Disability and PNC/BWlegal

PaddingtonB

Hello
May I start by saying that whilst we all really appreciate your help, can I please ask that you offer me some slack re reasonable adjustments due to my dyslexia.
I am aware that I have not read everything on this forum, but rest assured I have tried, but find reading such detailed stuff very difficult. So my issue is very similar to some one else re parking in the same carpark as them, buying a ticket and not realising the machine does not allow for a gap in the number plate. The car park was in paignton crossways and it was the same as another use, eg paid for an hour, used less than an hour but breech claimed as 1 digit missing in parking ticket. Without going into the five major issues I pointed out at appeal to IAS, my issue is the fear of bwlegal letter. I am aware that you said to other user ignore until Letter before claim (or what ever anacrnym is) But its not that easy when you have dyslexia, i tried to point out that they made no reasonable adjustments for my disability but IAS ignored it. Due to my disability I find reading forums very difficult and acronyms really hard to work out.
I can see you have links to other letters(which I can't remember) but can find links to this acronyms. This is very stressful and makes my dyslexia worse, so I am wondering is it better to pay for proper legal advice at this point as I don't want to wait to letter before claim to have a short period to come on here and try to read through all you hopefully helpful advice then.
What I want to know is is it worth using my house insurance which has free legal advice to pursue this or is it not really perusable as a disability discrimination issue. I feel writing all this letters will confuse me more than getting a solicitor ro do it, but I can't really afford it, it its not something my insurance would cover.
I am passionate about defending my legal rights under the equality act, but nearly all the answers on this stuff is about legal contract law loopholes. I want to see people treating us with dignity, and following there obligations under the equality Act. Is this a fight that is worth it and who would be the best to defend this?
Sorry if long winded, as feeling stressed.

Coupon-mad

So my issue is very similar to some one else re parking in the same carpark as them, buying a ticket and not realising the machine does not allow for a gap in the number plate. The car park was in paignton crossways and it was the same as another use, eg paid for an hour, used less than an hour but breech claimed as 1 digit missing in parking ticket.

That is terrible. What a scam.

I am wondering is it better to pay for proper legal advice at this point

Nope. A solicitor would not know what we know, because we do this every day.

What I want to know is is it worth using my house insurance which has free legal advice

Yes, but they will only help if their solicitors feel that you have at least 51% chance of successfully defending a claim in this case.

We KNOW you do. But a legal team might not, as they don't do this every day. You can ask, as it's free. But if they say you have no chance, they are wrong. If they talk about having no chance due to the ParkingEye v Beavis case, they are wrong, as that case can be fully distinguished (very easily).

YOU would be best defending this.

DO NOT pay any money to anyone, and if you get a private message offering to 'help for free, off forum' DO NOT accept that and Name and Shame the poster here, please.

You can do this. So, have you got a Letter of Claim and pre-action forms yet?

Redx

please edit post #1 and put some paragraphs in so we can read it properly

what is the actual name of the parking company (PPC) please ? was it ARMTRAC ?

B W LEGAL are sending lots of letters before claim at the moment, so have you received a B W LEGAL letter ?

and did it give 16 days to reply or 30 days ?

if it was 30 days, did it include financial forms to fill in ?

PaddingtonB

Hi Sorry RedX
I know if you don't have our disability you wont really understand exactly how it manifests, so think it is simple to ask me to put into paragraphs, but sorry its not easy to do that as I simply don't understand the rules of grammar. I have tried trust me and dragon helps a bit but its like asking someone in a wheelchair to half stand up, because you cant hear them properly, sometimes its not possible to ask someone with a disability to do something you can do with ease.
Any way i will try to put it into bullet points as that is easier for a dyslexic
- Premier parking solutions is the company
-BW legal letter has 16 days to reply
- No letter of claims yet
The letter of claims is the issue... i do not want to get to that stage as I know you wont help until then and I understand that, but like all of you kind helpful people i have a Job to do as well, and my dyslexia means that I will really struggle with (is it 30 days) to write a proper defence, at home after work. If this does nothing more than highlight to you lucky people that can bash away at a keyboard and produce something in 2 minutes that some disabilities really are a disability. This is why I really want to take this forward, but I dont want to win just because they drop it because ( ihave no idea what legal loopholes of contract law there is, but sure you all do) but rather that people without disabilities understand that asking us to type in a full set of letters and numbers (without graps!!!!) as per number plate and getting 1 digit wrong and after being pointed out that that is due to our disability, making no reasonable adjustment for this. The law is clear on what is reasonable, I just want that to instigated.
I will try phoning my house insurance up.... but based on your assement of 51%... do you think this is 51% winable?
Facts - paid for 1 hours parking, parked for less than 50 minutes, number plate entered was 1 digit different from the clearly identified ANPR camera. There were potentially only 26 (less Z, Q =24) other cars in the UK with which my ticket could relate, by missing last digit. Out of those 24 of the 50 million plus cars registered on DVLA database,some will be different makes, models or colours, plus will not be based in the area i live. Based on that the probability of the ticket not belonging to the car i parked with is approx 1 in a million. surely on balance of probabilities that is a low score.

