BW Legal Claim Form

Sequoia1

Hi, I would like a little advice please. I’ve read several posts on the Newbies faq and not quite sure which is the best way to go.
In 2016 I received a PCN from Parking Awareness Services, I am the registered keeper and not the only driver of the car and this was over 2 years ago and I can’t remember who was driving then. Like a lot off people I ignored the letters from them, then got letters from Vanquish and then Debt Logic, I noted the same guy and address. The debt was for £100 which increased to £160, this was then sent to BW Legal and has now increased to £253.28 with interest, court fees and solicitor costs. I have now received a claim form from Northampton County Court business centre issue date 27/09/18 probably shouldn’t have ignored this issue. I have registered an AOS on the 1/10/18 to give myself more time to prepare my defence.
I have been to the said car park and taken photos of signs and P&D ticket machine, there isn’t a ANPR camera that I could see. I checked the photos of the car which are very dark that were given by Parking Awareness Services these look to have been taken by a person from different views of the car and the displayed ticket which shows the PCN was given 12 mins after the ticket expired. There is no photo of the registration of the car which must have been noted by the person taking photos. How do I know that this is my car?
So my question is what is the best way to defend this.
Do I need to request a Sar from PAS
Also just to note PAS don’t give any details of the contract with the landowner due to Data protection! What about GDPR and my information being passed all over.
I would be most grateful for any help you can give me.
Thanks for reading.

Redx

yes do the SAR from PAS

dont worry about GDPR for now

concentrate on issuing the SAR and then draft a defence, by looking at the examples in post #2 of that NEWBIES sticky thread, plus read any 2018 post by member BARGEPOLE (and/or LOC123 and Coupon-mad etc, so any regular and knowledgable member)

post your draft defence below for critique

Sequoia1

I have tried to send a SAR request to Parking Awareness Services and their email is invalid, who should I send this to now, BW Legal.

Redx

PAS should have a DPO under the new GDPR , THEIR SITE LISTS data@parkingawareness.co.uk under the old DPA, IS THIS THE EMAIL YOU TRIED ?


IF IT IS , print the SAR, SIGN & DATE IT and POST IT WITH A FREE CERTIFICATE OF POSTING TO THEIR POSTAL ADDRESS


also keep a copy for your records and pin the cert of posting to the copy, keeping it safe


also check the GDPR FIGHTBACK thread 2018 by coupon_mad in case somebody has posted the dpo address

Sequoia1

Thanks Redx , no it was a different one. I’ve sent it again and it went ok interestingly they have changed address again.

Redx

if this works, I suggest you add the correct email and postal details to the GDPR thread by CM

Coupon-mad

What are the EXACT words (minus your VRN) under Particulars of Claim? All words.

I checked the photos of the car which are very dark that were given by Parking Awareness Services these look to have been taken by a person from different views of the car and the displayed ticket which shows the PCN was given 12 mins after the ticket expired. There is no photo of the registration of the car which must have been noted by the person taking photos. How do I know that this is my car?

Good point, and PPCs are required to take a photo including the VRN, so it will be interesting to see the SAR.

But don't wait for it, you will need to crack on with reading other defences, try searching the forum for the keywords PAS BW Legal claim as there's at least one more like this here right now.

And look at the example defences I've updated as links in the NEWBIES thread.

Sequoia1

The claimant’s claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect in respect of a Parking Charge Notice (PCN) issued on ******(issue date) at *******at **car park *** The PCN relates to *** under registration ***** The terms of the PCN allowed the Defendant 28 days from the issue date to pay the PCN, but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability.
The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from *********to *********being an amount of £18.74.
The Claimant also claims £60.00 contractual costs pursuant to the PCN Terms and Conditions.

This is signed by BW Legal Services Ltd. no actual signature

beamerguy

Sequoia1 wrote: »

The Claimant also claims £60.00 contractual costs pursuant to the PCN Terms and Conditions.

This is signed by BW Legal Services Ltd. no actual signature

WHAT TERMS AND CONDITIONS ON THE PCN ????

The PCN is after the event and there is no contract.
The only contract is when you entered the car park
and unless the signs mention this which is clearly
shown, you must assume that BWLegal are attempting
to extort money from you

It's another BWLegal wheeze, one moment it's an
admin fee, then contractual ???
What they are trying to add is the £60 fake debt
collector fees

A point a judge will be very interested in

Coupon-mad

The POC are so sparse they don't even say:

- what evidence they have that this car was even there
- what the terms on signs even were
- how the signs appeared in the dark that night
- what the alleged breach was, and how the parking event was timed/evidenced
- how come they consider you liable (identified as driver? registered keeper?)
- whether they re relying on the POFA
- why they waited nearly 3 years to bring this to court and why they believe their own negligence and delay should earn a Claimant 8% interest, to the imbalance of a consumer's rights and interests.

Anyway, you will need to work the above into a defence, so AFTER you've done the easy thing and sent the SAR to the Parking firm, you will need to crack on with reading other defences, try searching the forum for the keywords PAS BW Legal claim as there's at least one more like this here right now.

And look at the example defences I've updated as links in the NEWBIES thread.

Sequoia1

Thanks to you all for your responses, it’s much appreciated.