Britania parking and BW Legal

beamerguy

Oh dear, Britannia getting a bit touchy now

They can make a charge as they say but in your case they say ..
"we consider to be manifestly unfounded or excessive".

Bit of a copy and paste job.

But you are only asking for information that pertains to you.

So unless you pay £10 they will not provide pictures and pictures of the signs.
The will not provide the machine transaction saying that you are not entitled .... but you only want proof of the transaction for the vehicle they claim broke the contract, you are not asking to see anyone else's are you.

So, when the legal bod BWLegal take over, they must prove their claim to you by way of pictures of the vehicle and signs.
If they don't, they dismiss your ability to defend any claim

Therefore, due to lack of information given by the claimant, you will request the court to dismiss the case.

Britannia are being knowingly obstructive which must be brought to the attention of the court as well.

nosferatu1001

Your VRM is your personal data

So, as youve copied a "SAR" template which contains non-SAR material, go back to them and state youy require ONLY that data they hold on you such as....
This request canot be regarded as unfounded or excessive, and so the original deadline of X still stands. Failure to meet this deadline will result in an immediate ICO complaint.

The rest you then have a different email to them iwth a list of the documents, such as signage, you require as part of the Pre-Action Protocol for Debt claims, and remind them they are obliged, under the overriding objective (CPR1.1) to provide this information or explain why they cannot. There is no reaosn why this information cannot be released, suitably redacted, and you will be interested in a further refusal to meet their obligations.

BT1997242

So one thing of note is that I have already received the SAR. So, this email was in response to me prompting them as I hadn't received one. So I actually already have the SAR yet there trying to charge me for it and won't correspond with me until I pay them the £10.

BT1997242

So I already have the SAR so their company internal communication must be lacking...

Not sure what to do from this point though as I have the SAR which includes photos of my car and of the signage, but they now won't correspond until I pay them £10 for it??

beamerguy

BT1997242 wrote: »

So one thing of note is that I have already received the SAR. So, this email was in response to me prompting them as I hadn't received one. So I actually already have the SAR yet there trying to charge me for it and won't correspond with me until I pay them the £10.

It is their funeral in court

Wonder if they will cope when in 2019 the number of SAR's to them increases ?

BT1997242

Is there anything I should do before court?

Coupon-mad

If you read their response they are clearly saying they wish to charge £10 because they perceived you are asking for copies of a SAR already sent out, which could be deemed excessive.

No idea why we are being dragged into something & nothing like this, why are we discussing that reply - it's quite correct and they ARE allowed to say that for a duplicate request.

Before court claims, everyone in your shoes should be spending time reading similar BW Legal claim/defence threads to save the burden on us, as all cases are pretty much the same. A clued up Defendant ready for the next stage is easier for us to assist when the claim comes, and less stressful for you.

For example, you've been stressing and running around trying to disprove the £60 damages on signage, when there is no need because even if it's on a sign they can't recover that on top, as defences that you will read, already say:

https://forums.moneysavingexpert.com/discussion/comment/75304578#Comment_75304578

Read other cases now before the claim and you will learn most, and be ready.

BT1997242

Hi all,

so the time has come and I have received a court claim form asking for £238.40.

I now have 28 days from time of service to file a defence with the county court.

I have looked at the newbies thread and just want to know if theres anything I should be doing as well as that?

I can see I need to fill this slip in and return it to them that states what I wish to do I.e. defend the claim.

It's also worth noting this isn't my county court its being addressed to one nowhere near me, will my actual case occur there?

Any help would be appreciated,

thanks!

Le_Kirk

If these are papers from Northampton County Court Business Centre, there will be an issue date - please let us know what it is. Also, you don't fill in bits of paper, you do it on-line by using MCOL (the court papers should tell you how but if not just go the NEWBIE sticky post # 2 and look at the link for how to use MCOL. Once you have done that you will gain some more time to compile your defence.

Once you are into the process and have submitted a defence, you will receive a DQ (all explained in that same post # 2 as above) and you will be able to select your local court.

BT1997242

Hi,

I've just completed the online form and acknowledged service, I'm now in the process of formulating a defence, based on the info I've given on the threed would you suggest any lines of argument for my defence?

I've also read up and the address to service is Northampton however it'll be addressed at my local county court no problem there my bad.

Thanks