Court Claim Britannia BW legal again

Norfolkinchance

Hi to all the contributors on this fantastic forum, all the information has been incredible and helped me no end so far as this had been very stressful until reading posts/Newbie info.

I received a court claim dated 26 Feb and have so far gone on and completed the AoS online.

I have started to compile my defence and will post up draft once it’s nearer the deadline.

A bit of background for you. Britannia parking have instructed BW Legal for an unpaid PCN dated from sept 2017. On the date in question I was in Hospital after having a major operation a week prior and as such would not have either been able to drive the car to the car park or remove it on the date of PCN. I was definitely not the driver. The driver did not have a PCN on the windscreen when returning to the car and due to time of day the driver parked the car in a small unlit car park near the hospital and did not see any signs.
I had also moved house a few weeks prior to my operation and until the middle of last year knew nothing about the PCN.
After discussing with a few people locally who also had PCN’s in this particular car park it was recommended to ignore it as no one seemed to have had any further letters/court claims.
In December I received a LBC from BWL and did a SAR request to Britannia but received nothing back.
I have emailed Britannia again after receiving the court papers but still have had nothing back regarding the SAR as yet. Is it worth sending a SAR to BWL?

If anyone has any suggestions of previous cases I can reference for my defence or similar defences to my scenario that would be very much appreciated as beginning to get a little worried now.

Thank you again

KeithP

Hi and welcome.

With a Claim Issue Date of 26th February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 1st April 2019 to file your Defence.

That's nearly three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

Britannia parking have instructed BW Legal for an unpaid PCN dated from sept 2017. On the date in question I was in Hospital after having a major operation a week prior and as such would not have either been able to drive the car to the car park or remove it on the date of PCN. I was definitely not the driver.

Good. I'm not sure if Britannia's NTKs in Sept 2017 used the right POFA wording? If you have kept the NTK, look at the words lower down, about who is liable after what period if they are not told who was driving.

Also, keeper liability is not met if there is no 'adequate notice' of the parking charge:

the driver parked the car in a small unlit car park near the hospital and did not see any signs.

Never send a SAR to BW Legal.

Chase up the one you sent to Britannia in December - by email to their DPO, we hope, as per their privacy page?

Norfolkinchance

Hi Keith and Coupon

Many thanks for your super fast responses.

I will chase up Britannia regarding the SAR, I used the DPO details from their privacy page.

With regards to the NTK, not sure I even have this, I will have a dig through the paperwork.

Many thanks again

Norfolkinchance

Hi everyone

Just to bring things upto date whilst I’m compiling the defence.

I can’t find any correspondence from BP including the original NTK. This maybe due to the fact we moved address around the time of the parking incident and until late last year I hadn’t received anything regarding this PCN. I had all post redirected but I’m sure I never received anything in the post.

I have had a response from BP after chasing up the SAR. This is where it all gets slightly funky. I didn’t put the PCN number on my SAR email and just the vehicle registration, subsequently they have sent me photos and other rubbish info from a different PCN which has already been settled (my hubby paid it the day after issue as I had a PCN on the windscreen in this instance and didn’t know at that time about this amazing forum and the rip off parking sharks). The letter from BP states that this is the only PCN they have on record for our registration and no mention of the one they are pursuing through BWL!! Is it worth sending a follow up email ASAP stating the correct PCN number we are chasing the SAR for?

I can post up the letter if you need/want to see it.

Many thanks in advance

Le_Kirk

I would be wondering why they still held that data after the invoice had been paid!

Coupon-mad

Email the DPO of Britannia back, and say;

- why have you failed to erase this archive data? How dare you retain data about an old PCN this long, without justification? Erase the records immediately.

- why have you failed to show me the PCN that your horrible firm are suing over? You cannot cherry pick what you show law abiding victims of your little game, when it comes to a SAR. You are clearly out to mislead me, waste my time and withhold data and your firm should be ashamed of what you do.

- you now have this coming week (by Friday) to show me the SAR data for PCN xxxxxxx (photos and all comms, as well as case notes, updates, whether human or electronic records, and any sharing of my data with any party other than your solicitors).

Having provided you with the VRN and my details, you certainly had enough information to provide me with the above, and you will be reported to the ICO if you continue to obfuscate the SAR and hide the data of PCN xxxxxxx.

Norfolkinchance

Thank you so much for your reply.

I will send the DPO another email regarding the SAR with your fantastic response & let you know the outcome.

Many thanks again

D_P_Dance

Have you read these? Have they adhered to them? If not, complain to your MP.

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Castle

Le_Kirk wrote: »

I would be wondering why they still held that data after the invoice had been paid!

Companies have to keep accounting books and records for 6 years under the Companies Act.

Le_Kirk

Castle wrote: »

Companies have to keep accounting books and records for 6 years under the Companies Act.

True but that is not personal data.