Letter of claim to old address- v5 updated

Coupon-mad

I agree and you can use it as part of painting a picture of unreasonable conduct in litigation and a failure to follow the CPRs (and pre-court, the PAP for Debt Claims).

See sassii's thread about the person who just got £1250 from a PPC for unreasonableness!

Have you done this yet? Drafted a defence like all the others exactly the same as yours?

...usernames of 10 or more other PPS threads - you should search this forum members' list one by one, and read their defences.

spicygirl

Thank you. I will spend the day on it tomorrow.

spicygirl

I have started my defence and have found a lot of useful info on other threads. I am ready to send my reply form to PPS and would be grateful if anyone can look it over before I send it, cheers


THIS IS THE REPLY FORM

Further to your correspondence regarding the parking charge in dispute (XXXXXX) I am writing to you to obtain information about the landowner of the car park in question; The Ship, Derriford.

Please forward to me copies of your authorisation from the landowner (which may be Burrington Estates?) and from Plymouth City Council to enable you to issue ‘fines’ on this land. I have attempted to obtain this information but Burrington Estates are very elusive.

I require this information to assist me in preparation of my defence to your threatening letter dated 15 January 2019, in which you attempt to obtain very personal and private information - including my income, my partners income, benefits I may be receiving, my mortgage/rent payments and other confidential data. I am contacting the information commissioner to ask why you are permitted to scare people into disclosing their personal and private information.

What is worse you state in the letter that ‘’ We appreciate that this is a lot of personal information. The more you complete the better insight we have to help you’’ This statement is patently untrue - you are only interested in obtaining inflated payments for something under dispute- and which a court will decide - you are not trying to help anyone.

Please note that I also consider your ‘Estimated total’ of £252.47 to be extremely threatening and exploitative.

I am also in correspondence with my local M.P - Kevin Foster, who is taking a particular interest in private parking companies and the tactics they use to frighten people into paying these inflated charges.

Coupon-mad

I require this information to assist me in preparation of my defence to your threatening letter dated 15 January 2019, in which you attempt to obtain very personal and private information - including my income, my partners income, benefits I may be receiving, my mortgage/rent payments and other confidential data. I am contacting the information commissioner to ask why you are permitted to scare people into disclosing their personal and private information.

Sadly they have to send those forms, as set out in the PAP for Debt Claims. So please don't concentrate on the wrong thing.

As you are at LBC stage (not defence yet) you should be doing what the NEWBIES thread tells you to do and send a SAR to PPS for copies of every letter, the PCN and all photos, and then send BW Legal a holding letter that:

- tells them you've requested a SAR from PPS
- confirms your new address for service, and tells them to make sure they and their client update the data to remove and erase the old address so that they do NOT use it for any claim, and
- tells them that you are not liable as keeper as their client didn't use the POFA, so they have no cause of action against you unless they have evidence of the driver that day, which the SAR will disclose, if such evidence is held.

And do add this!

Please note that I also consider your ‘Estimated total’ of £252.47 to be extremely threatening and exploitative.

I am also in correspondence with my local M.P - Kevin Foster, who is taking a particular interest in private parking companies and the tactics they use to frighten people into paying these inflated charges.

spicygirl

A quick update. BWlegal have now responded to me twice, in writing. They have acknowledged my SAR request and then sent the data. BOTH LETTERS WERE SENT TO MY OLD ADDRESS! The second envelope actually included a printed copy of the email I sent them informing them of my change of address etc. I am now reporting them to the ICO as they have sent my data to a rental property and are not looking after my private information.

Le_Kirk

Did you send a rectification notice to the DPO of the PPC or just mention your change of address in general correspondence? Worth send that rectification notice as well as your complaint to the ICO.

spicygirl

I sent this, of which a copy was sent back to me - at the old address

Dear Sir or Madam

I am writing to inform you that I have recently discovered that you have sent some correspondence regarding the above matter to my old address:
XXXX
XXXX
I moved from this address in XXXX and informed the DVLA and amended the V5 of the vehicle of which I am the registered keeper. XXXX
My current address is:
XXXX
XXXX
As it is over 2 years since I last received any correspondence regarding this matter I have contacted Premier Parking Solutions with an access request for all of the information they hold to enable me to respond to the matter.

I would like you to also send me all relevant information as I may not have received important documents due to you sending correspondence to my old address. I would expect that no action will be taken by yourselves until I am fully informed of all relevant information regarding this matter. Please confirm that this is the case.

I would also like to make it clear at this stage that I will vigorously defend myself in this matter. Please refer to all correspondence from PPS to myself - you will note that a ticket was purchased and sent to PPS, and that PPS incurred no loss.


Yours faithfully

XXXX

DoaM

spicygirl wrote: »

I sent this, of which a copy was sent back to me - at the old address

The expression "hoist by one's own petard" comes to mind.

Edit: did you send the same to PPS? Or just to BW Legal?

spicygirl

Sent to both ����

Coupon-mad

Email a Rectification Notice about the right address to the parking firm's DPO and demand that the old address data is erased.

Use the words 'rectification' and 'erase' as they are GDPR data rights.