Letter of claim BW Legal - From and old thread in 2018

Coupon-mad

Looks perfect, if this is still at LBC stage.

I would email it to the PPC then forward the 'sent' email to BW with a few covering words saying you expect them to confirm the case is closed.

tangsoodo

Thanks this has now been sent. I can see that there are not any email addresses on Premiers website only links that take you to their own website forms. I googled and found admin@premierpark.co.uk but the auto reply comes from sales@premierpark.co.uk. Luckily as part of the SAR data they had sent an internal email to legal@premierpark.co.uk so i added that as well..........Just info in case anyone else is struggling to get an actual email address.

tangsoodo

I'm just researching for my defence which i'm expecting to need soon. Could you answer a question please. The ppc sent the original PCNs to an old address, then sent it to DRP who issued a letter to the correct address. At that point does DRP  have a duty to inform the PPC of the new address? This would have prevented a second PCN going to the wrong address. Just seeing if their is any defense angle there.

Coupon-mad

In some ways that is a defence angle because the DRA is acting as agent and does the soft trace for that exact reason.  So, the PPC should have updated their records for you, as a data subject

However, with a new PCN they have to issue it to the DVLA address at first.

KeithP

tangsoodo said:

I'm just researching for my defense which i'm expecting to need soon. Could you answer a question please. The ppc sent the original PCNs to an old address, then sent it to DRP who issued a letter to the correct address. At that point does DRP  have a duty to inform the PPC of the new address? This would have prevented a second PCN going to the wrong address. Just seeing if their is any defense angle there.

But although DRP used a different address, did they actually know that the address they used was a good one?
In other words, did you reply to DRP, as that would indicate that the address they used was good?

And by they way, there is no letter 's' in the word Defence.  

Le_Kirk

The reason the original PCN went to an old address is likely because your V5C was not updated quickly enough or was due to delays at DVLA.  Have you now updated both your V5C AND your driving licence?

tangsoodo

Yes address was updated once I had got the first letter off DRP. Keith, no I didn’t confirm my address until a while later so I guess I can’t use that angle either. 

I’ve had a reply off BW asking for evidence that the car was not parked for the whole duration (I.e. evidence of double dip) in the form of Anpr, vehicle tracker, cctv etc. obviously this was 4 years ago. So do I ignore or once again tell them to provide a late popla code and I will show them my evidence. 

Coupon-mad

Reply and say evidence of a double dip is in the gift of their client, who under the BPA CoP, were required to manually check for 'orphan images' and certainly should never have deleted any captures of your car in between.

Tell them to revert to their client and to 'go swivel' if they think they can still add £60 per PCN for pseudo 'debt recovery', that the DLUHC has declared is banned because the false, unincurred and wholly disproportionate add-on was 'designed to extort money from motorists'.

tangsoodo

Would you mind checking my reply. I'm conscious that they are fishing to see what evidence that i have to weigh up whether to proceed to court. I think they are past the stage of them cancelling on anything that i show them and they just want a "heads up" on what i will be using?

Dear Sirs

Thank you for your email, the contents which have been noted. You have requested proof that the vehicle could not have been present in your clients car park between the times stated on the ANPR images collected. As you are well aware, the burden of proof is firmly with your client to prove otherwise and under the BPA code of practice they were required to manually check for 'orphan images' and certainly should never have deleted any captures of the vehicle in between the first entry and last exit. I have confirmation from your client that all other images of the vehicle have been deleted which evidences that other images were  recorded. I can indeed either prove or on the ”balance of probabilities” show that the vehicle did leave the car park and return.

The BPA have issued a report on the known issues with ANPR reliability, the failures resulting in double dips and the checks and procedures that should be in place. Your client will be required to show a court that these manual checks were done and asked why images have been deleted by their own admission, why comments on their systems have been deleted since the first SAR request and why they have only just updated my serviceable address in the past month even though they were told to update it almost 4 years ago.

These are serious breaches of GDPR where your client has obtained, used and shared the keepers personal data where they were not authorised to and as such the defendant will be counterclaiming for data misuse for at least £300 if you proceed to a claim which is clearly a case of ‘double dip’.

You must now cease and desist and stop trying to add false (now banned) 'debt recovery costs' that no court will allow now that the Government's new Code of Practice has declared the exaggerated add-ons in existing cases to be 'designed to extort money from motorists' (DLUHC's Neil O'Brien MP).

As in my response to your previous request for my photos of the parking signs that don’t match your clients, your request for my evidence of the vehicle not being in the car park for the full period will not be disclosed as your client has repeatedly refused the keeper a chance of a late appeal.

 

Yours sincerely

D_P_Dance

Have you seen these?  Have you complained to your MP?

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/