BW Legal - I messed up

Le_Kirk

will_2705 said:

Le_Kirk said:

will_2705 said:

KeithP said:

will_2705 said:

 I received a Letter of Claim on the 25th of September. This seems to still be trying to convince me to pay and calls out "estimate claims" and states that if they don't hear by the 30th October they will issue a County Court Claim without further notice. 

• Therefore, this is just yet another threat, and there is nothing to be done until I received a formal notice?

Have another look at the first few paragraphs in the second post of the NEWBIES thread.
You will find guidance there on how to react to a Letter of Claim.

Thanks! I've submitted a SARs and sent a note to BW Legal asking for the case to be put on hold. 
The PPM (parking company) have responded asking for my registration; really they should be able to find all of this information with out my registration using the details provided, but is there any harm in providing it, I wouldn't class it as "personal data"? 

Have they asked for your VRM as a result of you submitting your SAR?  If so, this is quite reasonable as how else are they going to find (all) the PCNs attached to your vehicle.  You surely provided a scan of your V5C when submitting the SAR to prove your ID.

Thanks! I provided my name and address. I agree it's a reasonable ask. However, I would presume they can use my postcode/name/address combination to look up all their records on their database, including my registration mark - so I can't see why they'd need it. #
I presume the last bit is a joke! :-)

Where's the joke?  If you do not provide proof of ID they will just ignore your SAR.  You are not dealing with a John Lewis type establishment staffed by helpful people.  BW Legal and the original PPC just want your money, they are not there to be helpful.

beamerguy

As Le_Kirk says ...... it's all about Data protection

will_2705

Oh, I see. The reason I thought this was because in the Newbies thread it explicitly states the following: 

Perhaps I've misinterpreted it?

Umkomaas

will_2705 said:

Oh, I see. The reason I thought this was because in the Newbies thread it explicitly states the following: 

Perhaps I've misinterpreted it?

Both your driving licence and passport contain your photograph and signature (a serious exposure to identity fraud); you V5C contains neither. 

Coupon-mad

Absolutely.  The V5C should be supplied to show you are the right data subject, in order to get the SAR.
I am glad you came back here just in time to make a real difference.

PLEASE CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES! 

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

I am guessing you will also have another suggestion for exemptions...people who are moving into properties and won't have a permit yet.  you are the sort of person who should be filling out comments about 'EXEMPT VEHICLES' and recounting your horror story.

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

 

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!