Update on SAR request from Premier Park Ltd

Hazelp

The drivers original Thread was:-

In September 2015 the driver parked the hired vehicle in Premier Carpark in Torquay. The drivers partner paid the fee using a machine and as they pressed enter they realised they had done so without entering Number plate. The machine issued a ticket and so the driver and partner both assumed that this would be okay to pay and display as any parking attendant would see that they had a valid ticket. Also, why would a machine issue a ticket if it wasn't complete of all information needed?

The hirer received a parking invoice through the post and then they wrote to them explaining the error and how if they looked on their records to see if anyone had paid a ticket that day and time period and not entered number plate, the hirer explained this was a genuine error and that the ticket machine issuing a ticket without all information needed is at fault for issuing it. The parking company were still adamant that due to signage the hirer had not followed the guidelines and so the hirer is liable for the invoice. The parking company also said the hirer could write to popla to appeal at which they did and unfortunately Popla agreed with Premier.

The hirer ignored all letters from them, as advised on parking forums at the time, and the letters eventually stopped.

Over 3 years have gone by and on 18th April 2019 the hirer received a letter from BW Legal saying that they are now dealing with the unpaid invoice and that the hirer has 14 days to pay otherwise Premier will commence legal proceeding. Two weeks later the hirer received a Letter of Claim which states if payment or a response is not received by 2nd June 2019 they have been instructed to issue a claim against the hirer in the County Court without notice.

The hirer has looked in Forums to see what they should do next. On the NEWBIES forum it recommends the hirer request a SAR and write to BW Legal to request they put a hold on the case.

Any other advise would be good. The hirer tried reading more on the NEWBIES forum but found it difficult to get their head around.

Thank you.

1. SAR requested to Premier Park Ltd
2. Informed BW Legal of the hirer request and asked for case to be put on hold until SAR received.





Update.
The hirer received email today from BW Legal saying that they are acting on their clients instructions to recover the balance which remains due etc, etc. They also said the information about the right to restrict processing only applies in certain circumstances, and their view is the hirer case is not applicable. The hirer case will not be suspended from further collections activity unless they are instructed to do so by Premier.
The hirer has a question.....does the hirer contact Premier Park asking for them to contact BW Legal to put their case on hold until the hirer receives the SAR info they are waiting for? SAR could take approx 30 days, this takes the hirer up to 6th June, BW has given the hirer up to 2nd June..!

Update 16/05/19
BW Legal have emailed to say they are in receipt of my email (requesting time to seek legal advice), and that the matter is being queried and file placed on hold.

Update 30/05/19
SAR received but lacking PDT info that I requested was important, sent email to DPO to ask for them to send it ASAP, they emailed back saying that are not prepared to send it as they are not obliged to.
(One can assume they have not got the information any more and are using excuses not to send the information needed)

Umkomaas

Write to BWL and tell them you are taking debt advice (use those words) then they are legally required to suspend action. But it only buys you some time, not an indefinite amount.

So that you understand the situation regarding BWL activities, the following is a standard reply I give to bring people who are facing their claim up to date with current understanding. It applies as and when a county court claim is issued against you.

Read the following thread. Your can learn how to bat off their advances and work to get them to capitulate.

https://forums.moneysavingexpert.com/discussion/5999048/successful-pre-court-win-vs-bw-legal-britannia-parking

BRITANNIA or NCP or PREMIER PARKING or TPS / BW LEGAL CASES

As you will see from the first few pages of the forum, there is an onslaught by BWL on behalf of Britannia, NCP, Premier Parking or TPS (and a few other hitherto court-shy PPCs) which is being conducted on an industrial scale - roboclaims.

You are caught in a one-way traffic flow where you must fight or pay - there is no longer a safe 'do nothing' option.

1. Pay now, it costs you exactly what they are currently demanding.
2. Ignore it, a 'judgment in default' will inevitably follow for at least what they want - maybe with even more costs added; continue to ignore that, you're getting a CCJ with credit crushing consequences for 6 years.
3. Defend, yet lose in court, the cost award is likely to be noticeably less than their current demand ~£175.
4. Defend, and win in court, you owe them nothing and you could claim up to £95 for half a day's pay/loss of annual leave, plus travel costs @45p per mile, plus your parking cost for the day.

