Letter of Claim BW Legal

Ak242

Evening,
The keeper has received a Letter of Claim from BW legal about a PCN received in June 2019. The driver was parked on a single yellow line outside the private car park, on a public road, but was still given a ticket. The keeper never received a NTK and hence never appealed. Have read the newbies thread and just wanted to check if this was okay for the SAR to Car Park Management Services Manchester. Would the keeper need to email BW legal separately or would CC'ing them in this email suffice?

"To whom it may concern.

 

I have recently received a letter from BW Legal stating I owe monies to yourself due to occurring a parking charge notice.  I am willing to dispute this in court, therefore I'm offering you the option to withdraw all proceedings, If you do not wish to do so I am exercising my right under the data protection law to request all information you hold relating to myself.

 

• all data held

• all evidence you Car Park Management Services intend to use against me (to include- a copy of the contract with the landowner under which you assert authority to bring a claim against me, a copy of the alleged contract with the driver, a plan showing where the signs were displayed, details of the signs displayed).

• all letters/emails sent and received (including your correspondence with the DVLA to obtain my personal details and any appeal correspondence).

• a full copy of all parking charge notices

• all photos taken (including by ANPR)

• a close up of the signage at the location

• evidence you have paid a debt collector

Along with this I would like to know if are relying upon POFA in this case?

I have also CC'd BW legal into this email to ensure a 30 day hold is put onto the account.

 

Details:!Name ****

Vehcle registration: ****

Account number: ****

Location: ****

Date: ****

Fruitcake

Edit your post to remove information about the identity of the driver.

"The Driver was parked on a single yellow line etcetera ...

This came as a shock as The Driver has not mentioned entering this car park, or just get rid of that part altogether.

The Keeper never received a NTK."

The edit button is the cog-like icon in the top right of your post.

The SAR comes from The Keeper, who needs to include a copy of the vehicle V5C as proof of ID as well as PCN number and VRM. The keeper can only ask about their own personal data, not all data.

What happened when the keeper complained to the landowner?

Has the keeper complained to their MP yet about this unregulated scam?

Has the keeper checked with the local council if the location of the alleged event is a private or public road?

beamerguy

BWLegal have no doubt added a fake £60

Similar to this thread.....
https://forums.moneysavingexpert.com/discussion/6109415/letter-of-claim-received-from-bw-legal#latest

NOTE what to ask BWLegal  

Ak242

Thanks for the help Fruitcake and beamerguy. The keeper has not complained to landlord or MP and has not checked with the council. They will now do this. This thread will updated in due course.

Fruitcake

If this is an "own space" case then keeping the identity of the driver secret is not critical as it may help later, but stick with not telling anyone who it is at this stage.

Again, if this is an "own space" case then the motorist needs to see what their lease/ast says about parking, and just as importantly, what it doesn't say.
A lease/tenancy agreement has primacy of contract over anything a third party scammer says.

Ak242

Its not an own space issue, its a single yellow line on a public road which leads directly into the private car park. The council has been emailed, requesting confirmation on where the public road starts/ends 

Umkomaas

1. all letters/emails sent and received (including your correspondence with the DVLA to obtain my personal details and any appeal correspondence).

2.  a full copy of all parking charge notices

3. all photos taken (including by ANPR)

4. a close up of the signage at the location 

4. evidence you have paid a debt collector

1. You need to make the request specific to you and your vehicle's VRM. 'All letters/emails' is far too general. 

2. Do you mean for every PCN ever issued?  Of course not, but that's how it can be read. The PPC doesn't need any excuse to avoid doing anything you want.  Make it specific to you and your VRM. 

3. Same as above - be very specific, tie them down, leave no wriggle-room. 

4. Not a chance at SAR stage - signage has no personal link to your data. 

5. Why?  But, whatever, you have no prospect of receiving that whatsoever. 

Along with this I would like to know if are relying upon POFA in this case?

Not a SAR issue. 

I have also CC'd BW legal into this email to ensure a 30 day hold is put onto the account.

They won't put it on hold just for a SAR response to be received. They are only obliged to do so if you have informed them that you are seeking 'debt advice'. 

Ak242

Thanks for the help Umkomaas. The newbie thread suggest "Your letter can state that you have sent their client a SAR and so you require a restriction of data processing and the case should be put 'on hold'. Confirm your correct 'address for service'" Should the keeper do this or say they are seeking 'debt advice'
 "

 

Dear Sir/Madam,

I, the keeper, am in receipt of your Letter of Claim of ******* 2020.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon. Therefore, I have requested a Subject Access Request to Car Park Management Services Manchester.

Until your client has complied with its obligations and provided this information, I, the keeper, 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.

I would also like an explanation for the £60 and under which legal authority you are entitled to this?

Yours faithfully

beamerguy

good, be prepared for some waffle in return, that's good

Coupon-mad

You say you are seeking debt advice.

Le_Kirk

Therefore, I have requested a Subject Access Request to Car Park Management Services Manchester.

Try this: -

Therefore, I have requested submitted a Subject Access Request (SAR) to Car Park Management Services Manchester.  Although any debt is denied, I am seeking debt advice and require you to put this issue on hold for 30 days.  

You do not request a request!