BW Legal / Premier Park Ltd - Court Claim

kevin_uk84

Hi, 
Back in September I parked in a car park that I believed was the car park for the train station - I even paid the fee to the train station car park company.
The signage leading into the car park is not great - and was certainly difficult to read at 7am.
Following their initial letter to me, I stupidly responded and appealed and offered them £20 to cover the admin costs.  However, they rejected the appeal - Since then I have ignored subsequent letters.
However, I have received the attached in the last couple of days, and i am not sure how i should respond.
Attached is a copy of the letter and a couple of pictures.
Thank you in advance.
Kev

D_P_Dance

£240 is way too much. they are including unlawful amounrs, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

and report them to the SRA 

https://www.sra.org.uk/

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

and

beamerguy

Just looking at the letter of claim
BWLEGAL ARE SCAMMING YOU FOR A FAKE £60 ...... This is their normal rubbish and faking a claim gets them a spanking in court ........ Judges are fed up with this scam

They still have to issue a court claim and that court claim has to be signed as a statement of truth.
Of course if they add the fake £60 which is a figment of their imagination and unlawful, they could well be found in contempt of court which the new Civil Procedure gives the power to a judge. So, will they lie to the court ?

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth

This information with thanks to henrik777 and Castle
AS FROM APRIL 6TH 2020

For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

You reply to their letter of claim asking on what legal authority do they have to add £60 to their claim.
The simple fact is, they have no authority yet they will try and fob you off. It's that fob off that you show a judge.
Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

You can read all about the BWLegal spankings here. Then click on to ABUSE OF PROCESS PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

SCROLL DOWN and you can see the latest BWLegal spanking
BWLEGAL SPANKED AGAIN ..... AND, IT'S SOUTHAMPTON AGAIN ....
IT IS ORDERED THAT
The claim be struck out as an abuse of process as it contains, and is tainted by an additional charge of £60.00

Everything you need is in the above 2 threads. But do ask BWLegal on what legal authority do they have to add £60 to their claim.

KeithP

So you have received a Letter of Claim.

The second post on the NEWBIES thread tells you exactly how to respond to that.

Coupon-mad

Same as all the other Premier Park ones! Easy enough to defend and win in court when that happens.

No risk.  Read the NEWBIES thread second post all about LBC then court stage (inevitable, and this is when you win!).

kevin_uk84

Thank you all for your quick replies - I will look at the NEWBIES thread and the two posts that beamerguy mentioned.

kevin_uk84

Hi, 
Following the information on the NEWBIES thread, I have pulled together the following two letters.
Would someone mind reviewing and letting me have any additional thoughts? 
-----------SAR------------

Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

 <Address>

 Please supply the data about me that I am entitled to under data protection law relating to myself.

 I am specifically interested in the following data:

·         All photos taken to support the issuance of the PNC

·         All letters/emails sent and received, including any appeal correspondence earlier

·         The PDT machine records from 3rd September 2019

·         Any additional data that you hold relating to any outstanding PCNs against me

 If you need any more data from me to confirm my identity, please let me know as soon as possible.

 It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

 If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

----------------------------------
-----------Response to Letter of Claim--------------

I have received your Letter Before Claim dated 23rd March 2020.

I deny any debt to Premier Park Limited.

I have today submitted a subject access request to your client.  I therefore request a restriction of data processing and that the case should be placed on hold until this data is received.

I’d also like to request copies of all data that you hold about me.

When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass.  Please also confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court.

Once I receive the documents and your explanations I will be in a position to make a more detailed response.  It would be unreasonable to proceed with any form of litigation before you have clarified your client's cause of action.

I look forward to your response
-------------------------

beamerguy

And in your response to the letter before claim 

"On what LEGAL AUTHORITY do you have to add an amount of £60"

BWLegal do not answer this question .... because they cannot
If they don't answer with an actual LEGAL AUTHORITY instead of their normal rubbish, that's when the judge can ask them the same question ........ with the normally stuttering legal rep they send, that is when the spanking starts

And will they lie in court about the unlawful add-on ????    that is more serious because contempt of court is on the table  .... you ask the questions they cannot answer

kevin_uk84

Thanks @beamerguy

kevin_uk84

Hi Everyone, 
I have received the following reply from BW Legal.  Following the advice on the NEWBIES discussion, I will not respond.
----------------------------

Good Afternoon

Thank you for your recent email, the contents of which have been noted on file.

Please find enclosed the evidence of the Parking Charge Notice as requested. The password for this folder is the Vehicle Registration for the vehicle in capital letters with no spaces. Should you have any issues opening this folder, please retry opening this document on a computer as other devices may have compatibility issues.

Your subject access requets ahs been passed to the relevant department, please note that we are acting on Our Client’s instructions to recover the above balance which remains due and owed by yourself to Our Client.

Information about the right to restrict processing is available on the Information Commissioner’s Office website.

The right to restrict processing only applies in certain limited circumstances. We are not of the view that the right to restrict processing is applicable in this case. Your data is processed for the lawful purposes set out in the Privacy Notice, a copy of which is enclosed and available on the BW Legal website. Whilst we acknowledge you have made a request for information with Our Client it is important to note that this does not affect the validity of Our Client’s Claim meaning that Our Client has an overriding legitimate interest to recover the sums due to them.

As such, your account will not be suspended from further collections activity unless we are instructed to do so by Our Client. Please contact us to reach a suitable resolution.

The Parking Charge Notice which you have been issued with is for a breach of contract. The only right which you have to enter the land in question are on the Terms and Conditions which apply. The signage at the car park is prominent and the Terms and Conditions are clearly displayed. It is unnecessary to apply an analysis of offer, acceptance and consideration quite simply because the contract was formed on mutual promises. By parking your vehicle in the car park you have entered into a unilateral contract with Our Client. Acceptance does not have to be communicated, the act of parking your vehicle is acceptance.

Please be aware that the contract between Our Client and the landowner is a legally privileged document which you have no right to inspect. However, should this matter progress to court, the contract will be adduced as evidence. 

The £100.00 charge is regarded as a charge for contravening the Terms and Conditions. The sum payable following the issue of the Parking Charge Notice occurs on the happening of a specific event (i.e. a material breach of the Terms and Conditions) and is therefore a core term of Our Client’s contract with you.

The Contractual Costs referred to above form part of the Terms and Conditions (of the parking contract) which were accepted by you in the course of staying at the car park. Save for the fact that the sum of £60.00 attributable towards these costs are entirely reasonable for nature and type of work involved in recovering the parking charge, such costs are recoverable under the relevant parking code of practice.

We trust this is satisfactory and clarifies our position. Should you be dissatisfied with our response you may raise a complaint with the Information Commissioner’s Office.

Should you have any further queries please contact our office on 0113 487 0432.

We appreciate that it may not always be convenient to call us. Should you wish to review or manage your account online, you can do this by visiting our Customer Portal and setting up your account. Our Customer Portal provides you with the functionality to speak to us by webchat, raise a query, complete your income and expenditure, make a payment or set up an affordable payment arrangement at your convenience.

kevin_uk84

A quick question...I have reviewed the evidence that they have sent me.  However, there are no pictures of my car parked in the parking space.  They have sent me ANPR shots of me entering and leaving the car park.  However, the car park in questions leads to the train station car park, which I thought I had parked in, and in fact had paid for a ticket.
How will they prove that I was not parked in the train station car park?