2 separate letters from BW Legal - Britannia Parking

mixMZ

Hi

Came back from holiday and got 2 letters from BW Legal - on behalf of Britannia Parking Limited.

They are both "Letter of Claim" dated the same: 14 November 2018 and referring to 2 different "Contraventions"
One is for 27 October 2016 and the second one is for 23 December 2016.
Both Letters referring to the same Contravention Location/Description: West Quay Retail Park Southampton / Failed to display a valid P&D ticket ot Permit.
In both cases they asking for a payment of £130 to be made by 19th December 2018.

Breakdown on estimated Court fees are as follow:

Principal Debt+Initial Legal Costs £130.00
Estimated Interest £11.48 (the other one for 23 Dec is £10.60)
Estimated Court Fees £25.00
Estimated Solicitor`s Costs £ 50.00
Total: £216.48 (second one: £215.60)

I scanned that letter and uploaded on google drive:

drive.google.com/drive/folders/1gKgnxXiVoK66A5dH34hbfrXFKK9HeWIU


Thing is that I personally do not remember any parking tickets, but during that time ,access to my car had also my ex and her brother who I am not in touch with anymore, so my defense might be a bit tricky...

What do you advice, should I respond to those letters individually with the same "Response" but in different time frame to see how the first one goes?
English is not my first Language so its a bit stressful have to say...

Redx

same answer as this thread


https://forums.moneysavingexpert.com/discussion/5932194/bw-legal-letter-from-brittania-parking

do an SAR for each one to the PPC DPO using the new GDPR laws

assume that these will end up with court papers being issued early in the new year

ps:- there is no S in defence

and as you are not the driver, that will be one aspect of the case, UNLESS the PPC followed the law, namely POFA2012

mixMZ

Thank you for quick response.
I will draft letters but still whould like to got some answers...

lets do some "Risk Assessment"

1) Worst case scenario, If the PPC followed all the requirements, and done everything what law says, took me to court and won the case ,am i asked to pay exactly what BWLegal stated as their "Estimated Total: £216.48" on letter ? Or that still would be corrected by Judge (can we assume what would be a real total cost of lost case)?

2) Not sure if that`s any helpful but my ex left UK, so if I gave to BWLegal her details -assuming she was the driver would that be any beneficial for me? She done quite a lot of damage to me so to be honest - I wouldn't care about being not "loyal" and share her details while defending myself.

Redx

1) already answered here in post #3 https://forums.moneysavingexpert.com/discussion/5932277/gladstone-solictors-court-action-imminent


you would object to any "additional costs like debt letters etc


please read other threads as there is nothing new in this "game", its all been said numerous times before

2) so name the driver with a serviceable address for papers (abroad is fine) by telling both the PPC and B W LEGAL asap

that way you have discharged your duty under POFA2012, which they would have mentioned in the original pcn

you can do this anytime up to an MCOL being issued , so no delays

Coupon-mad

You'd likely pay a lot less if you lost, about £175. It's rare to see a loss here but there is no risk.

mixMZ

In the case if I decided to disclose who was the driver (im not exactly sure but it had to be my ex or her brother, would i need to proof they were on my driving licence, their address etc?)

Regarding SAR

its a bit confusing:

"You should NOT have to supply intrusive ID like your driving licence or Passport, that's excessive - and if they are sending a LBC then they already hold sufficient data to ID you!"

but
Britannia-Parking_General_Privacy_Policy_v1.2.pdf says:

"Please note that we will
not provide any Personal Data to you until you have provided evidence to us to establish your
identity. This may include a copy of your passport or other identification document. We will
only provide information to you at an address which we have verified as belonging to you"

hopefully V5C will be enough for them, what if they will not replay within the time I need to respond to BWLegal , Wouldn't be better if also email BWLegal with rebuttal letter let say 10 days prior to their 30 days notice to extend the process ?

mixMZ

Still waiting for SAR from Britannia Parking - sent request using template from another thread with questions:

Please can you provide the following:

• all data held
• all evidence you Britannia Parkingd 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 all parking charge notices
• all photos taken (including by ANPR)
• a list of all PCNs you consider are outstanding
• a close up of the signage at "XXXXX" on day in question "XXXXX"
• evidence you have paid a debt collector

Thing is that BW Legal gave me 30 days to pay/response
full letter is available here:
drive.google.com/drive/folders/1gKgnxXiVoK66A5dH34hbfrXFKK9HeWIU

They havent provided any proof from their side, is it a real LBC?
Still waiting for SAR from Britania Parking , should I send the same SAR to BW Legal with holding letter? Not sure what should I be expecting now... any advice?

beamerguy

mixMZ wrote: »

Still waiting for SAR from Britannia Parking - sent request using template from another thread with questions:
Thing is that BW Legal gave me 30 days to pay/response
full letter is available here:
drive.google.com/drive/folders/1gKgnxXiVoK66A5dH34hbfrXFKK9HeWIU

They havent provided any proof from their side, is it a real LBC?
Still waiting for SAR from Britania Parking , should I send the same SAR to BW Legal with holding letter? Not sure what should I be expecting now... any advice?

https://drive.google.com/drive/folders/1gKgnxXiVoK66A5dH34hbfrXFKK9HeWIU

I see that this low life legal is adding £60 for debt collection.

Typical of this rabble .... but they must prove to you their claim, that is now the law ....... makes us wonder what part of "legal" in their name don't they understand ????

Tell THEM youv'e sent a SAR to Britannia and due to their failure to prove their claim, you must wait for Britannia to respond.

BWLEGAL ADD ON A FAKE £60 ?
In addition to the 'parking charge', the Claimant's legal representatives, BWLegal, have artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole

KeithP

https://drive.google.com/drive/folders/1gKgnxXiVoK66A5dH34hbfrXFKK9HeWIU

Yes, that is a real Letter of Claim.

How to respond is described in the first few paragraphs of post #2 of the NEWBIES FAQ sticky thread.

Prepare yourself to receive a Claim Form from The County Court Business Centre in Northampton around Christmastime.

Do not put it to one side at that busy time - it is all part of their cunning plan to hope you won't react properly and promptly.

mixMZ

Just got me thinking...
I received those letters from BW Legal about tickets on 19th November 2018, both tickets referring to dates: April 2016 and December 2016.

If parking company can only apply once per ticket to DVLA How on earth BW Legal know my current address if I moved home in Feb 2017 and changed dvla address promptly just after my move???

Little scared now... as If there was more tickets ,and other PPC didnt know about that home move I possibly could be in big trouble, how can i prevent that if there are any other tickets I am not aware of?

I sent SAR to DVLA to list all requests against my car ,thats all I could think of... any other advice what should I do to be on the safe side?

Umkomaas

If parking company can only apply once per ticket to DVLA How on earth BW Legal know my current address if I moved home in Feb 2017 and changed dvla address promptly just after my move???

They use trace agents. Pretty standard procedure in the debt crawling industry. It's not rocket science.