BW Legal NCP Claim Form Received

TheClubParkingMan

Hi all,

I'm rather concerned and not too sure what to do. I have a LBC from BWLegal who I've read a little about and honestly astonished at their practice.

Background of the PCN:
Date of Incident: redacted
ANPR caught my vehicle entering and exiting the carpark, the duration being [redacted] minutes.
The car park is a pay and display but you also have to put your reg into the PD machine.

I honestly can't remember if I had paid or not, I usually do, although I won't be using this car park again. However I do have serious dyspraxia which can affect my memory for basic things, heck I don't remember to brush my teeth most of the time.

Now I received the second NtO on the [late august] and never received the first, so I never got the chance to appeal.

Be all and end all I have totally unreasonable costs of £160 in relation to this visit.

I have autism and severe anxiety and this is not doing well in that regard, I'm looking for advice and my next steps because I can't afford this and I can't stand up for myself in court with my disabilities.

edit: I've sent a SAR to NCP.
I've drafted a letter to BW Legal and will post it on here

UPDATE TLDRs;
-Received BW Legal WS, I am 2 days overdue,
-Court hearing date to be set as soon as I send in my WS.

TheClubParkingMan

Heres my draft to BW Legal, any advice?

Dear BW Legal,

I am contacting you in regards to a Letter of Claim you sent on the 26 of November 2018. The account number is - and your reference is -

I have sent your client a SAR (Subject Access Request) and I require a restriction of data processing. The case should also be put ‘on hold’ awaiting response from your client.

I’d also like to confirm the ‘address of service’ as:

-

yours faithfully,

TheClubParkingMan

Should I also write to NCP's Data Protection Officer via post aswell?

TheClubParkingMan

Update: Both a SAR and a response to BWLegal has been sent. Just gotta wait now.

The_Deep

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

beamerguy

TheClubParkingMan wrote: »

Update: Both a SAR and a response to BWLegal has been sent. Just gotta wait now.

Yes, we wait with baited breath as to the rubbish they will come back with ..... do tell us please

TheClubParkingMan

Update:

BWLegal have responded, not too sure how to respond to this.

Letter: Refusing Suspension of account while waiting for SAR
Update: SAR Received, ANPR Images, First NtD (Never personally received), NtK, Site acceptance pack and PDT records (Reg or similar not on list - Assume failure to pay on my part)

Any advise?

Thanks!

beamerguy

TheClubParkingMan wrote: »

Update:

BWLegal have responded, not too sure how to respond to this.

Letter: hxxps://xxx.dropbox.com/s/f65qodm5ipqu4kp/Dec2018Response.jpg?dl=0

Any advise?

Thanks!
J

https://www.dropbox.com/s/f65qodm5ipqu4kp/Dec2018Response.jpg?dl=0

If BWLegal want to continue they must give you the opportunity to respond and that is with evidence. They and their client are failing to do this so if they ignore you, the perfect question to ask the judge .. "BWLegal have not provided me with the info requested to enable me to defend the claim."

Total arrogance by BWLegal and it's the best way to get whooped in court ... they are used to that anyway

Umkomaas

I'd tell them that you will follow their advice and make a complaint to the ICO. Given that the Limitation Act provides their client 6 years to pursue this charge, you see no reason why a temporary suspension of action should be refused.

However, you will seek the ICO's involvement via a complaint to them.

TheClubParkingMan

I am writing my response today, but thea SAR came back today aswell. Their signage is clear and concise, and the PDT shows my reg isn't on there. I must of just forgot to pay. How should I go about this?

Thanks

Jetslick

TheClubParkingMan wrote: »

Update:

BWLegal have responded, not too sure how to respond to this.

Letter: hxxps://xxx.dropbox.com/s/f65qodm5ipqu4kp/Dec2018Response.jpg?dl=0

Any advise?

Thanks!
J

I had the exact same response from them. I complained to the ICO reporting BW Legal and I'd suggest you do the same thing - stating the same things mentioned above. It is their responsibility to ensure you have the information required from their client to assist your defence. Their robo-claim letters are so crap and vague its hard to even know what they're claiming for without a SAR. Grill them in to the ICO. It's a simple reports form. The more complaints they get the better.