BWL LOC Advice Sought

Supertato

Just a quick question - can I just email my response to the letter of claim or should I post it? I am working on the assumption i will get another 30 days before they claim because i am seeking debt advice -which will give me time to put together a counterclaim.

Supertato

OK guys


What do you think of this as my letter before counterclaim?


I am writing to inform you that I intend to commence legal action in the form of issuing a Claim against you in the County court in respect of a breach of the Data Protection Act committed by you.

You allege that, on the ????????, the car, registration number ????? of which I am the Registered Keeper was ‘Parking in a no Parking Area in ????????? .

You issued me with a Notice to Keeper(NTK) on the ??????????.

In order to access the DVLA data relating to me in order to issue this NTK your company has signed up to the KADOE (Keeper at Date of Event) contract. The KADOE contract allows you to retrieve keeper data electronically for the “reasonable cause of seeking recovery of unpaid parking charges”.

However, the KADOE contract attaches several conditions to the access, including:
1. That the parking company seeks recovery in accordance with the Accredited Trade Association Code of Practice – in this case the BPA code of Practice and
2. if the parking company seeks recovery from the keeper: the procedure in Schedule 4 of the Protection of Freedoms Act is used.

[FONT=&quot]The KADOE contract specifically states that the data can only be used to enforce the ticket using Schedule 4 of the Protection of Freedoms Act. Hence, if a parking company tries to claim liability against the keeper, with no evidence to suggest they were the driver, then the data would have been misused.[/FONT]

In fact you already knew the driver was not me. You informed me in your letter of ????? that you had correspondence about this PCN from someone else other than me and you furnished them with a POPLA number for them to appeal. I discovered from my Subject Access Request of ?????? that this correspondence was in fact an appeal against the PCN.

If the driver appealed to a Notice to Driver, then the parking company has no reason to request the keeper’s details. As such there would be no reasonable cause to access the keeper’s details.

The keeper liability provisions under the Protection of Freedoms Act(POFA) have not been met, and you know that I was not the driver. I object to any further processing of my data and request it be removed from your systems (known as a section 10 notice under the Data Protection Act). I have no intention of paying and POFA can no longer apply for the reasons outlined above. If you continue to process my data then you will be breaching the Act again.

Furthermore I seriously doubt you have authority to act on the land you allege the incident to have occurred. Both the KADOE contract and the Codes of Practice require there to be traceable authority from the landowner to the parking company to issue parking tickets. If this cannot be demonstrated then this would be a clear breach of the DPA. I will demand that your company provides evidence to prove that such authority exists.


Your clients continued harassment of me over many years, with numerous intimidating letters demanding payment for something I do not owe has caused me a great deal of stress and anxiety. Your threats of County Court judgements have caused me much fear and concern for my career which demands I uphold professional and personal integrity in all that I do. I am a law abiding citizen and expect others to act in a similar way.


Estimated claim

Such legal action may result in you being liable for court fees, my costs, statutory interest and non-pecuniary damages. In Halliday Vs Creation Consumer Finance Ltd, Mr Halliday was awarded £750 for a single breach.

Documents

I will be referencing the following documents in any future Claim
Data Protection Act 1998 (DPA)
Protection of Freedom Act 2012
BPA Code Of Practice


What You Need to Do Now
Payment of £750 or your reasons for non payment are required by ???? to avoid the above legal action.

Coupon-mad

Looks good, except there is no ''section 10 notice under the Data Protection Act'' any more since the GDPR updated the DPA in 2018.

Supertato

Thanks Coupon-Mad


I've amended it as you said and also added a bit - thanks Henry Hippo - and will send it to the PPC tomorrow.
I've given them a couple of weeks to respond which means if they don't respond - I very much doubt they will - I could end up issuing a claim before they do. Is that advisable?

Coupon-mad

No, I would wait as that's only a warning of a counter-claim.

A stand-alone claim IMHO would need a further LBC tailored accordingly, away from 'counter-claiming'.

Supertato

OK - Let's see what happens!

didgeridoooo

well i am definitely subscribing to this one!!! Updates please whenever you have any!!