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

zhonguonuren

Just for completeness,  I usually then follow up with

Dear Sir/Madam

I am very disappointed not to have received a response to my letter dated xxx (copy enclosed).  

Unfortunately, if payment is not received within 7 days I will have no alternative but to commence legal proceedings without further notice to you.  

Yours F

 You don’t have to take action straight away - you can wait til you have time.  

I always tick the DQ box for mediation in this scenario - and if parking company/other sued party agrees to it, it means they HAVE to offer something - and you have to be prepared to accept a bit less - £299 (kidding!).  

Telephone mediation is great here in my opinion (not to be confused with defending a PCN - I would never accept that).  

I sit in my kitchen, drinking coffee and use it as practice for the court hearing.  Quite often I get the full amount at mediation.  I am pretty strong though and would not let the mediator intimidate me. You can elect someone to speak for you but they must have your authority to take the final decision - obviously you can be sat there at the same time.  

The case then proceeds to court if the parties do not agree and you have a fair idea of the defence.  

69jase

Many thanks.

zhonguonuren ... many thanks for the very useful starter for 10. My apologies, but for the want of sounding a little stupid, can I ask for my own clarity in assisting me reworking the Letter Before Action:

• Is the Letter Before Action being served on the car parking company or their legal representative, who recently sent the email to request payment of the debt their client had discontinued claim of?

• Are we saying that the breach of GDPR referred to in the Letter Before Action relates to 1. the issuing of the PCN, taking the claim to the county court and the order being struck out leading to the Notice of Discontinuance for all of the claim and/or 2. receiving the recent email correspondence from the car parking company's legal representative following the Notice of Discontinuance for the claim?

• In relation to saying a bit about why it was discontinued, would making reference to the General Form of Judgement or Order from my local County Court that "IT IS ORDERED THAT 1) The particulars of Claim do not comply with CPR 16.4(1)a and are by this order struck out.", be sufficient - assuming further background leading to the discontinuing of the claim is not necessary?

• Would it be within the Letter Before Action that I would also require the car parking company/their legal representative to erase my personal data in line with the requirements of GDPR?

zhonguonuren

Just checking I have understood.  KPT issued the PCN on site.  When you emailed, at that stage did it have your address? (I was assuming - maybe wrongly that it did not).
 If KBT did not have your address and had to apply to the DVLA for your personal details and their case had no merit, that is breach of GDPR (1) and I would word the letter (to KBT) along the lines of what I said previously, adding in that it also breached GDPR (2) and more seriously by passing your personal data to the legal rep who harassed you.
 Add in all your bullet point 3.  

I would add about erasing your data - although be aware that the DVLA criteria does state that parking operators must keep hard copies for 2 years - not copies of everything but enough detail for the DVLA to check in the event of a complaint (which I hope you are going to make 😊)
I would keep it fairly simple because they aren’t going to pay up whatever you write.  Then send the follow up letter. 

 If you want to start the process (and no rush - hit them with it in a few months’ time when they think they are in the clear), you will need to do a particulars of claim.  This is also quite straightforward.  

Please don’t worry too much - it’s much easier doing the suing than the defending!

zhonguonuren

complaintsteam@dvla.gsi.gov.uk

Just to be helpful! 

Having caused Kernow Parking Solutions hours of grief, I am now looking into this company.  

D_P_Dance

some reading

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

69jase

Many thanks.

Yes I received the PCN on site at Sennen Cove Beach car park for not displaying a valid ticket. After I emailed KBT to explain the situation (on the advice of the Parking Officer on site), KBT said I would need to appeal, which I did. At that stage they did had none of my personal data. My inital appeal was submitted without any other personal details other than an email address, and KBT responded stating that I would need to confirm my name, address and that I was the driver of the vehicle before they could consider my appeal. So they did not apply to DVLA for my personal details. I am assuming this does change anything in that although I passed my personal details to KBT as they requested, as you say, they then passed on my details to their legal representatives for a claim without merit?

Indeed my intention is to submit complaints to the SRA, Action Fraud, the Judge at my local court, and Trading Standards for what can be considered unscrupulous behaviour in attempting to extort money not owed, breaching DPA 2018 (GDPR) and SRA principles, and continued harassment?

I have reworked my inital drafted complaint following recent discussin, e.g. the claim being struck out, etc. and intend to send them by email ASAP.

I am also working on reworking the LBC, again taking into account recent advice.

Re: Complaint of unscrupulous behaviour by BW Legal

To Whom It May Concern,

I am writing to bring to your attention what can be considered unscrupulous behaviour of attempting to extort money not owed, breaching DPA 2018 (GDPR) and SRA principles, and continued harassment by BW Legal.

BW Legal was acting on behalf of their client KBT Cornwall Ltd t/a Armtrac Security Services having issuing me with a Parking Charge Notice (PCN) on private land on 13th September, 2018. Having disputed the PCN, had my appeal to the client rejected, written letters of complaint to bring being the victim of the widely publicised private car park scamming practice to the attention of both the landowner and my local MP, BW Legal continued to harass me for over a year. This caused my family and I undue anxiety and distress, including taking a significant amount of my time to research preious cases in order to defend my dispute of the PCN. In May 2019, I received a County Court Claim. and following the receipt of a General Form of Judgement in September 2019, which struck out the claim on the basis that the particulars did not comply with CPR 16.4(1)a, I received a correspondence from BW Legal in October 2019, enclosing by way of service their client’s Notice of Discontinuance; a copy having also been filed at court.

Although BW Legal had been instructed by their client to file and serve a notice of discontinuance, to my surprise, I received the attached email on the 30th March 2020, whereby BW Legal appears to be once again harassing me by attempting to extort money not owed.

Yours Sincerely,

nosferatu1001

Lead with the provblem, not the background. Active voice, not passive. 
State clearly they are threatening court action in an attempt to obtain money by deception, for a cout claim they themselves discontinued after the claim was struck out (which is weird - they dont need to discontinue, the court did it for them!) , and are committing offences under section 2 of the fraud act 2006, offences under the data protection act 2018 ....

zhonguonuren

I would leave the judge out of it.  You are like me, complaining to everyone - I don’t blame you but you can come across as vexatious.  

The breach then would be in respect of passing your details on to the legal company. 

Please do complain on the IPC Portal -( I don’t mean to the IAS as Mr H says he does not see them) for the attention of Mr Will Hurley.  I thought it was a waste of time previously but have had it from Mr Hurley himself that on receipt of complaints he will investigate or face a claim for negligence - and I will be monitoring that.  

D_P_Dance

Also worth a complaint to Trading Standards imo.  

nosferatu1001

Yep. misleading and aggressive business practices. At a minimum.