BW Legal - Court Claim (I have read other threads)

beamerguy

Due to BWLegal's complete ignorance, I would imagine the court will be more than happy to zap them again.

BWLegal are like a Great White shark terrorising people but swimming around with a blindfold on with their fake add-ons and signing statement of truths to the court.

You could not make this rubbish up ......

Gruffman

Hi Coupon-Mad - Please see my example letter to BW Legal and your thoughts. I've edited as much as i can see relevant to my case, but would appreciate your/others eyes

Should i attach a copy of the receipt with my email so BW Legal can see it (talking about having evidence and showing them i really do have it may add weighting?)

Also in relation to the below, im not sure what the example i am pulling out here is really saying, or it doesn't make full sense from the example (which must be the same as my case as is it around the 0 instead of O)

Whilst I am awaiting details in relation to the SAR from Premier Parking Solutions, I am more than comfortable with the fact that your claimant will only confirm that the driver had paid in full the charge required for the stay in that car park for the allotted time, and therefore showing that there was no loss incurred to your client, but confirming that they have unlawfully obtained the vehicle details prematurely as the Letter 'O' and the number '0' are indistinguishable from each other on the VRN plate; should this claim not be withdrawn, a counterclaim will be issued on this basis.

Thanks

Grufman

Coupon-mad

Very good. Remove this as you can't have a data restriction during a court claim:

I therefore immediately require a restriction on data processing and request the case be put on hold whilst I wait for this to be granted.

And there is a typo here with the first 2 words the wrong way round:

It is simply

Should read, as it is a question, 'Is it simply...'

As you know from KeithP that you have until 4pm on Monday 5th August 2019 to file your Defence, I would add a timebound paragraph at the end, giving BW Legal until Wednesday 31st July to confirm the claim is discontinued, after which - if they have failed to withdraw the claim - you will proceed to defend and counter claim for £750 for abuse of data processing law under the GDPR (DPA 2018) and unlawful harassment under the Protection from Harassment Act 1997, citing Ferguson v British Gas as authority to support the counter claim, and including the IPC's directive forbidding members to pursue 'O' and '0' keypad errors, as an exhibit.

Gruffman

Hi Coupon Mad - I have edited it made the amendments as suggested. I will send this copy off tonight.

I replied a bit earlier today in thread #43 clarifying a couple of points however. I would really appreciate if you could explain to me so that i fully understand what I am sending

Dear BW Legal,

Further to our telephone conversation with respect to your reference: XXXXXXXX and your clients reference: XXXXXXX, I am writing to advise you of my full intention to defend the case set against me under County Court Claim: XXXXXXXX. I have furthermore emailed your client a SAR on 05/07/2019 which included a signed copy of the SAR and the original PCN. On 10/07/19, I immediately upon request provided a copy of my photocard driving license and passport to comply with Data Protection Act regulations. I have also replied to the court with my Acknowledgement of Service dated: 05/07/19 confirming my wish to fully defend this claim.

When your client initially contacted myself with the Notice to Keeper on the 25/05/16, with respect to an alleged contravention taking place on 18/05/2016 whilst on a short weekend away in Paignton, I immediately on my return sent Premier Parking Solutions confirmation to their then registered PO Box address copies of my paid parking ticket and for details of the basis upon which money was being claimed. I had advised them a ZERO potentially may have been incorrectly used, rather than O during entering the vehicle registration number into the parking machine (XXXX 0XX rather than correctly XXXX OXX). These communications were sent via mail in May 2016. No such response has been provided in respect to this. I currently have photographic evidence of this parking ticket which will be submitted as evidence in court.

In August I received a further letter from Premier Parking Solutions which referred to the letter dated 25/05/16 but looked very much like an additional alleged contravention had taken place on that date. This was due to the placement of the date being almost identically placed and worded where the original alleged contravention date was placed on the original PCN. As a consequence, this led me to believe Premier Parking Solutions had once again incorrectly issued a PCN and therefore a clerical error on their part.

Whilst I am awaiting details in relation to the SAR from Premier Parking Solutions, I am more than comfortable with the fact that your claimant will only confirm that the driver had paid in full the charge required for the stay in that car park for the allotted time, and therefore showing that there was no loss incurred to your client, but confirming that they have unlawfully obtained the vehicle details prematurely as the Letter 'O' and the number '0' are indistinguishable from each other on the VRN plate; should this claim not be withdrawn, a counterclaim will be issued on this basis.

The IPC has further confirmed in its own code of practice that incorrect use of the letter 'O' or number '0' is not a breach of terms. Further to this a court of law would find this so trivial that the case would be dismissed immediately.

The IPC has advised all its members that minor keying errors should not be deemed a breach of terms and conditions and is publicly telling Councils and private parking firms to cancel PCNs where a single digit error was made (either by rare driver error, or more likely because the keypad was old, faded or faulty).

Please advise why the IPC and Premier Parking Solutions are not in lockstep with this advisory since it currently can only be perceived that this is a clear case constructed based upon a template automated claim and BW Legal has not yet bothered to even ask your IPC member what the alleged contravention was?

Is it simply because you believe you can sue over this non-issue on the one hand, whilst the IPC tell their members that this is 'not a breach of contract' on the other? Or do you believe the date of the event(s) matter, and are actually going to expect a Judge to believe that it 'was a breach of contract' in summer 2016 and now it's suddenly not, because the IPC said so on a certain date?

