NCP Fine - BW Legal Letter of Claim

RINCO

Hi.

On 17th August 2018 I drove into an NCP ANPR controlled Pay and display car park with the intention to park however I picked someone up instead. I didn't enter a marked bay or leave the vehicle. I left the carpark 13mins later. I did not pay any parking charge

PCN has been issued and BW legal now involved. "They have sent a letter of Claim" which states that if payment of £160 is not received by 2nd March 2019 they are instructed to issue a claim against me in the country court. I have not had any dialogue with BW Legal.

As stated in newbie thread I have just submitted a SAR to NCP which reads as follows:

1/2/2019.

NCP

Dear Sir or Madam

Please supply the data about me that I am entitled to under GDPR data protection law in relation the person below at the below address:

MrXXXXXXXXXX - XXXXXX, XXXX, XXXX, XXXX, XXXX

This is specifically regarding a 'Contravention' that occurred on 17th August 2018. at Lincoln Brayford Street Car Park LN5 7BJ. Number Plate XXXXXX

Supply:

- ALL photos taken / CCTV Footage to support the claim.

- A close up of the parking signs as displayed on 17th August 2018

- Proof of payment from NCP to a debt collection firm to instruct them to collect the debt owed by the person aforementioned.

- A copy of all letters and emails from the date of contravention from NCP

- A copy of the PDT Machine record for 17th August 2018.

- ALL data held regarding the debt.

- ALL supporting evidence regarding the debt.

- A full copy of the PCN, NTK

- A list of all PCNs outstanding against myself.

Data protection law requires you to respond to a request for data within one calendar month.Yours faithfully

Regards

is there anything else I should do? or now just wait until the result of the SAR and post back here??

Jetslick

The SAR was right the step so well done on that. Have you tried contacting the landowner?

RINCO

Do you have a link for that? Or info in how to do so make I missed that bit. I assume this is to check that the parking company has the right to trade?

beamerguy

RINCO

What you say and what you say in the the SAR are two different things. Did you actually pay ....... did not think so because you drove in and drove out again within a time period that the BPA allows

FROM THE BPA WEB SITE
“No time limit is specified. This is because it might take one person five minutes, but another person 10 minutes depending on various factors, not limited to disability.”
https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

That's 10 mins in and 10 mins out which of course will depend on the traffic load at the time

NCP has already been told this by the BPA as before they instructed BWLegal and then passing data to the legal

EDIT YOUR POST TO REFLECT THIS PLEASE <<<<<

Complain to Steve Clark of the BPA steve.c@britishparking.co.uk

You must respond to BWLegal especially as they have added a fake £60 to the amount.
Rebut everything you disagree with

BWLEGAL ADD ON A FAKE £60 ?
In addition to the 'parking charge', the Claimant's legal representatives, BWLegal, have artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole

RINCO

Thanks, Edited.

Is the best way to contact BW by post? And simply put that I refute everything to do with this 'contravention' especially the £60 charge? Anything else to add?

I will Email steve and highlight the points you have stated regarding 10mins in 10mins out this is great as the person I was collecting is disabled. (Has a disabled badge)

Redx

send a LoC rebuttal to B W LEGAL , as mentioned in that NEWBIES thread

Coupon-mad

The NEWBIES thread already gives you all the advice you need, including a SAR link.

RINCO

I have written and sent a rebuttal to BW. I guess its a waiting game from now. Will update this thread further as and when thanks for your help.

Dear Sir / Madam
With Regards to account number XX in the name of XX. I have sent your client; National Car Parks Limited a Subject access request under section 7 of the Data Protection Act 1998 Dated 01/02/2018. Therefore I require a restriction of my data processed and the account be put on hold until your client fulfils the full criteria of the subject access request.

Sincerely yours,

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

RINCO

Hi, update on this 4/2/2019

BPA have replied and sided with NCP. Key quote being:

the main issue is that you used the facilities of the location without paying for them - whether you had parked as such will be something for a Court to decide, I believe that you did, you believe that you didn’t - we will have to agree to disagree on this point.

with regards to the grace period argument:

With regards to the Grace Period at the end of the parking event, I believe that this would have definitely applied had you paid for your parking but as you did not, the matter is less certain. As stated previously the Grace Period is not a period of free parking and I therefore contend that the failure to pay for your parking does not give you access to the Grace Period at the end of the parking event.

So the wait continues regarding the SAR. I have also sent a further email to BW legal of rebuttal as I did not mention the £60 legal costs charge. I thought it was worth mentioning.

Further to email dated 2/2/2019 I rebut the charge of £60 you have added to this account: for 'initial legal costs'. I believe that this figure is an invented figure which has not actually been incurred by the Claimant.

beamerguy

the main issue is that you used the facilities of the location without paying for them - whether you had parked as such will be something for a Court to decide, I believe that you did, you believe that you didn’t - we will have to agree to disagree on this point.

Was that really the reply from the BPA ??? Who signed it ??

We know that THE BPA are currently running backwards on their uphill struggle to prove they are valid.

The BPA don't even understand what Kelvin Reynolds, Head of Public Affairs has said about grace periods

When the new government CoP comes into force, the BPA will have little say and they can remain in the Gobi desert

I therefore contend that the failure to pay for your parking does not give you access to the Grace Period at the end of the parking event.

A grace period allows you to make a decision before paying and parking ??
Who signed this letter