BRITANNIA COURT CLAIM - Court Proceedings withdrawn

Redx

yes, and insist in writing by email that they remove your private and works telephone numbers from their database as you have not given permission for them to acquire them or use them and to only communicate by authorised email and by royal mail (post)

so a data rectification notice in effect

Umkomaas

should I also do a SAR on BW Legal ?

Yes, particularly referencing your mobile number, from where it was accessed/who provided them with it.

There has been recent Consumer/Ofcom Guidelines (laws?) that can impose massive personal fines on the owners of erring companies in regard to nuisance/harassment telephone calls - check it out.

Archie1971

Thanks guys , just sent them a SAR .

Will be interesting to see their response , I’ve only been in my job 6 months so god knows where they got my work details from.

Coupon-mad

Why don't you simply email BW Legal like the other poster above did and get them to remove it from their data stored, as it is a work phone? Tell them to cease & desist with using or storing that phone number.

Also tell BW Legal you have no liability because you were not the driver, who was female and will not be named, but you are aware that Britannia cannot hold you liable and certainly cannot 'assume' a female driver was you (yes, I know they didn't know the driver was female but the point is, to tell them NOW, pre-court, to pave the way to win at a hearing).

You can also send a similar email with the SAR request to Britannia's DPO:

- SAR
- Erasure Notice (re the phone number) and
- Rectification Notice (telling them their data is wrong, if they are assuming you were driving, because you were not and the driver was feamle but will remain nameless).

Come back at court claim stage.

Remember that, back in 2015, Britannia didn't use POFA wording in their NTKs, and could not hold you liable as registered keeper who was not the driver.

Archie1971

Ok thanks , do you think they will still pursue court ?

Coupon-mad

Probably, but the above is the best way to either stop them (maybe) or pave the way to win at your local court, as you can't be held liable and don't have to name the driver.

Maybe the photo images you get from the SAR will show in the grainy images that it wasn't you driving (that would be helpful, as the PCN was from 2015 when Britannia didn't use POFA NTKs). They cannot identify faces, so they can't guess who it was, but it would be good if it clearly is not you!

The important thing is to make sure the fact you were not the driver is stated to B and the solicitor, NOW. And that's why I say you should state the driver was female, as that immediately gives them (arguably) no cause to pursue a claim at all.

Archie1971

Many thanks - I’ve followed your advice as stated !

Archie1971

Ok guys , I’ve had the court papers through today , I haven’t even had the SAR papers through from Britannia yet ?

Issue date was the 24/1 , ive got 5 days from this date then I’ve got 14 days to respond ?

Any advice please ?

Redx

read post #2 of the NEWBIES FAQ sticky thread, and do the AOS online by logging in asap , following the walkthrough guide

then start to draft your defence


also advanced edit post #1 and change the thread title so something more appropriate, like


BRITANNIA COURT CLAIM, help please


or pm a board guide instead

KeithP

Archie1971 wrote: »

Issue date was the 24/1...

With a Claim Issue Date of 24th January, you have until Tuesday 12th Febuary to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you have until 4pm on Tuesday 26th February 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.