BW Legal Letter of Claim

nosferatu1001

Well the obvious step is to SAR VCS ltd
today
Do a search her e- youre looking to get ALL documents, paper or written, all photos notes on systems etc. This will include the NtK

Usually gets here in a week.
Then you will KNOW if they meet POFA or not

From memory VCS NtK *dont*/ How long ago was this?

Urb14

Okay, shall I respond to bw legal with the points you addressed above , and also SAR VCS? Or should I do one before the other?
This occurred back in May.

Urb14

Hi guys, does anyone know where I can find a template for an SAR as I'm not sure how to go about writing one. Cheers

Coupon-mad

Yes, the Legal Beagles website has one. It is hardly rocket science:

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Urb14

Thank you!!

Urb14

nosferatu1001 wrote: »

This is their template, which you shold be well aware of!

You could repsond pointing out that 1) is asserting you are the driver, yet in 2) You claim not to be purrsuing the driver. Please explain your response as it is misleading.

5) How can you assert privilege if you will be adducing it as evidence? The courts prohibit "ambushing" and given you WILL submit this as evidence later on, you have no cause to delay now. you are failing in your PAP olbigaitons.

7) You are obliged to comply with the PAP, and this is a reaosnable request. Your refusal to supply this indicates your client does not possess such a map, and will be unable to show their signage is visible.

9) Please explain how a Keeper can be liable for a £60 "instructions" fee when
a) this is expressly disallowed under the POFA Schedul4, which states a Keeper is only liable for the amount on the Notice to Keeper
and
b) This is not recoverable on the small claims track, under CPR27.14.
Please explain your statement, with reference to the applicable regulations, allowingyou to state that I am "liable" for this amount. A bald statement will be insufficient, and will reuslt in a complaint t o the SRA that you are misleading consumers.

Youve NOT TOLD US who the PPC Is! How can we help?

For example if we knew the identity of the PPC, we could tell you if their NtK complied. Did you recieve a NtK? Yes or No. We dont actually know any specifics here.

I have sent an SAR to Vehicle Control Services, should I also respond to BW legal with these points? What will happen if I just ignore their template reply?

Coupon-mad

Yes write to BW Legal and among other things, state you have sent a SAR to their clients.

Urb14

Hi guys, I sent an SAR to VCS which I have not received a response to as of yet (been 3 weeks). I also asked BW legal to put the case on hold and they responded with the following,

Please note that we are acting on Our Clients instruction to recover the above balance which remains due and owed by yourself to Our Client.

Information about the right to restrict processing is available on the ICO website. The right to restrict processing only applies in certain limited circumstances. We are not of the view that the right to restrict processing is applicable in this case. Your data is processed for the lawful purposes set out in the Privacy Notice, a copy of which is enclosed and available on bwlegal.co.uk. Whilst we acknowledge you have made a request for information with Our Client it is important to note that this does not affect the validity of Our Client's Claim meaning that Our Client has an overriding legitimate interest to recover the sums due to them.

As such, your account will not be suspended from further collections activity unless we are instructed to do so by Our Client. Please contact us to reach a suitable resolution.

We trust that this is satisfactory and clarifies Our Position. Should you be dissatisfied with our response you may raise a complaint with the Information Commissioner's Office.

Should I respond to them or just wait until the SAR data comes through?

Urb14

Urb14 wrote: »

Hi guys, I sent an SAR to VCS which I have not received a response to as of yet (been 3 weeks). I also asked BW legal to put the case on hold and they responded with the following,

Please note that we are acting on Our Clients instruction to recover the above balance which remains due and owed by yourself to Our Client.

Information about the right to restrict processing is available on the ICO website. The right to restrict processing only applies in certain limited circumstances. We are not of the view that the right to restrict processing is applicable in this case. Your data is processed for the lawful purposes set out in the Privacy Notice, a copy of which is enclosed and available on bwlegal.co.uk. Whilst we acknowledge you have made a request for information with Our Client it is important to note that this does not affect the validity of Our Client's Claim meaning that Our Client has an overriding legitimate interest to recover the sums due to them.

As such, your account will not be suspended from further collections activity unless we are instructed to do so by Our Client. Please contact us to reach a suitable resolution.

We trust that this is satisfactory and clarifies Our Position. Should you be dissatisfied with our response you may raise a complaint with the Information Commissioner's Office.

Should I respond to them or just wait until the SAR data comes through?

It's been nearly a month since I sent the SAR aswell

Redx

I hope that the SAR,s were done by email to their DPO direct ?


if so, wait until its "timed out", then complain to that same DPO and threaten to report them to the ICO


SOMETIMES WAITING LONGER HELPS TO SHOW NON-COMPLIANCE and strengthens your case