Bw legal letter of claim

surveyor_101

I have received a letter before claim dispute disputing this and bw legal admitting that TPS failed to copy my address correctly.

I have drafted the below in response.

I never got any letters from TPS as they used the wrong address bw legal w@s first I new in may when the allege charge happened in nov 20.

 My employer at the time had me working for this client but my daughter is BW Legal

 

Re: Letter Of Claim- 00pppppp

 

As per previous phone calls and email communication with yourselves I have disputed this debt on a number of occasions and pointed out that your client has failed on a number of fundamental points in order to proof a breach occurred and therefore this debt claim;

• The original Parking Charge Notice (Here after PCN)was not received by myself due to a failure within your clients operation to correctly copy the address detail from the register keeper onto your database, a 00 was entered as a 0 This therefore meant that I as the vehicle hirer at the time was denied the chance of the paying the charge at the reduced rate (14 day 50% reduction in the charge) or denied my legal right of appeal. This is also a BPA requirement under their code of practice.

• My first contact was with BW Legal at that point I requested that the process was after BW Legal (Call transcript I have a copy of) admitted the address error was on the TPS side. Your client have so far refuse my right of appeal and the offer to pay he reduce charge. 

• As TPS are now acting outside of the BPA Code of Conduct it could now be considered they may be in breach of the KADOE Contract since compliance with the Industry Body Code of Conduct is a requirement to have access to DVLA Keeper information.

• If TPS are found to have acted outside of the KADOE Contract they may well have breached General Data Protection Regulation (GDPR) when accessing keeper information for this alleged breach of contract.

• They also sent letter containing my personal information to the incorrect address number 1 banana street again which could be viewed as a breach of GDPR. 

• I have contacted the Landowner A College and have communicated with them directly. They have informed all of the carparks managed by TPS are to have a grace period of 30 Minutes as due to the nature of ‘drop of and pick up of staff and students’. Therefore they are have communicated to me that have requested that since I have a daughter who is a student and their Land Owner Contract (here after LOC) with your client states a grace period for any vehicle should be no less than 30 minutes. As it is claimed the breach was for much less than this period (18 minutes) I believe no breach has occurred and TPS is acting outside of its LOC with its client.

• I would therefore request that prior to any further action a copy of the LOC be provided to myself to satisfy what exactly the grace period your client has been contracted operate.

• Further to my request if I had been afforded the BPA COC and right of appeal the LOC would have been provided at the POPLA Appeal and therefore the ‘grace period issue’ would have been clear at this stage. However your client have denied me this. 

As stated I have email communications with the Facilities Manager a Mr Mark Smith dated the 25th May 2021 for the Land Owner who states he has asked for TPS to cancel this Parking Charge Notice due to the not exceeding the MINIMUM grace period of 30 minutes or contact myself directly. 

TPS appear to have failed to respond to myself or Mr SMITH this matter.

I have since the 4th May 2021 been in communication with BW Legal in an attempt to resolve this matter but have not received response the points above mainly the proof of ‘grace period’ and lack of land owner authority your client has in this matter.  So I am surprised due to lack of response and will to answer simple questions with regards to claimed breach they are to take further action would seem unreasonable given the above information. 

 

Redx

If anyone has a LBC with 30 days notice , they should follow the advice in the newbies FAQ sticky thread near the top of the forum in announcements , second post , which is as follows

You have 2 tasks

1) SAR to the DPO at the parking company

2) telling B W legal to place the matter on hold for 30 days whilst you seek debt management advice

Then you await the replies and prepare for a court claim

The rest of your post is just background information

surveyor_101

Do you think given the above case on grace period and TPS errors they will file court claim 

Le_Kirk

As advised by @Redx just wait for the court claim.  If you apply for the 30 day hold, use that time to polish your defence as, if you are basing it on the letter above, there are some fundamental errors (just one is "in order to proof prove a breach occurred" should be as corrected) and you need to explain clearly what part your daughter plays in this parking claim.  Is she involved in driving the car or is she the registered keeper?  Who received the PCN and LBC?  That person is the one who defends it.

Redx

surveyor_101 said:

Do you think given the above case on grace period and TPS errors they will file court claim 

They will do whatever they wish , it's an unknown quantity , with no answer , so is moot

Assume the worst and plan accordingly , is what I think having been coming onto this forum almost daily for over 8 years

surveyor_101

The grace period is the grace period no charge should be issued during the first 30 mins as the college tell me.

I never got anything from TPS.

I am tempted to name myself as driver and take the popla route.

my daughter is student of the site I was picking her up, done it loads in my car do it hire car get charge 

KeithP

surveyor_101 said:

I am tempted to name myself as driver and take the popla route.

Is that wise?
Do you understand that a keeper has far more protection in law than a driver?

surveyor_101 said:

my daughter is student of the site I was picking her up, done it loads in my car do it hire car get charge 

What does that mean? Is there a hired or leased car involved?

surveyor_101 said:

 My employer at the time had me working for this client but my daughter is BW Legal

And what exactly does that sentence mean? Please explain.

D_P_Dance

Have you complained to your MP?

Le_Kirk

surveyor_101 said:

my daughter is student of the site I was picking her up, done it loads in my car do it hire car get charge 

It is difficult to follow what you are saying.  Do YOU have permission to park by virtue of the fact that you are a student or are you chancing it.  What do the terms and conditions say about NON students parking or picking up/dropping off?

Umkomaas

Wowser!  You and yours seem to have some real difficulties with private parking firms. Over the past few years, on a quick count, you have 22 separate threads about parking tickets received from a plethora of various PPCs. What's happening?

surveyor_101

I was collecting my daughter who was a student, I never left the car.

I had also worked on a roofing tender for the site around that time.

the car was a garage loan car as my car was having some bodywork