Porthpean Car Part, St Austell, Cornwall - BWLegal. Advise Please

commachio

All...

I have read the various comments regarding the outrageous tactics being used by various car park companies of which I have become one of their latest victims. Note that I have only recently, last week, comes across this site and its advise but time is now against me as the 'infringement' happened in Sept-2021 and I have been fighting since.

I have been given a Letter of Claim and today I am writing to BW Legal on the basis of a SAR prior to going to court.

Background:
I entered the above car park. there were no signs outside or on approach saying this was either a private car park not that APNR was in use. There were no barriers on entry. The signage is not visible on entering (it is on the right-hand side on entry and behind the driver). On parking I went to the meter without any cash and the signage referred to using the 'Just Park' app which I did not have. It took me approx 30 minutes to get a signal (I had to leave the carpark on foot to get a signal) whereby I paid. Shortly after I left the car park.

They were chasing me for circa £160 as I did not have or display a valid ticket (£100 or if paid within 14 days £60). I appealed this and my appeal was rejected.

Appeal Reason: “I have a valid ticket/permit for the car park/site which was clearly on display” [note there is little else to choose from on their drop down forcing the user to select something. there is nom 'other' in the list]

Appeal: “On 18th September I entered the car part and parked our vehicle. I did not have any cash on me and thus elected to pay by the app "Just Park". On opening the app there was an issue getting an internet connection. I sat in the vehicle making constant requests in order to make a payment. I even tried walking outside of the car park and tried at the beach. It took me about half an hour to finally get a connection. Once I had a connection I made payment and received notification on the app that my session had 'started' (booking ref: 27124066). I left the car part about 20 minutes after that. I have subsequently been sent a charge notice which I feel is unfair. I tried my best to pay and paid. I have spoken to your operators at Armtrac who were very unhelpful.”

[note that this refer to me as 'parking' our vehicle and thus they state I am liable]

They are now chasing circa £260 for the above costs plus court fee, solicitors costs, interest etc. This I have rejected. What is also interesting is that NONE of the letters I have written in response have been either referred to or replied to. I asked them NOT to contact via email which they said they couldn't not reply to unless I gave them further details (name, address etc). I have not consented two them using email under GDPR.

Despite this they have sent unsecured personally identifiable information via email and thus contradict their own GDPR processing. 

I also feel, based on previous responses on this site, that the costs (as above) that they feel I am liable for are beyond reasonable.

I will post later today all letters/details (via dropbox?) whilst I write and send out an SAR.

Any help, comments, direction at this late stage to help write a further response (probably now my 'Defence' due to pending court action) would be very much appreciated.

best regards

commachio

Dear BWLegal,

Below I request an SAR request relating to the PCN Reference: XXXXXXXX.

IF THIS IS NOT THE CORRECT EMAIL ADDRESS FOR SAR REQUESTS THEN PLEASE ADVISE OF CORRECT EMAIL ADDRESS.

If I do not receive notification that this is the INCORRECT email address for SAR requests then I assume that this email request for SAR is being actioned.

THIS NEEDS TO BE SENT TO YOU DPO.

Please can you forward by either return or via my registered postal address that you have on file:

• ALL photos taken
• All letters and emails sent/received including appeal correspondence
• The PDT machine records for the Pay and Display machine at Porthpean Car Park (the site in question) and payments made)
• All data held in respect to this PCN AND/OR NTK
• All evidence you will reply on
• A list of all PCNs outstanding against me and/or this VRN

I must also remind you at this stage that any claim aghast me must be for all PCNs ad not separate claims.

I previously requested, under GDPR, not to be contacted by email. This email supersedes my previous request and I now grant you permission to contact me via email.

As per previous email requested I submit the following information as "correct data subject”:

BW Legal Reference:

Full Name: XXXXXXXX

First Line of Address: XXXXXXXX

Postcode: XXXXXXXX

Telephone Contact Number: I am not authorising or permitting conversations via phonemail or text

Vehicle Registration: XXXXXXXX

Vehicle Make or Model: XXXXXXXX

Parking Charge Number: XXXXXXXX

Street Name or Car Park: Porthpean Car Park

Authorised Email address: XXXXXXXX

Confirmation you wish for us to correspond with you via this email address (Yes/No): YES

Regards

XXXXXXXX

commachio

Dear BW Legal,

Please either forward without delay the email address of the solicitor for this PCN.

I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.

I have sent your client (BW Legal) an SAR

The correct address for service is:

xxxxxxxxx

Regards

xxxxxxxxx

Coupon-mad

You don't send a SAR to BW Legal.  You send it to the Parking firm's DPO, whose email can be easily found (explained in the NEWBIES thread where to find it).  BW are not the parking firm.

Asking the solicitor (BW Legal) by email, for the solicitor's email makes no sense.

A good example of the email to send to BW is in today's thread by @jabfish

Fruitcake

What happened when you complained to the landowner?

If you are at LoC stage, have you sent a 30 day hold instruction to the DPO of the PPC yet? You should do this, telling them that whilst you deny the debt, you are seeking debt advice and therefore require them to put the case on hold for 30 days.
Do this first, then do the SAR. That way you should get the response from the SAR before the court claim arrives, or at least before you need to submit your defence.

You should be following the guide to court written by bargepole that you will find in the second post of the sticky Announcement for NEWBIES, and base your defence on the template defence in the other sticky Announcements.

You should also complain to your MP.

commachio

Hi....I have sent the SAR and solicitor request to BWLegal as I cannot locate the DPO. I looked at @jabfish as suggested but I cant locate the reference in question.

I have looked at the Amtrac website and am trying to locate their DPO (I am assuming that Amtrac is the PCC)

commachio

okay.....found DPO for Amtrac and email being sent.

I have no idea who the landowner is.

Umkomaas

commachio said:

Hi....I have sent the SAR and solicitor request to BWLegal as I cannot locate the DPO. I looked at @jabfish as suggested but I cant locate the reference in question.

I have looked at the Amtrac website and am trying to locate their DPO (I am assuming that Amtrac is the PCC)

Look on the Armtrac website's 'Privacy' page which is where most PPCs have their DPO contact details. 

commachio

Done.....new SAR will be thus:

Me and my address

24th March 2022

KBT Cornwall Limited

20-22 Wenlock Road

London

N1 7GU

Dear Sir or Madam

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

Please supply the data about me that I am entitled to under data protection law relating to myself. This should include everything you have on file which also should include:

• ALL photos taken
• All letters and emails sent/received including appeal correspondence
• The PDT machine records for the Pay and Display machine at Porthpean Car Park (the site in question) and payments made)
• All data held in respect to this PCN AND/OR NTK
• All evidence you will reply on
• A list of all PCNs outstanding against me and/or this VRN

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.

Yours faithfully

Regards

me

now looking for their solicitor which, as in earlier post, only BWL Legal will know as I have not had any notification from their representative solicitor

thanks

Umkomaas

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

Don't offer them that, it will give them every excuse to drag this out by asking you for unnecessary further ID. 

Did you find the DPO email address on the Armtrac website?  No need to be sending a letter. 

Coupon-mad

When you read the thread by @jabfish today you can't miss their email to BW.