BW Legal - LOC received - Data Protection Breach

alienfromzog

Hi

First time posting on this particular board, but just want to say in advance, thanks for the brilliant work of posters who give excellent responses. :T

I have read the Newbie thread and I think this is a genuinely new (sub-)topic. Apologies if I have missed this somewhere.

At the beginning of May I received a threating letter from BWLegal / Total Parking Solutions. The usual stuff but referring to an PCN from June 2014. (I note that a few people have received such in May this year and I presume they're chasing this now before the time limit of collecting an (alleged) debt expires at 6 years).

FWIW, the PCN states that a car I own was parked for longer than the permitted 20mins at the Bristol Royal Infirmary at about 11pm on a Sunday evening. As it was 5 years ago, my memory is very limited but I was a surgical registar at the Children's hospital then.

Knowing how BW behave I deliberately ignored the inital letter and the second one. Not least because I am really not keen for BW to have my phone number or email address.

Today I got back from holiday to find the Letter of Claim waiting for me. Hey-ho.

So far, so typical. But here's where it gets interesting:

I still own the vehicle in question but I have moved house twice since 2014.


Therefore either they have obtained my new address from someone other than the DVLA or they made a request to the DVLA under section 4 of the PoFA since October 2017.

I have just been a checked the Act, and as I understand it the parking companies are only allowed to make such a request within 56 days of the PCN.

So my questions are these - which I lay at the feet of the amazing experts here:
1) Have I got that right?
2) Should I use the standard response and then add in my concern that they have breached Data Protection here?
3) Presumably I should also lodge a complaint with the DVLA?
4) Should I threaten to counter-sue them?

Many thanks for your wisdom.

alienfromzog

P.S. The deadline for me to respond to the Letter of Claim is 21st July.

Redx

A tracing service will have been used and there won't be a GDPR breach, they are supposed to do this under pre court action rules

Yes you can ask the DVLA by email when your details were accessed band by whom

Email a SAR to the DPO at the PPC in question, to get all the data and docs and pics

What gives you the right to counter sue ?

Read the newbies sticky thread post #2 as well

Set up a new Gmail address specifically for dealing with this

alienfromzog

Thanks



How does a tracing service work? That's not a term I am familar with. I know that debt-collectors are allowed to trace for debts but there is no finding of fact here.

Fruitcake

Your wording after, "I was a surgical registar at the Children's hospital …" should be deleted.

You are advised from the start never to reveal the identity of the driver, not even on here.

Parking scammers read these fora.

You should complain to the hospital bigwigs and your MP about this unregulated scam. How dare a parking scammer pursue an NHS worker!

If you are a member of a trade union, get your rep vociferously involved as well..

Contact local and national press, they love this sort of thing.

Doctor hounded by unregulated parking scammers! You were the keeper and possibly an occupant at the time, but never ever give away the driver's identity.

Redx

Either b w legal did it or employed a tracing service possibly a debt collector

The CPR rules changed in Oct 2017

Email a SAR and find out

alienfromzog

Fruitcake wrote: »

Your wording after, "I was a surgical registar at the Children's hospital …" should be deleted.

You are advised from the start never to reveal the identity of the driver, not even on here.

Done. I was careful - but more so now.

Umkomaas

Email a SAR to the DPO at the PPC in question, to get all the data and docs and pics

You are likely to find that TPS cannot provide you with the ever so important Notice to Keeper as they seemed to have destroyed most of their back catalogue.

Without proof that they have complied with the Protection of Freedoms Act 2012 (Schedule 4) via their NtK, they are somewhat up a long creek without access to their paddle in holding a registered keeper liable for the charge.

Unfortunately, you'll have to continue jumping through all the hoops at this stage. You can no longer ignore any of the prescribed steps at present.

alienfromzog

Umkomaas wrote: »

You are likely to find that TPS cannot provide you with the ever so important Notice to Keeper as they seemed to have destroyed most of their back catalogue.

Without proof that they have complied with the Protection of Freedoms Act 2012 (Schedule 4) via their NtK, they are somewhat up a long creek without access to their paddle in holding a registered keeper liable for the charge.

Unfortunately, you'll have to continue jumping through all the hoops at this stage. You can no longer ignore any of the prescribed steps at present.

Thanks.

Yeah, I realised I'd have to jump the hoops. Hey-ho. Just wanted to make sure I did it right.

My suspicion is very much that they are cheating somewhere along the line...


AFZ

Redx

B w legal seem to have jumped through their legal hoops by tracing you, so no mileage in any GDPR breach imho

It's to avoid default CCJ,s going to old addresses

Fruitcake

The comments by Umkomaas are important. You need to specifically ask for a copy of the NTK within your SAR.

Umkomaas

alienfromzog wrote: »

My suspicion is very much that they are cheating [STRIKE]somewhere[/STRIKE] all along the line...
AFZ

Fixed that for you!