Penalty Charge Notice issued at Sennen Cove Beach car park for not displaying a valid ticket

Umkomaas

Can you direct me to some text/wording/template that would assist me turning my initial draft response into a LBA?

There are template LBA's all over Google. There's a link there to one from the CAB. Make sure the template fits with the Pre-Action Protocol for Debt Claims (PaP) and you include with your LBA (more commonly now called 'Letter of Claim) the items listed in the PaP. 

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

D_P_Dance

https://nortonsafe.search.ask.com/web?q=letter%20before%20action%20&ssdcat=321&installsource=nag&source=nag&year=2015&locale=en_gb&geo=gb&version=22.19.9.63&cipherid=0&templatecat=sbu_w_29500_5412_21369175_ns_oem&schemacat=sbu_w&schemaver=1.0.0.0&olpchannel=limited_oem&osvers=10.0&oslocale=iso:gbr&oslang=iso:eng&os=windows&showuninstallsurvey=1&installstatus=updated&vendor=none&vendorsrc=chrome&machinelocation=242&cdest=nag&cmpgn=nov19&o=APN12175&prt=ngc&ver=3.11.3.7&tpr=111&chn=29500&guid=743cfd45-ec5c-4c5b-a851-fc3642bace5c&doi=2020-02-08&ctype=

Umkomaas

D_P_Dance said:

https://search.norton.com/?ssdcat=321&installsource=nag&source=nag&year=2015&locale=en_gb&geo=gb&version=22.19.9.63&cipherid=0&templatecat=sbu_w_29500_5412_21369175_ns_oem&schemacat=sbu_w&schemaver=1.0.0.0&olpchannel=limited_oem&osvers=10.0&oslocale=iso:gbr&oslang=iso:eng&os=windows&showuninstallsurvey=1&installstatus=updated&vendor=none&vendorsrc=chrome&machinelocation=242&cdest=nag&cmpgn=nov19&o=APN12175&prt=ngc&ver=3.11.3.7&tpr=111&chn=29500&guid=743cfd45-ec5c-4c5b-a851-fc3642bace5c&doi=2020-02-08

That's some link DPD - to get to nowhere! 🤷‍♂️

D_P_Dance

Now try it.

Le_Kirk

D_P_Dance said:

Now try it.

Or, you could make LINKS ===<<<< like this using the link icon above (it looks like a couple of chain links)

69jase

First attempt of drafting a LBA ...

BW Legal

*****

*****

*****

LETTER BEFORE ACTION

Re: Breach of the DPA2018 (GDPR) and Harassment

To Whom It May Concern,

I am writing in response to your recent email on the 30th March, 2020.

I bring to you your attention the attached correspondence dated 1st October 2019, in which you enclosed by way of service your client’s (KBT Cornwall Ltd t/a Armtrac Security Services) Notice of Discontinuance (of all of the claim) and informing me that a copy had also been filed at court. Having been instructed by your client to file and serve a notice of discontinuance, I consider your recent correspondence and behaviour to be unscrupulous in attempting to extort money not owed, breaching DPA 2018 (GDPR) and SRA principles, and continued harassment.

I am requesting that you either cease and desist; confirming with a full written apology, or issue a claim. However, should you issue a claim, I am 100% confident of success in court and at which I will counterclaim for punitive costs based on your/your client's wholly unreasonable behaviour. This behaviour has been reported to the SRA, Action Fraud, the Judge at my local court, and Trading Standards. Furthermore, in line with GDPR 2018 and your organisation continuing to hold personal information on me when it is no longer needed and this now being used unlawfully, I request that you erase all my personal information and also confirm this in writing.

I would like a reply as soon as possible to acknowledge your receipt of this letter. If you do not agree to cease and desist, I request that you send me a detailed response saying why you do not agree. 

If I do not receive a satisfactory response from you within 14 days of the date of this email, I intend to issue proceedings against you in the County Court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to hearing from you.

Yours faithfully

Coupon-mad

Hmmm, it needs a lot of work and less in it. 
You should be saying how much you are seeking and why, and not talking about other issues.

D_P_Dance

Far too polite, "I would like"  and "i am requesting" should be  "I require" or "you must".  or similar.    

Umkomaas

I think adding 'harassment' into the mix cranks the bar up higher and may scupper the boat. I haven't read all the way back through the thread, but was there any over-zealous harassment outside of the nasty, but usual crap thrown at BWL victims?  I think I'd stick with a simple, single point breach of the GDPR.  But I'm not the expert, so see what others say. 

zhonguonuren

D_P_Dance said:

Far too polite, "I would like"  and "i am requesting" should be  "I require" or "you must".  or similar.    

I respectfully disagree.  If it’s the court I think it is I am there quite a lot.  I think a polite letter, bearing in mind if it progresses the judge will see it (and you must not be seen as vexatious) saying something to the parking company like

Dear Sirs 
I refer to the Notice of Discontinuance in respect of Claim Number (          ). 

 Say a bit about why it was discontinued .... no merit etc
This was a breach of GDPR and caused me and my family a lot of anxiety and distress.  

I spent several hours reading up on other cases and preparing my defence for the court hearing that I think it is very reasonable to request the sum of £300 to be paid  (I usually give my bank account details - some readers may warn against this) within 14 days.  

You could then serve a moneyclaimonline  for £25.  if it comes to that, and it probably will, I can help.

I would save all the legal jargon for the witness statement.  Remember you are a lay person (which can prove very useful!)
Just my opinion, interested to know what others think.  Zhong