Waitrose, BW Legal, Britannia Parking, John Lewis Legal team

BS_Newbie

2nd attempt for BPA
What's this?



Dear sir
I am the registered Keeper of a xxxxx car with number plate xxxxxxxx. I have been sent 5 letters relating to Parking Charge Notices (PCN’s) from 2016 and 2018 from one of your members, Britannia parking, at the Waitrose car park in Bishop’s Stortford (invoice numbers and dates of the PCN’s are confirmed below).

Two of these PCN’s were for exactly the same time period on 20/12/16 (observed from 10:40:00 & observed to 12:35:41) and (observed from 10:40:18 & observed to 12:37:41). I was never the driver at the times these PCN's were issued.

I have included with this email photographs that shows the signage that was present in 2016 and 2018 and as you can see the signs in 2016 had clearly been tampered with and display the word PENALTY very prominently which had been covered over by green sticky tape. You will also note that on entry to the site there are no full terms and conditions that the driver of a vehicle could read as they drive in.

I would be very grateful if you can please confirm if you think that for the signage shown in the enclosed photographs, your member, Britannia Parking, has provided proper signage that was clear and in full compliance as laid out in the BPA Code of Practice at the dates in 2016 & 2018 as per the PCN's and as shown against each sign?

Can you also please confirm if you have audited signs and what the date are of the audits that were carried out?

I have been sent a Letter dated 08/03/2019 from BP informing me that they have instructed their legal department, BW Legal to commence legal action against me in the form of issuing a claim against me in the county court in respect of unpaid “debt” if full payment or a response is not received by the 11th April 2019. I would therefore appreciate a reply from you as soon as possible please.


PCN Tickets
1) PCN No xxxx 20/12/2016
2) PCN No xxxx 20/12/2016
3) PCN No xxxx 13/01/2018
4) PCN No xxxx 12/11/2018
5) PCN No xxxx 15/11/2018


I look forward to your reply.

beamerguy

Your BPA letter requires a reply from them, it's what they say that matters

It's your Waitrose letter that's too long

NeilCr

What Beamerguy is saying.

The Waitrose letter is too long and too ranty still.

I know CAB aren't very popular on this forum but as a volunteer there I'd like to compare what we do to this situation. Although I wish I was getting the Waitrose CEO's salary!

We (where I am anyway) have a limited time to see a client. We have no idea what clients are coming in for - one of the major challenges is to get them to dilute their problems in to something we understand and can deal with. They know their story - we have to catch up quickly and the best way to get there is to get it as simple as possible

Crudely

What's the background

What's the problem

What outcome do they want

How can we help with that.

Your Waitrose CEO - as pointed out - isn't going to spend much time on this and won't know anything about the intricacies of parking

So.

Your background

A bit about how this has occurred



Your problem

You have tickets which were issued incorrectly/illegally

Your outcome

You would like the tickets cancelled

How can the CEO help

By arranging for the tickets to be cancelled

Obviously, there is more to be added but keep it concise. Beamerguy's suggestions about keeping it at the level they will understand are spot on - it's about retaining customers and customer satisfaction. That's your focus.

All the stuff about BP and BWL is pretty irrelevant right now and will distract and, possibly, annoy. As with us and our clients banging on about the evil DWP/the bloke down the road with the bad back who is getting benefits/etc.

Maybe something to be picked up later but, right now, what you want is to get those tickets cancelled

Coupon-mad

Glad to see the awful old-style NTK used in 2018 as well.

I remember now, whilst they changed their ANPR NTKs sometime in 2017(ish) they took ages to change the style of the 'NTK that follows a windscreen PCN' and that's indisputably NOT one that is capable of holding a registered keeper liable.

Like we said, no need to pore over detail in that NTK - para 8 wording just isn't there!

BS_Newbie

NeilCr wrote: »

What Beamerguy is saying.

The Waitrose letter is too long and too ranty still.

I know CAB aren't very popular on this forum but as a volunteer there I'd like to compare what we do to this situation. Although I wish I was getting the Waitrose CEO's salary!

