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Letter of Claim from BW Legal

Hi,
I have been receiving letters from BW Legal in place of Britannia Parking Ltd saying that I need to pay 2 separate parking tickets, both costing £160 each (original PCN £100).

I treated the first letter as an LBC and requested a SAR from Britannia and told BW Legal that a SAR had been requested and emailed them saying i 'require a restriction of data processing and the case should be put on hold'. I then received a letter from them stating 'we are not in the view that the right to restrict processing is applicable in this case.' I still havent received anything from Britannia Parking.

I have received two separate 'LETTER OF CLAIM' in the post today stating that if I don't pay up by February 1st they will issue a claim against me in the county court.

I have no idea what the next step is and would greatly appreciate your help.

Many thanks

Comments

  • Jetslick
    Jetslick Posts: 68 Forumite
    Second Anniversary
    BW Legal have done that same response to everyone. Does the letter state how they refuse to suspend data processing unless instructed by their client? You could complain to Britannia the need for them to tell their client to suspend data processing as you await for them to fulfill the obligations of the SAR. You can inform BW Legal of their unsatisfactory response and address that you will be complaining to the ICO. After you have done that, you can file an ICO report. They must be getting sick of the BW Legal complaints as of late.

    You need to ideally await the arrival of your SAR (note, Britannia can take a while - took 21 days for my request). Then, do a LBC rebuttal basically explaining why you refute this claim. What are the reasons for the PCN? Expect a court claim anyway. But we will help with your defence.
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There seems to have been a rash of Britannia/BWL court claims coming to light this week and are currently littered over the first couple of pages of the forum.

    I suggest you subscribe to each one so you get a notification whenever there has been an input. It will be impossible for regulars to be covering the same ground on each individual case, typing out large chunks of text.

    You could also PM the other OPs in the same situation and work with each other to collect, analyse and act on the advice given here. Help each other.
    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
  • Mr_Milk
    Mr_Milk Posts: 6 Forumite
    Jetslick wrote: »
    BW Legal have done that same response to everyone. Does the letter state how they refuse to suspend data processing unless instructed by their client? You could complain to Britannia the need for them to tell their client to suspend data processing as you await for them to fulfill the obligations of the SAR. You can inform BW Legal of their unsatisfactory response and address that you will be complaining to the ICO. After you have done that, you can file an ICO report. They must be getting sick of the BW Legal complaints as of late.

    You need to ideally await the arrival of your SAR (note, Britannia can take a while - took 21 days for my request). Then, do a LBC rebuttal basically explaining why you refute this claim. What are the reasons for the PCN? Expect a court claim anyway. But we will help with your defence.

    Thanks for the reply! Yes the letter says they refuse to suspend data processing unless instructed by their client. I'll email stating that their response was unsatisfactory and see what they come back with.

    How can I file a report to ICO? And what should this report include? The PCN claims that the driver stayed in the car park for over 2 hours (maximum parking time). This was at night in a very poorly lit car park. Any advice on how to handle an LBC rebuttal and what that would consist of?
  • Mr_Milk
    Mr_Milk Posts: 6 Forumite
    I understand there are a lot of people in similar situations to me. But I've got less than 30 days to sort this before my court claim so i hope you can understand my urgency.

    Im also new to this site and was unable to find another post in the exact same position to me, could you give me a link to one if you know of any? Thanks
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mr_Milk wrote: »
    I understand there are a lot of people in similar situations to me. But I've got less than 30 days to sort this before my court claim so i hope you can understand my urgency.

    Im also new to this site and was unable to find another post in the exact same position to me, could you give me a link to one if you know of any? Thanks

    There will be none of the threads with any more time to respond. They will all have less than 30 days before a court claim if they are in a similar situation to you.

    I've just done a quick forum search on keywords 'BWL Britannia' and in seconds had around a dozen separate cases from the past few weeks returned.

    I'm not going through them all to link them for you to save you literally a few minutes work in using the keywords above and following the simple instructions below.

    HOW TO USE THE FORUM SEARCH FUNCTION:

    Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.
    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
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