Britannia/BW Legal Is it too late? PCN Portswood

FineForWhat

So Britannia finally responded to my SAR and I’m not sure that it covers anything I requested? Here’s a copy:

Thank you for your email.

Please find enclosed your Subject Access Request.

Our records indicate you have 1 PCN on our system.

The signage in the car park advises you that “Where the Parking Charge remain unpaid beyond 28 days, additional charges in respect of further action may apply.”

The signage also advises that “Personal data may be shared with POPLA, BPA, Debt Recovery or solicitor’s”.

We do not sell on aged debt, this would be a breach of the BPA Code of Practise and therefore, there is no payment. Britannia Parking will always remain as the creditor for the outstanding debt.

The outstanding balance of the unpaid Parking Charge Notice still remains. Additionally, you are also liable for the £60.00 instructions fee, as your file has been passed to debt recovery.

Please refer to the Debt Recovery letter or Letter before Claim, which clearly documents the fees and costs we are claiming for.

Kind Regards,

beamerguy

One must wonder who writes these replies

The signage in the car park advises you that “Where the Parking Charge remain unpaid beyond 28 days, additional charges in respect of further action may apply.”

BUT does the sign actually say the charge would be £60 ???

We do not sell on aged debt, this would be a breach of the BPA Code of Practise and therefore, there is no payment. Britannia Parking will always remain as the creditor for the outstanding debt.

Of course, this is true but if there is no payment made by Britannia, why would they attempt to charge a instructions fee which is double recovery adding to a debt.

An instructions fee such as a bank or mortgage broker would have to be accepted. The client will be made aware of the amount first.
Ambiguous wording such as "may apply" and without a fixed figure clearly showing, there is no contract to pay £60

Small type in the T&C's which they expect a motorist to understand
and read is not acceptable, not for you or a county court judge.

An instructions fee ???? That would indicate they have instructed a debt collector .... but did they pay that debt collector ? If you ignored the debt collector and in particular DRP, they offer a "no win no fee" so it's FREE to Britannia

If Britannia wish to instruct a debt collector, they can email instructions ......... an email does not cost £60

The conclusion is that Britannia are adding fake charges for profit.
The conclusion is that Britannia is attempting to extort money

It is very sad that the BPA accept members who attempt to extort
money from motorists ...... and the BPA say "they are driving up standards ???? what rubbish

FineForWhat

How long does it take for them to upload my defence? I scanned it to them on Thursday but it is still not showing on MCOL

Umkomaas

MCOL are running about 6 working days behind schedule.

Coupon-mad

FineForWhat wrote: »

So Britannia finally responded to my SAR and I’m not sure that it covers anything I requested? Here’s a copy:

Thank you for your email.

Please find enclosed your Subject Access Request.

Our records indicate you have 1 PCN on our system.

The signage in the car park advises you that “Where the Parking Charge remain unpaid beyond 28 days, additional charges in respect of further action may apply.”

The signage also advises that “Personal data may be shared with POPLA, BPA, Debt Recovery or solicitor’s”.

We do not sell on aged debt, this would be a breach of the BPA Code of Practise and therefore, there is no payment. Britannia Parking will always remain as the creditor for the outstanding debt.

The outstanding balance of the unpaid Parking Charge Notice still remains. Additionally, you are also liable for the £60.00 instructions fee, as your file has been passed to debt recovery.

Please refer to the Debt Recovery letter or Letter before Claim, which clearly documents the fees and costs we are claiming for.

Kind Regards,

Do you mean they haven't enclosed ANY data - photos, letters etc? It does say 'please find enclosed' so what have they missed out, we can't guess?

FineForWhat

No attachments or photos that was their full response. Here’s a copy of the SAR I sent:

1. All Photos taken
2. A close up of the signs on the day in question
3. Evidence of your payment to a debt collector
4. All letters/emails sent and received, including any appeal earlier correspondence
5. All data held, all evidence you will rely on, and a full copy of the PCN & NTK
6. A copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA Code of Practice section 7 including any clauses on entry and exit grace periods, and genuine customer clauses for the retail site.
7. Are you pursuing me as the driver or keeper?
8. Is the claim for trespass? if so, provide details.
9. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide me a copy of that contract.

Umkomaas

FineForWhat wrote: »

No attachments or photos that was their full response. Here’s a copy of the SAR I sent:

1. All Photos taken
2. A close up of the signs on the day in question
3. Evidence of your payment to a debt collector
4. All letters/emails sent and received, including any appeal earlier correspondence
5. All data held, all evidence you will rely on, and a full copy of the PCN & NTK
6. A copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA Code of Practice section 7 including any clauses on entry and exit grace periods, and genuine customer clauses for the retail site.
7. Are you pursuing me as the driver or keeper?
8. Is the claim for trespass? if so, provide details.
9. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide me a copy of that contract.

I’m afraid a SAR is not designed for 2, 3, 6, 8, 9. They will have no link to your personal data.

In 1, you need to be much more specific ‘all photos taken’ is so wide open, so they’ve (probably legitimately) ignored it.

In 4, ‘all letters/emails’ ... as above.

In 5, you’re unlikely to get ‘all the evidence they will rely on’, and again the request is too wide open.

In 7, the reason they are pursuing you can be argued that personal data does not come directly into play.

So you need to pick through those and decide how to go forward. If you’re going to respond, remember you should only ask for the personal data they hold about you and/or your vehicle’s VRM.

The other things you’ve asked for would be appropriate in a response to a Letter Of/Before Claim, Asan entitlement under the Pre-Action Protocol for Debt Collection (PaP).

Coupon-mad

No attachments or photos that was their full response.

So no attachment, even when you use a laptop (not looking on a phone)?

Obviously email back and point it out.

FineForWhat

Apologies it's been a while, haven't had much correspondence in relation to the PCN recently. Have reviewed the SAR and there are attachments so my mistake.

It seems the case is going to court, I've been given a date in September which I'm dreading.

KeithP

FineForWhat wrote: »

It seems the case is going to court, I've been given a date in September which I'm dreading.

A perfectly natural reaction.

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU