BW Legal - Final Notice - Transfer of ticket

Fruitcake

Note that asking you for proof of ID does not stop the clock, and the original 30 day response period still stands.

In any case, the ICO have said it should not be necessary to ask for additional proof if the scammers already have a continuing relationship.
They have sent a PCN/NTK to the keeper. The keeper with the same name and address as the PCN has responded.
The scammers have furthered their relationship with the keeper by issuing a LBC.

I suggest you complain to the ICO that the scammers are stalling and being unreasonable.

The ICO say the PPC's cannot extend the deadline if all they are asking is further proof of ID.

Can we extend the time for a response?
You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if:

it is manifestly unfounded or excessive;
an exemption applies; or
you are requesting proof of identity before considering the request."

The ICO have also said that asking for photo ID is unreasonable as they have nothing to compare it with.

The ICO website says this: To avoid personal data about one individual being sent to another,
either accidentally or as a result of deception, you need to be
satisfied that you know the identity of the requester. You can ask
for enough information to judge whether the person making the
request is the individual to whom the personal data relates (or a
person authorised to make a SAR on their behalf).
The key point is that you must be reasonable about what you ask
for. You should not request a lot more information if the identity of
the person making the request is obvious to you. This is particularly
the case when you have an ongoing relationship with the individual.

In my opinion, sending a copy of the V5 with the name and address, and PCN number would constitute proof of ID, and also constitutes an ongoing relationship.

iamagoodperson

So forgetting about the SAR for a moment and getting back to the letter of claim and I have read the newbie section but it's a little unclear, am unsure what I have to do as I have been told not to fill in the forms that BW Legal supplied, which is fine. Do I just write to them explaining that I do not own the fine and explain why. Is this the next step.

Thanks

iamagoodperson

Of course I will complain to the ICO as well, but I am just a bit confused what to do next as there is a bit of a gap on the newbie page it goes from getting the SAR to the Money claim online responding to a summons but I am not at that stage yet.

I received a Letter of claim, I have been told not to fill in the forms that BW Legal supplied, which is fine. Do I just write to them explaining that I do not own the fine and explain why. Is this the next step. Time to ticking on and what to do the right thing.

Thanks

iamagoodperson

I think I found my answer, I have received a letter of claim but I think people still class this as a debt recovery letter and I don't want to jump the gun to much as I read on another case on the newbie page unless it's a claim from a court it's a similar response on Palec post.

What my reply will consist of.
You have now sent a Letter of Claim. However, your letter contains insufficient detail of the claim and fails to provide the photographic evidence. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence. My answer to your forms is (D) I do not owe this debt and I can not response properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Thankyou,

KeithP

iamagoodperson wrote: »

I received a Letter of claim, I have been told not to fill in the forms that BW Legal supplied, which is fine. Do I just write to them explaining that I do not own the fine and explain why.

Yes, that's about it, but it is not a fine.