I am fully aware that other companies were 'named and shamed' in a Parliamentary debate on February 2nd 2018, and again on Friday 23rd November 2018, where MPs unanimously clamoured to expose rogue parking firms and their 'cosy relationship' with firms like BW Legal making a mint from their clients' rogue ticketing and unfair fining. Trivial breaches, poor signage, unreasonable terms, exorbitant fines and aggressive demands for payment have no place in the 21st century and companies like yourself are an absolute disgrace..

I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. A copy of the contract with the landowner under which they assert authority to bring the claim
6. A copy of any alleged contract with the driver
7. A plan showing where any signs were displayed
8. Details of the signs displayed (size of sign, size of font, height at which displayed)
9. If they have added anything on to the original charge, what that represents and how it has been calculated.
10. A copy of the IPC Code of Practice including 2018 amendments stating where the letter 'O' cannot be accepted in the place of the number '0' or vice versa.

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20); Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Given the short time frames issued by the court, BW Legal have until Wednesday 31st July to confirm the claim is discontinued, after which I will proceed to defend and counter claim for £750 for abuse of data processing law under the GDPR (DPA 2018), including unlawful harassment under the Protection from Harassment Act 1997, citing Ferguson v British Gas as authority to support the counter claim, and including the IPC's directive forbidding members to pursue 'O' and '0' keypad errors, as an exhibit
I forward to your response.

Yours Faithfully

Gruffman

Coupon-mad

Gruffman wrote: »

Should i attach a copy of the receipt with my email so BW Legal can see it (talking about having evidence and showing them i really do have it may add weighting?)

Yes.

Also in relation to the below, im not sure what the example i am pulling out here is really saying, or it doesn't make full sense from the example (which must be the same as my case as is it around the 0 instead of O)

Whilst I am awaiting details in relation to the SAR from Premier Parking Solutions, I am more than comfortable with the fact that your claimant will only confirm that the driver had paid in full the charge required for the stay in that car park for the allotted time, and therefore showing that there was no loss incurred to your client, but confirming that they have unlawfully obtained the vehicle details prematurely as the Letter 'O' and the number '0' are indistinguishable from each other on the VRN plate; should this claim not be withdrawn, a counterclaim will be issued on this basis.

Thanks

Grufman

Looks OK to me, if a little clunky in language (long sentences).

Gruffman

Many Thanks, I have reduced the last paragraph slightly to make it less wordy and have sent to both Parking@BWLegal.co.uk and DisputeResolution@BWLegal.co.uk - Hope this works.

I better start on my defence document which I have been trying to create but had some difficulties writing also as this is more legal centric - so may need some help with this also, especially as i'm throwing in a potential counter claim for abuse of data processing (which im not sure why though, and the evidence i have to show this?) so any examples of this would be really helpful

The below are some other areas that i'm not sure where it is applicable to me so would be very appreciative if you could link it to my situation

1. "Asking the court to impose sanctions in your client and to order a stay of proceedings, pursuant to paragraphs 13, 15(b), and (c) and 16"
2. "Should your client do so, then i will seek an immediate stay in pursuant to to paragraph 15(b) of the Practice Direction and an order that this information is provided"
3. "Counter claim for £750 for abuse of data processing law under the protection from Harassment Act 1997, citing Ferguson v British Gas as authority....."

Coupon-mad

You'd be counter claiming that they have no reasonable cause to continue to process your DVLA data, given the edict from the IPC, and thus they are in breach of the GDPR and this is a case of data misuse under the DPA.

I suspect they will discontinue his month, once they check.

Gruffman

I have some GREAT NEWS! - 4 hours after sending my email from above to BW Legal, i had the below email come back from Premier Parking Solutions (see below)... Gesture of good will, yeah right.....!

I would just like to say a MASSIVE thanks to everyone that helped, but especially to Coupon-Mad for putting up with me and advising me / keeping the faith :-) - Thank you so much... I think it is far too coincidental for Premier Parking Solutions to return the SAR request so soon after me sending the previous email to BW Legal, so i'm sure as soon as they got it, they contacted their client and most likely suggested they cease immediately, Otherwise i think that SAR would have taken longer and no mention of cancelling...

Therefore for anyone out there at the same stage with their PCN nightmare, i am testament to the fact that it can still can become good after all, even at the point of a Court Claim

I'm just wondering if i should still pursue the counter claim. TBH i think its probably best to leave it, but I kind on what to inflict some slight (if any) concern like I have

Thanks again everyone

Gruffman.

Good Afternoon Gruffman,

Thank you for your correspondence.

Please find attached your Subject Access Request.

As you are aware, there was an error when you input your vehicle registration into the machine. We have decided to cancel this PCN as a gesture of goodwill.

We have informed BWLegal to cease pursuance of the matter. Please accept this correspondence as confirmation this PCN is cancelled.

The matter is now closed.

Yours Sincerely,

Contact Office,
Premier Parking Solutions

Tel: 0845 862 1034
Fax: 0845 862 1035
Web: https://www.pps.uk.com
Email: contact@pps.uk.com

Registered in England & Wales No. 06659134
Registered Office: PO Box 471, Newton Abbot, Devon TQ12 9FX

Ian011

Do report the premium rate 0845 number as a breach of consumer protection regulations. Reports go to the Citizens Advice national Consumer Helpline. The regulations came into force on 13 June 2014.

Coupon-mad

Hahaha!

ANOTHER ONE BITES THE DUST!

Up to you whether you quickly shove in a defence and counterclaim before BW Legal manage to discontinue. Depends if you fancy revenge, but TBH counter-claims are often unsuccessful and it will take up more of your valuable time.