New Letter Of Claim

echoand

Hi
I am also in receipt of a Letter of Claim from BWLegal and I would appreciate some advice on how to proceed.

The alleged date of contravention was 01/08/2017 in Plymouth (PCN issued 08/08/2017). I, as the keeper, subsequently appealed to Britannia Parking on the basis that the parking fee was attempted to be paid 2 or 3 times using a credit card and was denied on each occasion by the machine (the card was then used to pay for a restaurant bill so the card was not at fault). The car park was not manned so there was nobody to ask. On the appeal, payment of the normal parking fee was offered. No surprises - the appeal was rejected which also stated that there was no further recourse ie POPLA as I reside in Scotland.
Reading this forum I then decided to ignore all further demands/worrying tactics etc. I thought that the matter had been forgotten due to several months of silence but I then received on 12/12/2018 a warning letter from BWLegal and then on 04/01/2019 the said Letter of Claim.


I have the original PCN/NTK and the letters from BWLegal but no other documents as I had thought the matter had gone away. Do I raise a SAR requesting copies of everything they have? Any help on wording would be appreciated.


How should I proceed?


Regards

Redx

same advice as in the hundreds of others on the same topic


SAR to the DPO at the PPC by email, using the legal beagles template and adapting it


LBC rebuttal to B W LEGAL, same as all the others have done (by email)


its not "gone away" until 6 years have elapsed

Umkomaas

As you live in Scotland, but ticket issued in England read the following and follow advice there. Come back if you have any queries after reading.

https://forums.moneysavingexpert.com/discussion/5938919/scottish-but-ticket-in-england&highlight=scotland

https://forums.moneysavingexpert.com/discussion/5918256/moto-southwaite-charge-for-sleeping-in-car&highlight=scotland

https://forums.moneysavingexpert.com/discussion/5917764/keeper-in-scotland-incident-in-england&highlight=scotland

https://forums.moneysavingexpert.com/discussion/5907513/english-pcn-against-scottish-resident&highlight=scotland

The_Deep

It is a scam,

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

echoand

Sorry to be a pain but I can't find any examples of LBC rebuttals. Are there any on the forum?

echoand

Just a quick update - both SAR to Brittania and rebuttal to BWL have been sent. Now just awaiting their response but I can probably guess what it will be.

echoand

Response received from Britannia on SAR request -



Dear Sir/Madam,
We have received your Subject Access Request, under ICO guidelines we have one calendar month to respond.
Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.
YOU’RE REQUEST FOR ADDITIONAL INFORMATION

• Landowner agreement - You are not entitled to business sensitive information, it will only be supplied at court, as evidence and not before.
• Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence at court.
• Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
• Picture packs - A copy of the signage will be provided as evidence at court.

Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information we consider to be manifestly unfounded or excessive. ICO guidelines advise we are able to charge a reasonable administration fee, which is £10.
Please send a cheque payable to Britannia Parking to the following address: Data Protection Officer, County Gates House, 7th Floor, 300 Poole Road, Poole, BH12 1AZ.
Include a list of the additional information you require and the PCN number/s. Once the cheque has cleared we will action your request. We will only send additional information which is not business sensitive.
Please refer to the ICO website for further information: LINK GIVEN BUT I CAN'T POST IT HERE
If you do not wish to pay £10, we are under no obligation to provide you with the information, your only options is to wait until this matter progresses to court, when it will be adduced as evidence.
Once you are in receipt of your SAR, all additional correspondence regarding the request for additional information will not be responded to, unless payment of £10 is received.


On the basis that the keeper (me) is resident in Scotland, vehicle registered in Scotland and issue occured in England, any advice on next step or response to this?

Coupon-mad

Yep, search the forum for that exact letter and read what's been said this week!

Umkomaas

On the basis that the keeper (me) is resident in Scotland, vehicle registered in Scotland and issue occured in England, any advice on next step or response to this?

There's no more you can do but wait to see what transpires. Procedurally the CCBC (dealing with England and Wales only) do not issue proceedings out of jurisdiction (Scotland) so it should be very unlikely that you will receive anything meaningful.

Nothing to lose sleep over. I'd stop scratching at the itch for now.