about what a SAR is, and that your last letter should have been treated as a SAR really, but this time go for the above direct to TPS, to force their DPO to faff about and confirm loads of detail/pictures for you that will help later if a claim arrives, as well as confirming that the address (remind them of the new address of course) has been updated, too.*





* I know BW Legal used your new address already, so you might assume TPS already have rectified their data held...I know. There is a reason why I am suggesting the above tactic.

FloKane

Hi COupon-Mad and everyone


I have been meaning to write for some weeks but have not been able to log on (tried to change my password, that didn't seem to work, think I was overlapping sign ins and locking myself, god knows but finally im back now).


I have so far not received anything definitive from BW. Loads of phone calls/voicemails, all an automated message saying nothing specific just that they want to speak with me. I did save them all at first but then my phone broke for about 3 weeks so I lost some.
More recently I received an email letter, not an LBC just saying they are trying to contact me.


So I continue to wait.


I just wanted to say thanks to you mainly

Quentin

Block their calls!

FloKane

https://postimg.cc/gallery/266he8igk/

Hello there, I'm back

I have always had in the back of my mind to come on here to thank y'all and see if I can help anyone else but up til Tuesday I have been fully focussed on finishing my degree which I was doing around work and that's about all my time management skills could handle.

However, a couple weeks before my uni work was due to finish I received a letter from BW Legal. Yes, it’s still going on although this is the first postal letter they have sent in a year ... they have left me automated voicemails on a regular basis but it's non-specific and says the same thing each time 'log online to manage your account'

This letter I have received has confused me because it seems like we've gone back to the beginning again (to recap, I was issued a legal PCN but moved house the week they parking company sent it so I never received it, first thing I knew about it was when BW Legal wrote to me saying I owed £124 for ignoring it, when I eventually got them to send me a copy of the original PCN I do not deny I overstayed and would pay the original fine but they won’t let me do that and want the fees etc). I have taken all your advice on board before and followed all the instructions, based on this letter I’ve received (attached) do I now need to do it all again?

I hope this link will show you the letter https://postimg.cc/gallery/266he8igk/