Previously settled claim, is coming alive again!?!?

jezza21

2 years ago I settled a sizeable PCN dispute (multiple PCN's) for a Britannia Parking run car park. I paid the law firm and that was it. Until....

Today I arrive home to a letter (I think it's an LBC) from a new law firm, telling me I had an outstanding balance! I believe they are chasing me for an already settled dispute!

I have email proof from the old law firm that they received my payment and in their words "I can confirm that this matter will not be pursued any further by our client"

My questions:
- Do I reply to the law firm, or Brittania Parking with my proof?
- Can I be as direct as to say "yes that was me, I was the driver etc... but it is settled" or do I still need to be illusive?
- Letter, email, phone or the law firms online account? What medium is best to respond via?

If I have missed something in the Newbies Thread please let me know - but I am yet to find another person who is having a previously settled case re-surface

onlyfoolsandparking

When you say you paid the Law firm did you pay the full amount or a negotiated amount and whichever one it was did you get that amount agreed in writing.


Is your email proof something along the lines of 'Full and final settlement' or as you say a confirmation the matter will not be pursued.


I think its a phishing exercise on the scumbags part and probably wont go anywhere, you could send them a 'prove it' letter asking them for full details of the alleged debt, this usually sends them back down their sewer.


No harm in naming on here both the Law firms.

beamerguy

jezza21 wrote: »

2 years ago I settled a sizeable PCN dispute (multiple PCN's) for a Britannia Parking run car park. I paid the law firm and that was it. Until....

Today I arrive home to a letter (I think it's an LBC) from a new law firm, telling me I had an outstanding balance! I believe they are chasing me for an already settled dispute!

I have email proof from the old law firm that they received my payment and in their words "I can confirm that this matter will not be pursued any further by our client"

My questions:
- Do I reply to the law firm, or Brittania Parking with my proof?
- Can I be as direct as to say "yes that was me, I was the driver etc... but it is settled" or do I still need to be illusive?
- Letter, email, phone or the law firms online account? What medium is best to respond via?

If I have missed something in the Newbies Thread please let me know - but I am yet to find another person who is having a previously settled case re-surface

are you certain you have had no more tickets since then ???

As asked above, who were those lawyers and guess the new ones are BWLegal.

The LBC should show parking ticket numbers

Half_way

Same ticket/event or a new one?


One of the issues when people do something daft, such as paying a private pakring ticket is that the PPCs will have you labeled as a mug and will ask for more

jezza21

The old law firm was SCS Law and the new firm is BW Legal.

The 6 new tickets that they are now trying to charge me for were issued months before I eventually settled and paid - I have settled and paid them already!

The email I have from SCS Law when I previously settled says this:

“I write to confirm receipt of the payment made by you for £XXX in full settlement of the below matter.

I confirm that this matter will not be pursued any further by my client”

So how do I respond to BW Legal? Do I send them a letter of this email printed out?

waamo

I would do just what you propose. Demonstrate you've paid and see what they come back with.

beamerguy

jezza21 wrote: »

The old law firm was SCS Law and the new firm is BW Legal.



So how do I respond to BW Legal? Do I send them a letter of this email printed out?

If this was me, I would simply say to BWLegal.

This amount has already been paid. please refer to your clients

Either Britannia has co*ked up or SCSLaw has not paid them ???

onlyfoolsandparking

jezza21 wrote: »

The old law firm was SCS Law and the new firm is BW Legal.

The 6 new tickets that they are now trying to charge me for were issued months before I eventually settled and paid - I have settled and paid them already!

The email I have from SCS Law when I previously settled says this:

“I write to confirm receipt of the payment made by you for £XXX in full settlement of the below matter.

I confirm that this matter will not be pursued any further by my client”

So how do I respond to BW Legal? Do I send them a letter of this email printed out?

But were the 6 'new' tickets included in the settlement you paid, do you have proof of that in some sort of breakdown as to what you paid related to which tickets.


Getting a bit confusing now and although I don't doubt YOUR side of affairs AND I wouldn't trust BW LYING legal as far as I could spit I think everything depends on what you have proof of having paid.


Of course they could pursue you through Court and then it would be up to the Judge to decide whether what you have paid is in full and final settlement of ALL the tickets or not.


I think they (BW scum) would be up against it if they did try Court but nothing surprises me with how these lowlifes work, its all about the money with them.


Maybe do as others have suggested, send them an email requesting they send this BS back to their 'client' as you have paid AND you have PROOF from SCS (another scumbag) Law.


If they still persist then send them a 'see you in Court' email, might call them off might not.


Its ridiculous that you find yourself in this situation and you shouldn't have to be fighting again BUT as has been seen and said on here many times, anyone can take anyone to Court and you HAVE TO DEFEND! the parking scammers and their Legal scumbags love default CCJ,s don't ignore out of annoyance we all know how you feel.


Maybe one of the more experienced regulars can advise on claiming your costs if the idiots take it too far.

DoaM

You paid ... therefore you are easily scared (in their eyes) hence low-hanging fruit ripe for picking.

MothballsWallet

And both of these legal firms are well-known for being, shall we say, 2 Watt bulbs in a place that needs 100 Watts? :whistle:

LoneStarState

Hmmm it does seem Britannia have massively made a fudge up of things.

Assuming the "balance" owed according to BW Legal is the same alleged debt you have historically settled with SCS, then it seems Britannia haven't properly marked your tickets as paid in their systems, and thus these tickets have been handed over to BW Legal for their recent bulk Britannia onslaught.

Thing is, once you paid up these tickets all that time ago, what lawful reasons are Britannia holding onto your data for? They must be retaining all the data regarding your 6 PCNs even though you've paid them. Might be wise to do a number of things (this again assumes that they are chasing the already paid tickets):

1. Tell BW in no uncertain terms that there is no "balance owed" as it was settled on x date as proven by the confirmation you received from SCS Law (provide that proof along with any reference provided on the BW Legal paperwork so they know it's you). They will likely respond by asking for personal data wholly unconnected with the issue to confirm who you are such as your date of birth and contact telephone number. DO NOT give them those details and highlight the harassing/distressing nature of their correspondence. If you give them a phone number they will likely start to also harass via phone. Order them to refer back to their client.

2. Submit a subject access request under the GDPR to Britannia requesting any data they hold on you. Once they've responded and given you the data they hold, invoke your right to erasure citing the fact these tickets were settled x amount of time ago and there is no lawful reason to be retaining this data, particularly when their systems have failed so spectacularly that you are being hounded a second time for the same tickets.

3. After you've seen the data about you they are still retaining and wrongfully processing, send them a notice that you wish to exercise your right to be forgotten under the GDPR i.e. that they delete any data they hold on you and any that their agents hold on you. Should they refuse, ask them on what basis and then begin the process of complaining to the ICO about their conduct (this will likely be a long drawn out process).

Hopefully they are not foolish enough to continue to pursue this (if these are the tickets you have already paid off). Britannia's vague privacy policy states they may retain personal data for up to 7 years after the "contractual relationship" has ended with you. The cynic in me thinks they might use this retained data to profile alleged "transgressors" of their car parks in order to get easy money by hitting easy targets. This unfortunately might be the case for you. SCAM indeed.