Britania parking and BW Legal

KeithP

BT1997242 wrote: »

Should I send this to them immediately or following future correspondence? I know I was initially advised to ignore, what would you suggest?

Sometimes there isn't one right answer.

You were offered these over two weeks ago:

KeithP wrote: »

You can safely ignore that letter.

Umkomaas wrote: »

You need to send the PPC a SAR to extract all the information they have on you...

You need to decide.

Hint: you will be sending a SAR sooner or later. may as well be sooner - it makes no difference.

BT1997242

SINCE THEN

I received advice to go and take photos of the signs and map out the car park and confirm if there was a £60 legal fee included on the signs (there wasn't). I have tried to attach photos of the signs and had no such luck. I will happily attach them but honestly have no idea how. (I digress)

I received advice to send an SAR to Britannia parking which I did (used the template from newbies thread), and have since received a letter back not from Britannia (who the letter was sent to but from BW legal)

The letter reads:

Dear XXX
Our Client; Britannia parking limited
Account number: XXXX
Balance Due: £160

We write in reference to the above matter and your letter dated XX December 2018 which was received XX December 2018.

Please note that we are acting on our clients instructions to recover the above balance which remains due and owed by yourself to our client.

Information about the right to restrict processing is available on the information commissioners office website https://www.ico.org.uk. The right to restrict processing only applies in certain limited circumstances. We are not of the view that the right to restrict processing is applicable in this case. Your data is processed for the lawful purposes set out in the privacy notice, a copy of which is enclosed and available on https://www.bwlegal.co.uk. Whilst we acknowledge you have made a request for information with our client it is important to note this does not affect the validity of our clients claim meaning that our client has overriding legitimate interest to recover the sums due to them.

It then says your account will not be suspended and we trust this clarifies our position.

I have also had a letter from Zenith collections which says they're also writing on behalf of Britannia parking and that they have offered me a reduced settlement figure of £136.00 (still a crazy amount)

What are thoughts on this and what is my next move following sending them an SAR and also taking photos of the signs in the car park?

Many thanks

beamerguy

I received advice to go and take photos of the signs and map out the car park and confirm if there was a £60 legal fee included on the signs (there wasn't). I have tried to attach photos of the signs and had no such luck. I will happily attach them but honestly have no idea how. (I digress)

You are the second person to say there was no notice of the £60 fake add-on on the signs.

As you know BWLegal are attempting a double recovery.

If in their claim they state that the fake charge of £60 is clearly shown and you have photos to prove otherwise, then the judge must ask them why they are lying.
Will not bode very well for BWLegal and indeed any of the their other fake cases they bring with the same rubbish

Take no notice of the ZENITH cr*p

Jetslick

BW Legal are sending everyone the same letter refusing to suspend data processing and put the case 'on hold'. Complain to the ICO about how that time is not on your side to achieve all the information to assist your defence, given that there are only x days remaining for you to submit it, and as the PPC has a month in which to process the SAR you are concerned BW Legal are attempting to time you out, disadvantaging you in the process.

Then you point out that the Limitation Act provides the PPC with 6 years to pursue this case through the court meaning they have until xx/xx/20xx (the 6 year anniversary of your parking charge) in which to do so. On this basis there should be no justifiable reason for them not to temporarily suspend processing.

Do this now. The report form is simple and ICO need to hear about BW Legal's unfair treatment. It is BW Legal's responsibility to ensure you get all the data required from your client to assist your defence so you know what is going on.

Ignore Zenith. They are a powerless debt-collector that offer a 'reduction' to their own debt-collectimg artificially inflated costs. Your PCN is £100 not £160 or £136.

BT1997242

Yes nowhere in the signage which I photographed was there evidence of a £60 'legal fee'. Should I await a court date from them now or is there anything else I should do. My SAR was essentially 'rejected' they sent me a copy of their privacy notice instead. Whats the next step?

beamerguy

BT1997242 wrote: »

Yes nowhere in the signage which I photographed was there evidence of a £60 'legal fee'. Should I await a court date from them now or is there anything else I should do. My SAR was essentially 'rejected' they sent me a copy of their privacy notice instead. Whats the next step?

YES, go to court and get the judge to rubbish BWLegal and put doubt to the whole of the claim ...... they have lied to you and the court by submitting a fake claim

Get your costs schedule ready

BT1997242

Thank you, I will go to ICO now and do this. Should I be looking to respond to further correspondence from BW Legal or ignore until a court date is issued?

Thanks

beamerguy

BT1997242 wrote: »

Thank you, I will go to ICO now and do this. Should I be looking to respond to further correspondence from BW Legal or ignore until a court date is issued?

Thanks

Why tell them ? let them get trashed in court and enjoy

BT1997242

Having just spoken to an agent at ICO regarding where I should file my claim, I've been told that they dont deal with them and that I should complain to whoever issued it...

BT1997242

Having just spoken to the ICO, this is the advice which I received:

"If you believe the data they are processing is inaccurate you could challenge that and assert the right to restrict processing until that is addressed. However they have up to one month to respond to your restriction request and they don't have to agree to the request. https://ico.org.uk/your-data-matters/your-right-to-limit-how-organisations-use-your-data/

But we will not look at any complaint unless the matter has been raised first with the organisation and even when complaints are brought to us it can take two to three months for them to be allocated I am afraid."

Is there anything else I can do or just wait for a court claim?