Premier Park and BW Legal - Letter of Claim

Bort

On 12th January 2019 the vehicle that I am the registered keeper of was issued with a PCN from Premier Park Ltd for The Peel Centre in Blackburn for 'exceeding the maximum stay period'. The first letter was undated so I am not sure when it was received, a reminder was dated 21st February 2019 and a final reminder dated 21st March 2019.

Three letters then turned up from PP Legal (noted as being a 'trading style of PP Management Services Ltd') dated 16th April 2019, 8th May 2019 and 20th May 2019.

A letter from BW Legal then was received dated 9th July 2019 before a Letter of Claim dated 25th July 2019 threatening a claim being made at the County Court. Up until this point all correspondence had been ignored but now I have yesterday sent an SAR to Premier Park Ltd (see below) which they have acknowledged and I have CC'd in BW Legal requesting the account is put 'on-hold'.

So... I am just after a bit of advice as to where I can expect things to go from here. I have a provisional defence statement drafted surrounding the poor quality signage and that no contract was entered into should a County Court claim be made. I am also unable to recall who in the group was driving.

Premier Park Data Protection Officer,

In line with the Data Protection Act 2018 and General Data Protection Regulations, I hereby make a Subject Access Request (SAR) for the following items in relation to Parking Charge Notice reference No.####### as the registered keeper of vehicle #### ###.

1. Confirmation that you are processing my personal data, the purposes of your processing and the categories of personal data concerned.
2. The recipients and categories of recipient which you disclose or have disclosed my personal data to.
3. Information about the source of the data, where it was not obtained directly from me.
4. Your retention period for storing my personal data or, where this is not possible, your criteria for determining how long you will store it.
5. Confirmation of the existence of my right to request rectification, erasure or restriction or to object to such processing.
6. Copies of all photographs taken that will be used as part of your case should this matter go to court.
7. A diagram/plan showing where any signs were displayed in the Peel Centre Car Park No.2 in Blackburn on 12th January 2019.
8. Close-up images of any signs relevant to this case on the day in question.
9. Details of the physical size of the signs, font size and the height at which each sign was displayed.
10. Evidence that Premier Park Ltd has paid a debt collector in relation to this case.
11. Copies of all letters sent to me by Premier Park Ltd, PP Legal and BW Legal, each with specific date of issue details.
12. All data held on me and my vehicle by Premier Park Ltd, PP Legal and BW Legal.
13. All evidence you will rely on should this matter go to court.
14. A full copy of the Parking Charge Notice and Notice to Keeper.
15. A list of all Parking Charge Notices considered to be outstanding against me and/or vehicle #### ###.
16. All evidence you have that any contract for parking existed.
17. Details of the circumstances which brought this ‘contravention’ about and where and when this alleged contract was entered into.
18. If the claim is for a contractual breach, provide me with the date of the agreement, the names of the parties to it and a copy of that contract with the landowner under which you assert authority to bring the claim, as required by the IPC Code of Practice section B, clause 1.1 “establishing yourself as the creditor”.
19. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and how they have been calculated.

BW Legal – The above SAR requires Premier Park Ltd to provide me with information about this issue and I therefore require a restriction of data processing. Case reference No.######## should be ‘put on hold’ and BW Legal is requested to stop all processing until the SAR has been fully responded to; please confirm to me in writing that this has been done.

You will need to conduct all future correspondence with me via e-mail or by post (my address for service is: ##############################).

Data protection law requires you to respond to a request for data within one calendar month from today’s date, Wednesday 14th August 2019.

Quentin

The newbies FAQ thread near the top of the forum covers Court claims

See post #2 in that thread which covers the whole process from receipt of the lbcca right through to the hearing with advice on what to do and when together with links to near template defences you can crib from

The_Deep

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Le_Kirk

You won't get and cannot expect, pictures of signs as that is not your personal data, you can ask for these later in the process as part of defence.

Umkomaas

You won't get the following:

6
7
8
9
10
13
16
17
18
19

BW Legal – The above SAR requires Premier Park Ltd to provide me with information about this issue and I therefore require a restriction of data processing. Case reference No.######## should be ‘put on hold’ and BW Legal is requested to stop all processing until the SAR has been fully responded to; please confirm to me in writing that this has been done.

That will be refused. It will only be put on hold if you are seeking debt advice (you would need to make that point explicit).