BW Legal Letter of Claim - Issued to business not individual

claireym16

Before I start, I would like to mention I have read the newbie thread but my case is a little different and we am struggling to find the answers I need...

Received a fine in May last year for overstaying our welcome in a city centre car park. It was previously free after 6pm but the charges had changed and we was not aware (and the signage did not indicate parking regs had changed).

Car is registered to my husband's small family business so was able to intercept all letters and told them not to pay anything or reply to anything. We have ignored all correspondence but have now received a Letter of Claim. The 'fine' was for £85 and they have added a fee of £60 on top. If the business don't pay now, the charges will supposedly go up to at least £225.

All of the letters are addressed to a business and they have no idea who the driver was. Do they therefore have the right to take the company the court as I thought these only applied to individuals? My other half is now rather concerned and cross with me for telling him to ignore everything.

The question is... do we complete the reply forms or continue to ignore? Is it still worth making a subject access request? If so, can someone please let me know what to say as we are wanting to highlight this is directed at a company and not the driver.

On a separate note, the signage in the car park is rather confusing (we have photos). And they had no signs up to say new charges apply which we would expect to appear for several months after changes have been implemented. We guess we will need to save this for court proceedings!

Thanks in advance for your help.

Redx

edit the above

it was the DRIVER that was issued with a PCN (not what you said because no private company can "fine" you , its not a criminal offence, its a civil matter) - so its an INVOICE

of course they can take a company to court, no question about it

but if they failed POFA2012 and have no idea who the driver was, plus failed to follow the CoP on new signage and bedding in periods, they may well lose in court

yes send a SAR , as the business itself, with prtoof like a scan or pic of the V5C

which PPC is it ? Britannia ? NCP ? who ?

and IGNORE has been foolish since oct 2012 (POFA 2012 for england & wales), so an initial appeal should have been made at the time, so DO NOT IGNORE any more of these

so edit post #1 above , email the SAR, then read post #2 carefully (of that NEWBIES FAQ sticky thread) - no blabbing about who was driving, to anyone

claireym16

Thanks Redx. Was unsure about sending an SAR as they relate to individuals and not to companies so I was thinking of quoting other regs as well (FOI/GDPR?).

It is Britannia Parking - letter from BW Legal. I had no idea the ignore route was not a good one as I have never had one of these before but I have heard of lots of people ignoring them in the past. Kicking myself now as I assumed it being issued to a business might be different. I am now very careful about where I park!

We no longer have the V5C as the car was sold on a couple of months later (before the letters started arriving!).

Already wise to not disclosing who was driving too!

Redx

post #1 above reveals who was driving, so not wise enough !! lol (or do you believe that B W LEGAL and BRITANNIA are unable or too stupid to screenshot this thread on a public forum ?)

your FLEET MANAGER (you ?) should be aware of all rules and regs and laws surrounding these issues, so read the advice by edna basher in his posts on here (start with the botton of post #1 of that newbies thread)

the SAR should be as the business itself, to find out what data they hold on the business, pcn , ntk , dvla details etc, businesses have to abide by the GDPR just the same as anyone else, use a pic of the LoC or some buisiness letter etc as justification for the SAR

these matters have not lapsed unti, 6 years has passed, so anything from march 2013 is fair game

THIS SHOULD HAVE BEEN APPEALED AT THE TIME, by the business, following the edna basher advice on here, and then to popla

you can expect an MCOL from the CCBC in Northampton to follow , in the name of the business, unless the SAR pushes BRIT to cancel

KeithP

claireym16 wrote: »

Already wise to not disclosing who was driving too!

Then please edit you opening post as Redx suggested earlier.

The PPCs trawl this forum just waiting for people to trip themselves up and can try and use your posts against you.


Also, have you derived your forum username from your real name?

If so, you would be wise to get your forum username changed to something very much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Umkomaas

With a small claim against a business, the claimant has the option to have the hearing at their nearest court, unlike against an individual where that individual would choose their own nearest court.

Where are you based compared to Britannia's main location?

ImNoExpert

claireym16 wrote: »

car is registered to small family business -
all of the letters are addressed to a business and they have no idea who the driver was.

Did the car have any company branding? Email the DVLA (SubjectAccess.Requests@dvla.gov.uk) to see if the parking company have actually requested keeper details. Under POFA12, they can NOT transfer liability if all they have done is used branding from the vehicle to Google the company address.

claireym16

Thanks all for further tips. Post edited and will alter my username. We are based in the south.

Umkomaas

claireym16 wrote: »

Thanks all for further tips. Post edited and will alter my username. We are based in the south.

Britannia are based in Poole, Dorset. It could have been worse, you might have been based in Carlisle!

claireym16

ImNoExpert wrote: »

Did the car have any company branding? Email the DVLA (SubjectAccess.Requests@dvla.gov.uk) to see if the parking company have actually requested keeper details. Under POFA12, they can NOT transfer liability if all they have done is used branding from the vehicle to Google the company address.

No company branding, they would've gone to the DVLA.

claireym16

Just heard back from BW Legal regarding the SAR and they are refusing to put my case on hold unless they hear from Britannia. Are Britannia likely to respond in time? Deadline is 22/03 and I put the request in 4 days ago.
I need to return the reply form (but NOT the personal details bit) and I will leave it as late as possible to do this. I can't find any text to help me put together a reply using the SAR data (my eyes actually hurt). The Newbie's thread seems to skip this and go straight to court action and I have tried numerous searches with no luck.