We (where I am anyway) have a limited time to see a client. We have no idea what clients are coming in for - one of the major challenges is to get them to dilute their problems in to something we understand and can deal with. They know their story - we have to catch up quickly and the best way to get there is to get it as simple as possible

Crudely

What's the background

What's the problem

What outcome do they want

How can we help with that.

Your Waitrose CEO - as pointed out - isn't going to spend much time on this and won't know anything about the intricacies of parking

So.

Your background

A bit about how this has occurred



Your problem

You have tickets which were issued incorrectly/illegally

Your outcome

You would like the tickets cancelled

How can the CEO help

By arranging for the tickets to be cancelled

Obviously, there is more to be added but keep it concise. Beamerguy's suggestions about keeping it at the level they will understand are spot on - it's about retaining customers and customer satisfaction. That's your focus.

All the stuff about BP and BWL is pretty irrelevant right now and will distract and, possibly, annoy. As with us and our clients banging on about the evil DWP/the bloke down the road with the bad back who is getting benefits/etc.

Maybe something to be picked up later but, right now, what you want is to get those tickets cancelled

Very helpful NEil cr - thank you.

I've noted everything you said as well as everyone else who has contributed and this is the one I am going to send as its now incredibly short but covers, I think all the main points - I wont be taking anything else away from this version now but if there's something missing I am happy to add something
I will add a new repy for this latest amendment .

BS_Newbie

I have taken very careful note of all the advice and this is my final version - now incredibly short, fits on one page and hopefully isn't "ranty" I am happy to add anything if anyone feels I have now taken away something essential but I wont be removing anything else. -

Dear Sir

OFFICIAL COMPLAINT ABOUT BRITANNIA PARKING (BP) , AS AGENTS FOR WAITROSE

I am forced to make an official complaint to you because the actions of your agent, Britannia Parking and I am asking for your help in your capacity as the Managing Director to resolve a very upsetting and intimidating situation.

I am a customer of Waitrose and I am also the registered Keeper of a Car that has received several Parking Charge Notices (PCN’s) whilst parked at the Waitrose store in Bishop’s Stortford. I subsequently received several letters from Britannia Parking requesting payment for these PCN’s. Two of these PCN’s were for exactly the same time period on 20/12/16 (observed from 10:40:00 & observed to 12:35:41) and (observed from 10:40:18 & observed to 12:37:41). I was never the driver at the times these PCN’s were issued and it is unbelievable that Britannia thinks it is acceptable to try to extort two lots of payment for exactly the same time period! As a long standing customer of Waitrose, it is extremely disappointing that Waitrose has chosen to employ a company that uses such unacceptable practices to manage their car parks.

I have now received a Letter dated 08/03/2019 from BP informing me that they have instructed their legal team to commence legal action against me in the form of issuing a claim against me in the county court in respect of unpaid “debt” if full payment or a response is not received by the 11th April 2019. I am now expected to have to explain my actions to a third party private company who I have never had any dealings with, have no contract with, and who are demanding a lot of money from me . This seems to be an incredibly aggressive approach and I am very upset and have become increasingly angry about this entire episode.

I would be very grateful if you can confirm unambiguously whether you have given BP written authority to sue their customers through the county courts in England and Wales, and if so, what is the date of that authority?.

I have researched the matter extensively and it is my understanding that Britannia may have issued these PCN’s incorrectly and potentially illegally. I am aware of all the options open to me and I am willing to give Waitrose the chance to quash this threatened legal action and cancel all of the PCN’s once and for all.

I would respectfully suggest that Waitrose thoroughly research the company you are associating with. In truth, Britannia Parking have a terrible online reputation and are now suing customers over minor 'infringements' without referral to their clients. I am sure that Waitrose customers will not accept a highly respected company stooping so low that shopping with them could result in being taken to court. My family are horrified that Waitrose can allow such a notorious firm to harass customers on your behalf.

I would welcome your own view on this harassment and hope you see fit to intervene immediately to ensure that Britannia Parking cancel all the PCN’s forthwith and the proposed legal action.

I have included the PCN details below and I would like to thank you in advance for your assistance in this matter. As there is a deadline of next Thursday the 11th for me to respond to Britannia’s legal team before they commence legal action, I would appreciate a response from you as soon as possible.