Redx

I also suffer from a mild form of dyslexia and am unable to read that great wall of text without it being split into paragraphs

all I am asking you to do is press your return key every 4 lines or so in order to split it up into the paragraphs, nothing more

this creates the white space as you can see in my replies, meaning the words are not jumbled when people try to read your sentences

so I am not asking you to pass an english exam
just press the return key once or twice after each 3 or 4 lines

HELP US TO HELP YOU

as this letter gave 16 days to respond, then its a debt collection letter and should be IGNORED

but what you should do is send an SAR to the DPO of your parking company (to PPS), using data protection (GDPR) in order to get everything they have on you

this may be needed later down the line by you or anyone helping you as it will be all their paperwork, pictures and evidence

if this is too much for you, get somebody to help you

wait for the LBC to arrive from B W LEGAL , nothing you can do other than paying in full will stop this from proceeding so dont try to stop it unless you are willing to bite the bullet and pay (which we dont think you should do)


otherwise the LBC will arrive no matter what you do or try, its inevitable



SAR = Subject Access Request (or something similar)

DPO = Data Protection Officer

LBC = Letter Before claim

the bullet points did help, so thank you

PaddingtonB

Can I ask a simple question?

I understand a debt collection agency has no legal rights to the contract so hence no need to reply.

But LB Weagal are registered as the solicitors which i assume will follow the initial contact up with the Letter before claim. My niave understanding of the law is that it looks better in court if you can prove in court that you tried all forms of ADR, before court procedings. Surely its better to contact them and state you have no intention of payment and will await their LBC based on pervious arguments put forward at Independent Appeal Service.

Surely then the judge is aware that you didnt just ignore the issue but wanted to give them ample of opportunity to drop their case, and asuch will give you right to counter sue for breach of equality discrimination set out within the Equality Act 2010, regarding making reasonable adjustments

How do you get subject access request from a company that only uses a PO box and has no known record for a data protection officer

Coupon-mad

My niave understanding of the law is that it looks better in court if you can prove in court that you tried all forms of ADR, before court procedings. Surely its better to contact them and state you have no intention of payment and will await their LBC based on pervious arguments put forward at Independent Appeal Service.

Surely then the judge is aware that you didnt just ignore the issue but wanted to give them ample of opportunity to drop their case, and asuch will give you right to counter sue for breach of equality discrimination set out within the Equality Act 2010, regarding making reasonable adjustments

Correct, it looks better. You can reply now if you prefer, while awaiting the SAR reply from PPS.

based on your assement of 51%... do you think this is 51% winable?

We say 99% winnable. ALL cases we see are likely to win, with our help.

There are over 20 PPS defence cases on this forum right now for you to read. All likely to win.

Send PPS a SAR to get all their data, all photos taken, all letters sent, so you have it all up front. The NEWBIES thread explains a SAR can be sent by email to the PPC's Privacy Page contact email.

Are you saying they have no Privacy page about data?

KeithP

The Parking Prankster has written about this place:

Will Hurley defends outdated technology at Crossways, Paignton

Redx

at the moment B W LEGAL have their DEBT COLLECTOR hat on, hence the 16 days


by all means reply and deny the debt, if that makes you feel better and if you believe it is the correct thing to do, nothing will come of it but do it if you need to for your own peace of mind and record keeping for the judge


and thank you for accepting what I said, that last post was much easier to read


also read what the IPC CoP says about registration input errors too

Redx

PaddingtonB wrote: »

How do you get subject access request from a company that only uses a PO box and has no known record for a data protection officer

their website DOES have details on the GDPR and their DPO email address


http://pps.uk.com/gdpr_noanpr.html

KeithP

Kevin Foster, MP for Torbay, had this to say in The House of Commons earlier this year:

Kevin_Foster_MP(Hansard) wrote:

In my constituency, I have two parking companies: Premier Parking Solutions of Newton Abbot and Premier Park Ltd of Exeter. They are responsible for the management of one privately owned car park each, yet each of those car parks generates more complaints about enforcement practices than the entirety of Torbay Council’s enforcement operations, which include 39 car parks and all on-street car parking.

He went on to say:

Kevin_Foster_MP(Hansard) wrote:

When I secured my debate last year, one of the companies pleaded with me not to name them as part of a cowboy industry, saying, “We haven’t had any complaints over the past month or two,” and I said, “Yeah, that’s because you had a massive fire in your car park and it’s ​been closed for the past couple of months, so you haven’t been trapping people.” Companies in this industry are like bloodsuckers in many cases.

That fire was in Crossways Car Park in Paignton.

It follows therefore that the car park operator pleading not to be named as part of the cowboy industry was Premier Parking Solutions Ltd.

The above quotes are from Hansard's reporting of the second reading in The House of Commons of The Parking (Code of Practice) Bill - 2nd February 2018.

OP, can I urge you to complain to your MP, and ask him/her to refer the matter to Kevin Foster MP.