BW Legal "Letter Of Claim" Received

GeoStar1

After 6 months I have finally received my SAR response from Countrywide Parking Management but they have refused/ignored some of the items I have requested. I have sent them another email chasing this information (copying in the ICO case officer who has been helping me). Countrywide have now responded today with the following by email:


"
The further information you have requested does not form part of a Subject Data Request and therefore was not provided to you.

• all evidence you (Countrywide Parking Management Limited) 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).

• Due to commercially sensitive information, we are unable to provide you with a copy of the landowner agreement. This will be presented at court, should the case escalate to this stage.

• all letters/emails sent and received (including your correspondence with the DVLA to obtain my personal details and any appeal correspondence).

• We have provided you with all the letter correspondence we have stored for you, the only other email trail that we hold for your email address is this one. Should you have any further email address that you have contacted us one, please could you provide these?

• a close-up of the signage at 66 Onslow Road, SO14 0JN on the <date>.

• evidence you have paid a debt collector

• We are not obliged to provide you with this information.

• a PDT machine record from 12th April 2018 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.

• We are not obliged to provide you with this information, however, this will be presented at court, should the case escalate to this stage.

We are satisfied that we have provided you with a Subject Data Request including all of the PERSONAL information we hold for you and therefore, please be advised, any further correspondence relating to this Parking Charge must be through our Solicitors BW Legal.
"


Please can anyone advise me if I can take any further action to obtain the information requested. I.e. can the ICO help?


Many thanks.

Coupon-mad

66 Onslow Road, SO14 0JN

Oh good, are you in the Southampton area where some good Judges are?!

You can't get 'non personal' data as part of a SAR. The signs are not your personal data, and they PPC will NOT divulge the landowner contract until later in the court stages.

GeoStar1

Hi Coupon,


Thanks for the reply. Yes I'm in Southampton. So the judges are good, anti PPC?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/6006850/bw-legal-portswood-car-park-southampton

:T

GeoStar1

Update:

I received a Notice of Allocation to the Small Claims Track on 3rd July. The claimant has until 18th Sept to pay the trial fee. I have until 21st August to provide copies of all documents by 21st August. Hearing is 16th Oct at Southampton CC with Judge Giddins.

Shame this hasn’t been immediately struck out like the above case that Coupon shared in the link above but I am still very confident I will win this in Southampton.

I will begin to prepare the documents and involve my witness (car park landowner rep). Any advice and example statements based on my defence above would be greatly appreciated.

Many thanks.

GeoStar1

Hi does anyone have any example Witness Statements which relate to my defence which was largely based on Bargepoles from the Newbies thread?

Many thanks
Ian

Coupon-mad

You'll be putting DJ Grand's judgment in evidence for starters!

But mainly just read other defence claim cases and learn from what they used with their WS.

Umkomaas

GeoStar1 wrote: »

Hi does anyone have any example Witness Statements which relate to my defence which was largely based on Bargepoles from the Newbies thread?

Many thanks
Ian

There are links to suggested Witness Statement examples in the same NEWBIES FAQ sticky, post #2. Have a look there.

But it's really about telling your story, which only you know, rather than copying someone else's.

GeoStar1

Does the witness statement need to be set out with the same paragraph order as the defence? Or can re-order the witness statement sections to discuss more relevant topics upfront?

Do you need to include copies of all the legal documents referenced in the defence as evidence with the witness statement? If so, is this just the relevant paragraphs?

Many thanks.

Redx

any order you like


yes


sometimes it is, like for laws etc