Parking & Property Management and BW Legal harassing me!

Fruitcake

You have two number twos.

You need to ensure you send a rectification notice to the DPO of the PPC as well as their solicitors. You are correct that you should instruct them to erase your old data and replace it with your current address for service. This does not have to be a UK address, and there is no legal requirement for it it be so. I suggest you include two separate documents as proof that the overseas address is now your current home by including something with your name and that address upon it such as a bank statement or tax form.

BWLegalParkingScam

Wow, these people are the worst.

1. They said that they can only hold the debt for 30 days if I can provide a reference number.
2. They said that this is not a debt, but a parking charge, so the PAP doesn't apply.
3. They said I cannot change my address to a non UK address.

Guess, I'll be seeing them in court!?

Grizebeck

They are taking the michael.
Please post up their full reply
You must go back to them and instruct that since you no longer live at that address they must use your current address

Johnersh

From POFA:

"current address for service” means—

(a)

in the case of the keeper, an address which is either—

(i)

an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; or

(ii)

the keeper’s registered address (if there is one); or

(b)

in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

Perhaps you should invite them to tell you where in law you are required to provide a UK address or how, as a matter of fact, you can provide a UK residential address when you reside abroad. You are certainly not obliged to instruct a solicitor to take receipt of a claim form just to assist the claimant. 

The fact is that if the residential address and driver details have been provided prior to the commencement of proceedings (that means the claim form) they have no basis to pursue anyone else.

If they want to pursue it they can apply to serve outside the jurisdiction. 

BWLegalParkingScam

The issue I have is that every time I raise these issues, they just say that if I disagree then I can seek advice from a solicitor. Even when I point out inconsistencies in what they say. For example, they have previously admitted it doesn’t need to be a UK address, but now say they just keep saying that they cannot help and I need to seek advice.

Fruitcake

BWLegalParkingScam said:

The issue I have is that every time I raise these issues, they just say that if I disagree then I can seek advice from a solicitor. Even when I point out inconsistencies in what they say. For example, they have previously admitted it doesn’t need to be a UK address, but now say they just keep saying that they cannot help and I need to seek advice.

You have just received advice from a solicitor, (Johnersh), so you can tell them so.

Did you instruct their DPO to erase your data and replace it with your current address for service? 
If you did, and they have refused to comply, then report them to the ICO, their trade association, your MP, and of course you will bring it up with the judge if the hearing goes ahead.

Johnersh

For example, they have previously admitted it doesn’t need to be a UK address, but now say they just keep saying that they cannot help and I need to seek advice.

At this point it may, in a course of dealing, constitute harassment of person A given that they have acknowledged the law in relation to person B, the admitted driver. 

Google "British Gas Trading" and "harassment" note that the course of dealing in that case was spectacularly bad, mind. 

BWLegalParkingScam

Ok, I think we are making some progress here!

The driver has mentioned that they have been asked by the parking management company if they were insured at the time of the incident. They were indeed insured and have evidence of it, but they have asked if they should be provide the insurance details to the parking management company?

BWLegalParkingScam

And if they are required to/ if it is recommended to, shall I suggest that they redact personal contact details so they can prevent any harassment through other channels?

Coupon-mad

BWLegalParkingScam said:

Ok, I think we are making some progress here!

The driver has mentioned that they have been asked by the parking management company if they were insured at the time of the incident. They were indeed insured and have evidence of it, but they have asked if they should be provide the insurance details to the parking management company?

It's nothing to do with them - but the answer is, of course the driver was insured!  This doesn't sound like progress.  Sounds like fishing to ask who was driving.

Sounds like they are trying to find out if the keeper was the only driver on the policy.  I assume the keeper has NOT said who was driving and recognises this is a trick to find out?