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Letter of Claim : bwlegal/Britannia

24

Comments

  • Umkomaas
    Umkomaas Posts: 43,912 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    halsdad wrote: »
    trying to post ...but i'm gettfing an error message that says:


    We're sorry. Either your session timed out or has changed. Resulting in an missing security token. Please click Back, reload the page and try again. Please accept our apologies for any inconvenience. These precautionary errors are necessary occasionally to protect your online identity.

    How have you managed to post this then?

    Are you copying and pasting anything directly from a Word document? That does cause issues and temporary bans on IP addresses.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • halsdad
    halsdad Posts: 19 Forumite
    So i have a letter from BW Legal stating



    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 ICO website. ...only applies in 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 Provacy Notice (enclosed) . Whilst we acknowledge that you have made a request for information with our Client it is important to note that this does not affect the validity of our Client's claim meaning that our client has an overriding legitimate interest to recover the sums due to them.

    As such your account will not be suspended from further collections activity unless we are instructed to do so by Our Client.


    If you are dissastisfied with this response you may raise a complaint with the ICO.


    So folks .... what next may i ask?


    I have received nothing from Brittania. [Happy New Year BTW]
  • halsdad
    halsdad Posts: 19 Forumite
    was trying to import a photo of the letter i received - i've typed it out now!
  • Umkomaas
    Umkomaas Posts: 43,912 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So folks .... what next may i ask?
    How about following the suggestion from BWL?
    If you are dissastisfied with this response you may raise a complaint with the ICO.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Umkomaas
    Umkomaas Posts: 43,912 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    halsdad wrote: »
    was trying to import a photo of the letter i received - i've typed it out now!

    You can't post images or links until you've had around 15 posts to your name along with being a member for a period of time (not long, but I'm not sure how long - a week or so perhaps?). It's to deter spammers.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • halsdad
    halsdad Posts: 19 Forumite
    edited 6 January 2019 at 12:28PM
    So - i complain on the basis that
    1)

    WHILST they ARE CONSIDERING their RESPONSE TO THE SAR they HAVE NO LEGITIMATE REASON TO CONTINUE TO PROCESS ANY DATA RELATING TO ME IN RELATION TO THIS MATTER AS they ARE NOT BOUND TO A QUICK TIME FRAME BY THE LIMITATIONS ACT

    2) anything else i should reference?
  • halsdad
    halsdad Posts: 19 Forumite
    Umkomaas wrote: »
    You can't post images or links until you've had around 15 posts to your name along with being a member for a period of time (not long, but I'm not sure how long - a week or so perhaps?). It's to deter spammers.


    Makes sense - thanks
  • Jetslick
    Jetslick Posts: 68 Forumite
    Second Anniversary
    halsdad wrote: »
    was trying to import a photo of the letter i received - i've typed it out now!
    If it's regarding the BW Letter about them refusing to suspend data processing (the one you typed out) then there is no need to import it. It's been mentioned on literally every BW Legal thread. They're refusing everyone.

    Complain to the ICO and SRA
  • Jetslick
    Jetslick Posts: 68 Forumite
    Second Anniversary
    halsdad wrote: »
    So - i complain on the basis that
    1)

    WHILST they ARE CONSIDERING their RESPONSE TO THE SAR they HAVE NO LEGITIMATE REASON TO CONTINUE TO PROCESS ANY DATA RELATING TO ME IN RELATION TO THIS MATTER AS they ARE NOT BOUND TO A QUICK TIME FRAME BY THE LIMITATIONS ACT

    2) anything else i should reference?
    Mention how, under data protection law, you are legally entitled to request the supply of the data relating to yourself and that BW Legal need to ensure that you obtain this information you require from their client- before initiating court proceedings. Given that there are only a limited amount of days remaining for you to submit your defence, and as the PPC (Britannia) has a month in which to process the SAR, mention how you are concerned that BW Legal are intentionally attempting to time you out (which they are), disadvantaging yourself in the process.

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

    1. Mention it to Britannia (the PPC client) to inform BW Legal to suspend data processing.
    2. Send BW Legal the email saying you are dissatisfied with their response and mention the above points and that you will be complaining to the ICO as you mentioned before.
    3. Complain to the ICO and SRA.
  • halsdad
    halsdad Posts: 19 Forumite
    Thanks Jetslick - #appreciated and on-it!
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