No PCN Served - BW Legal instructed to collect - help please

Coupon-mad

Looks like a 'standard SAR reply template' to me.

Pando

Thank you Coupon-Mad, even though its a template, it does answer the SAR questions, it was sent alongside another PDF containing all the evidence I asked for.

I can't see any problems with the photos they have sent of the signage, the lettering is large enough, the car was snapped from multiple angles showing it was clearly parked in a bay.

I have checked the AOS list and cannot see Napier parking on the list, however :-
https://www.britishparking.co.uk/BPA-Approved-Operators
therefore I am assuming they are not allowed to request and use data from the DVLA. I believe I will base my response on this. Anyone any thoughts or tidbits before I commit to this course?

Redx

you assume wrong

check the IPC AOS list

Coupon-mad

Napier jumped from the BPA to the IPC ages ago. Of course they can get DVLA data.

Pando

Ok thank you for that, so they are accredited. They have valid evidence, they don't seem to be sharing my data outside of the EU and neither they or their partners are using it for anything other than the purpose of following up on claims as is their business.
I feel like the only thing I can do now is wait for a letter before claim to come in.

Pando

So here we are, 8 months of silence after my last responses and they are now finally issuing a letter of claim.

https://www.dropbox.com/s/ke7qyr9xz37kfo3/20200202_173131.jpg?dl=0

2 Questions guys,
1. What response should I send?
2. Has the situation changed with IPC i.e. do we have any indication the the courts view on parking fines changed at all recently? I'm a bit suspicious as to why bwlegal has chosen to bring this one up again after the dust had settled for 8 months already.

Any advise very much welcome guys

Umkomaas

1. What response should I send?

Deny any debt and require them to stop processing your data as you are seeking debt advice. Send a SAR to the PPC. All contained in the NEWBIES FAQ sticky, post #2 which, from here on in, must be your bible with all questions you are likely to raise contained in it.

2. Has the situation changed with IPC i.e. do we have any indication the the courts view on parking fines changed at all recently? I'm a bit suspicious as to why bwlegal has chosen to bring this one up again after the dust had settled for 8 months already.

We only see the tip of the iceberg in terms of private parking court cases, so we have nowhere near enough data from across the piece to give you the definitive answer I suspect you are seeking. But you do need to read beamerguy's Abuse of Process thread which indicates that in some cases Judges are hitting the likes of BWL hard on the additional costs (beyond the initial £100 charge) they are trying to claim.

Pando

Thank you Umkomaas, I read up on the abuse of process thread and was happy to see the latest example was a case going against BWL specifically.
I have since sent a long winded response to them which I will not put on here but can PM if you want to see it.

I believe they are just fishing and have no intention of pushing through to court but if they do I will follow through and make sure it costs them more than they gain.

At this point its not about the money but the principle, fed up of these a-holes thinking they can push their weight around wasting everyone's time and resources with their pseudo legal pea-cocking.

nosferatu1001

BW get paid either way, so I wouldnt suggest you think they wont "push to court"