PCN Tickets
1) PCN No xxxx 20/12/2016
2) PCN No xxxx 20/12/2016
3) PCN No xxxx 13/01/2018
4) PCN No xxxx 12/11/2018
5) PCN No xxxx 15/11/2018

yours faithfully
xxxxxxx

beamerguy

OK, it's still a bit long but you do have a lot to say.

What proof are you providing that you are a loyal customer, Waitrose card or redacred bank/credit card statements

Copy in the JL MD

As you are sending this by email, suggest you phone Waitrose
an hour after to confirm it has been received

BS_Newbie

beamerguy wrote: »

OK, it's still a bit long but you do have a lot to say.

What proof are you providing that you are a loyal customer, Waitrose card or redacred bank/credit card statements

Copy in the JL MD

As you are sending this by email, suggest you phone Waitrose
an hour after to confirm it has been received

The RK has a Waitrose card and they apparently always pay cash (old fashioned) and unfortunately they don't keep their receipts either !! I had put in the original draft the Waitrose loyalty card number but when the RK read it they were a nervous about that but I felt it better to have it in so I have added it now to the final email.

The MD of JL has been copied in on the email. - RK is out this morning but the email should be sent by lunchtime today and that's a very good suggestion to phone them up to ensure its arrived.

Thank you

BS_Newbie

Emails being sent today to Waitrose MD & Cc'd to John Lewis MD, BPA, Britannia Parking and BW Legal.

I rang Britannia to find out the name of the the data protection officer - they dont have a specific person but for anyone else on here who needs to write to BP DPO the email is dpt@britannia-parking.co.uk.

1st the SAR request that's going to BP ( slightly adapted from a janp 2019 thread on this forum)

Data Protection Officer
Britannia Parking
7th Floor
County Gates House
300 Poole Road
Poole
BH12 1AZ

05/04/2019

Dear Sir or Madam

Subject Access Request

PCN Tickets
1) PCN No xxxxx Date of PCN - 20/12/2016
2) PCN No xxxxx Date of PCN - 20/12/2016
3) PCN No xxxxxx Date of PCN - 13/01/2018
4) PCN No xxxxxx Date of PCN - 12/11/2018
5) PCN No xxxxxx Date of PCN - 15/11/2018
Vehicle registration: xxxxx

I am writing to you so that I can verify that my personal data has been lawfully obtained and processed in relation to the PCN tickets listed above .

I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper for visits to car parking sites managed by your company. It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection.

Please supply the information about me which I am entitled to under the Data Protection Act 2018 and relating to but not limited to :-
• Copies of all Data and or Documents you hold mentioning my name or any details relating to myself including but not limited to :- vehicle registration, contact details, PCN numbers all photos taken
• Full email history (sent and received) and the emails mentioning PCN number, myself or vehicle registration/contact details etc
• All interaction made with any other private company where data regarding my PCN number/vehicle/details have been discussed.
• A list of all telephone calls made where my PCN or details are mentioned and details of what was said.
• Of Particular interest is any documentation trail showing how and who has sold/passed my details relevant to the PCN or personal details.
• Copies of all documents/email/ or communication by any other means.
• Details relating to what information is viewable by any external companies handling mail on your behalf, i.e. are envelopes sealed prior to being issued to mail handling companies used if applicable.
• I request a full itinerary of what happens and what stages my data is processed under whilst in your database
• All evidence you will rely on in court
• A full copy of the Parking Charge Notice/s and the Notice to Keeper
• A list of all Parking Charge Notices you consider are outstanding against me

Data protection law requires you to respond to a request for data within one calendar month and that under new GDPR Data Protection Act 2018 no fee is payable.

If you do not normally deal with these requests, please pass this email to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.
Yours faithfully

RK NAME

BS_Newbie

email going to BW legal

Dear Sir or Madam,

RE: LETTER OF CLAIM DATED 08/03/2019
YOUR REFERENCE xxxxxxxxxxx

I am writing to request all documents that you intend to use in court against me.

I am waiting for Britannia Parking to respond to a SAR and I am also seeking debt advice. I therefore suggest that you delay any intended action.

I would like to add that your client has failed to comply with the requirements of POFA 8 (4): As such, they cannot hold me, the keeper, liable for the actions of the driver.

Yours faithfully,
RK NAME