Your least costly option has to be 3, with hopefully a win as per 4.

But BWL/and the PPC cannot physically take everyone to court, and there is evidence to show that with a well constructed defence, BWL can come along with a reduced 'offer to settle', which if refused, becomes a discontinuation. We can't give you guarantees on that, but as you have little choice other than to defend (if you don't want to pay), you need to give this your very best shot.

Whether you have a good defendable case to argue, you will need to read other similar cases at the defence (or beyond) stage and learn from those.

ROBOCLAIMS - HOW BWL OPERATE

You might find it useful to understand how BWL operate - as I have surmised from the hundreds of different threads I've read involving BWL.

Other than the auto acknowledgements and template letters, you will get nothing sensible from BWL - they are dealing with literally hundreds of thousands of unpaid parking charges and are spewing out various threatening letters, using a conveyor belt approach to go through a computer controlled process towards a LBC, and a MCOL Claim - and it is really only at the final stages, as a court hearing becomes a possibility, that there's any real human intervention.

You need to understand that you're not dealing with an old fashioned firm of solicitors, just progressing from a quill and ink operation, BWL are industrial harvesters of debt, using the equivalent of massive farming machinery to do their work. This is what their website tells you:

A multi-award winning law firm specialising in volume collections, across both regulated and unregulated sectors, who are dual regulated through the FCA and SRA.

We employ around 265 people at our Leeds based office which in turn makes us the largest privately owned debt collection law firm in the UK.

Castle

Couple of questions:-
1) As it was a hired vehicle did they comply with POFA2012? (You should edit your post to remove the driver's identity).

2) Did you keep the ticket which the machine printed?

Hazelp

Thank you Umkomaas, I have sent email to them.....let's see what comes next ��

Hazelp

Castle. The hired company sent my details to Premier Park.
Unfortunately did not keep ticket.
Hopefully the SAR information will have a log of all Payments in that car park that day.
I never knew I could request these at the time, I wish i had requested it at the time.

Redx

edit your posts above

the DRIVER parked the vehicle on the day

the HIRER has received the subsequent paperwork

the HIRER/KEEPER is not liable under POFA 2012 if the PPC failed to comply with the legislation, so dont hand it over on a plate with words like

"MY , ME , MYSELF & I"

the DRIVER and the KEEPER are sufficient , so learn to speak with forked tongue


pointless asking for help if you provide a WS (Witness Statement) for the claimant on a public forum on the internet, for all to see

Umkomaas

Hopefully the SAR information will have a log of all Payments in that car park that day.
I never knew I could request these at the time, I wish i had requested it at the time.

It wasn’t freely available at the time - it would have cost you a minimum of £10. GDPR has made SARs much easier to issue, and are now free of charge.

Often sending them later might mean the PPC has destroyed old paperwork, and that would play to your advantage.

Hazelp

Umkomaas.....So if I am lucky...(touch wood), and the PPC no longer have paperwork due to destroying etc, how could this work in my favour? I would still be taken to court, wouldn't I? This is what I want to avoid, if possible.....I just want to prove that this was a partially human error by misreading the instructions but a fundamental error on the software on the ticket dispenser for allowing the transaction to proceed without the required number plate details.

Umkomaas

Hazelp wrote: »

Umkomaas.....So if I am lucky...(touch wood), and the PPC no longer have paperwork due to destroying etc, how could this work in my favour? I would still be taken to court, wouldn't I? This is what I want to avoid, if possible.....I just want to prove that this was a human error.

Well they’d have a big hole in their evidence. They would decide if they wish to issue proceedings, you have no choice. But the more difficult it is for them to prove their case, the bigger the chance they will withdraw (but they could take it right up to the wire).

But this is all speculation at the moment, so let’s see what transpires from the SAR.

Hazelp

Redx.....I may of gone overboard lol.

Redx

the hirer or lessee or KEEPER received the paperwork in the post , and the KEEPER or HIRER has been dealing with all the paperwork ever since (and still is)

if they have no idea who was driving , they cannot be sending any paperwork to the driver

what happened on the day happened to the driver

what happened SINCE that day happened to the hirer/lessee or keeper (after the RK named the hirer)

capiche ?

more edits required until you can fully speak in forked tongue , lol