BW Legal "Letter Of Claim" Received

GeoStar1

I need some advice in how best to respond to a "LETTER OF CLAIM" from BW Legal relating to a "Failure to Pay" PCN.



I have read the newbies thread and several example threads.


I am planning to contest the claim and I am planning to send a SAR to the parking firm to request additional information and a separate letter to BW Legal advising them of the SAR and to request the case be put 'on hold'.


Please can someone advise me if I am taking the correct approach and suggest next steps to take.


Thanks in advance.

Redx

yes, that is correct, follow the latest advice in that NEWBIES thread and also any advice etc in the many other B W LEGAL threads on here


its a well trodden path already, well signposted, so its follow the leader

GeoStar1

Thanks for getting back to me much appreciated.

A couple of questions please, in addition to the above letters I am sending regarding SAR, should I also deny the claim in writing or is it to early? Should I ignore the BW Legal questionnaire reply form?

Many thanks

Redx

if the LOC has a 30 day notice for replying and also included the financial forms, then yes, reply with an LBC REBUTTAL


do not fill in their financial forms

GeoStar1

Thanks for your help with the previous replies.


I am planning to send the following letters (see below). Please can you let me know if I am missing any information. Regarding the rebuttal statement, should I add this to my letter to BW legal below or wait until I receive a response from the parking firm to the SAR? If I should add this to the letter, do you have any example wording for me to use please.



######################################################################################


Letter to parking firm:

<My address>

<Parking firms address>

27th November 2018


Dear Data Protection Officer

Subject Access Request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

<My address>

Please supply me the data about me that I am entitled to for free under data protection law relating to myself.

Please can you provide the following:

• all data held
• all evidence you (<name of parking firm>) intend to use against me (to include- a copy of the contract with the landowner under which you assert authority to bring a claim against me, a copy of the alleged contract with the driver, a plan showing where the signs were displayed, details of the signs displayed).
• all letters/emails sent and received (including your correspondence with the DVLA to obtain my personal details and any appeal correspondence).
• a full copy of the parking charge notice
• all photos taken
• a list of all PCNs you consider are outstanding against me
• a close up of the signage at <location> on <date>.
• evidence you have paid a debt collector
• a PDT machine record from <date>.

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully




Letter to BW Legal:

<My address>

<Solicitor address>



27th November 2018.


Dear sir or madam

With reference to your letter of claim dated <date> (<PCN/Ref>) in relation to Account Number <acc number>, I would like to advise you that I have sent your client <name of client> a SAR (Subject Access Request) and now I require a restriction of data processing and request that the case be put ‘on hold’. I confirm my correct ‘address for service’ below:

<my address>

Please can you confirm the above action has been taken.

Yours faithfully






Many thanks in advance.

Coupon-mad

Looks fine, but I would elaborate here:

• a PDT machine record from <date> which must show all payments made, and partially redacted VRNs, with sufficient information to protect full disclosure of other VRNs but enough letters or numbers to establish and identify if a payment was made.

The SAR should only be a 'letter' if their PRIVACY page gives no DPO email, as email is best.

"LETTER OF CLAIM" from BW Legal relating to a "Failure to Pay" PCN.

Which PPC?

What circumstances, was it a true failure to pay, or a wrong VRN? Or part payment?

GeoStar1

Thanks very much for your help, I’ll make the changes you kindly suggest.

The company is Countrywide Parking Management Limited. It was a true failure to pay. First time I had used the car park. I didn’t see the signs or pay machines. ANPR system clocked me on entry/exit.

Regarding the above, should I add a rebuttal statement in my email to BW legal? Or wait until I receive a reply from Countrywide?

Many thanks again.

Coupon-mad

I would wait, it can be saved for your next reply to BW Legal, when you have more info to hand.

Caustic70

Should you mention the registration number in the SAR? Similar to mine you see.

GeoStar1

Further to my previous posts, I have now emailed a SAR to Countrywide and informed BW Legal and requested a hold on the case.



Should I also send a letter to the landowner and see if they will cancel the PCN for me. I guess I am worried they may pass the information to Countrywide and it could go against me later. I would appreciate any thoughts on this.

nosferatu1001

Yes, and state that as your request contains personal data htey must not share it with their agent.