BW Letter Of Claim

Clairebearx

Hi everyone,

I'm looking for a bit of advice on the next steps I should take regarding a 'Letter of Claim' sent by BW Legal on behalf of Total Parking Solutions.

On 6th Sep 22 I visited a shopping center in Devon where I was on holiday. It had 2 free hours of parking and we registered our vehicle via the MyRingGo parking app. After 10mins or so of faffing we managed to set it up and had the text confirmation (and a charge of 20p I presume for using the app!).

Whilst there we didn't leave site and spent all our time buying gifts in the shops (I have all the receipts that confirm we were customers) and eating in the restaurant. But unfortunately due to the slow service in getting our food (and I was also suddenly struck with nausea and had to spend sometime in the bathroom) we went over the 2 free hours by 44 mins.

Then in November we had a PCN from Total Parking Solutions for £30, stating the contravention as 'No Payment'. We appealed it immediately via their website explaining we had registered our vehicle, paid an extra fee (the 20p) and had not left site as we're customers of the complex. It didn't take long for them to send us a 'Final Demand' in which they told us the appeal was rejected and we had to pay the now higher charge of £95.

At this point as per the advice here I decided to contact the shopping complex directly and explain the situation. Whilst awaiting their reply I received a letter from BW Legal saying they had now been passed the case and we were to pay £125 (approx as I have misplaced the letter). But just a couple of days after that I had a response back from the shopping complex saying it would look into this for me.

I left it up to the complex and awaited there reply and after that I didn't hear from BW Legal for a couple of weeks so I had hoped the charge had been cancelled. That was until today. I have now received a 'Letter of Claim' for the amount due of £135, an 'Estimated Claim' sheet showing a breakdown of what I would have to pay if they go to court (£225.18), the particulars of the debt (breach of T&C's – reason: No Payment), a reply form they want completed within the next 30 days (by 5th April) stating if we owe the debt, how we will pay the debt etc and a 'Income & Expenditure' form.

I have contacted the shopping complex to ask what was happening with this case/complaint as I'd heard nothing back and they've told me they cannot help and all further correspondence should go to BW Legal, oh and I could also appeal to POPLA if I wish.

I've just sent a SAR to the DPO of Total Parking Solutions but not yet let DW Legal know.

I don't mind saying in this current climate £135 isn't that easy to come by/part with, but should we just pay the £135 to BW Legal and be done with it. Also the 'particulars of the debt' keep stating 'No Payment', but is that the correct breach when it was an overstay of the 2free hours?

Any advice would be greatly appreciated. 

Le_Kirk

The NEWBIE sticky explains in good detail what to do upon receipt of a letter of/before claim.  Did you see the "NEWBIES please read these first" sticky?

Clairebearx

Ah I was just coming back to update my post to say i've sent a SAR to the Total Parking Solutions Data Protection Officer.

Though I haven't emailed BW Legal to tell them that (or the part about the 30 day debt advise) as i wondered if i should do that now, or wait until nearer the end of the 5th April deadline they've given to buy a little time?

B789

Clairebearx said:

Though I haven't emailed BW Legal to tell them that (or the part about the 30 day debt advise) as i wondered if i should do that now, or wait until nearer the end of the 5th April deadline they've given to buy a little time?

As per Newbies, if you are using the 30-day debt advice extension to give you more time then leave it as late as possible. If/when you do send that request, don't expect a response. Just don't expect an N1 claim form before your 30 days are up.

but should we just pay the £135 to BW Legal and be done with it.

Absolutely NOT!!! Unless you are happy to part with your hard-earned money and continue funding these scammers. If you follow the advice and read, re-read and read again the Newbies thread near the top of this forum as advised by @Le_Kirk above you should not have to pay a penny.

Coupon-mad

Only £135?  Please show us that letter.

Clairebearx

Coupon-mad said:

Only £135?  Please show us that letter.

 No problem, this is what i've received.....

I've also had my SAR request back from TPS, but I'm not sure what I should be looking for.

I know on the entry/exit photos they sent, I can't see the time stamp very clearly and minutes are totally obscured.

Oh and there's a letter about why our appeal was denied, which is the first time we've seen it as we never received it in the post.

But I've been told my personal data belongs to TPS and i cannot 'copy, distribute, modify, reproduce, transmit, publish (including published on the internet or intranet) or otherwise make available in whole or in part without the prior written consent of the copyright holder.' so i don't know what to do with it

B789

Clairebearx said:
I've also had my SAR request back from TPS, but I'm not sure what I should be looking for. 

I know on the entry/exit photos they sent, I can't see the time stamp very clearly and minutes are totally obscured.

Oh and there's a letter about why our appeal was denied, which is the first time we've seen it as we never received it in the post.

But I've been told my personal data belongs to TPS and i cannot 'copy, distribute, modify, reproduce, transmit, publish (including published on the internet or intranet) or otherwise make available in whole or in part without the prior written consent of the copyright holder.' so i don't know what to do with it

It's pretty obvious how they are trying to scam you, isn't it? How can "your" personal data "belong" to TPS? They are just pooping themselves if you come here and expose them for the scammers that they are.

If they've sent you "your personal data", which includes correspondence to you, including the photos of "your" car, you have the right to use it as you see fit. If you were even bothered by their warning, just tell them to expedite the process and issue a claim. Let's see what a judge would make of that warning in a small claims court.

Clairebearx

Excellent. Yep I did wonder how they could limit someone from using their own personal data.

This is the quote given 'Copyright in the personal data you have been given belongs to Total Parking Solutions Ltd or to another party. Copyright material must not be copied, distributed, modified, reproduced, transmitted, published (including published on the internet or itranet [sic]) or otherwise made available in whole or in part without the prior written consent of the copyright holder.'

I'd say it's unbelievable...but it's pretty believable.

B789

Technically, they do own the copyright of the photos that their employee took

FYI: "People can use copyright works without permission from the copyright owner, such as for private study or non-commercial research, although some exceptions are not available for photographs".

I would class using this forum as "non-commercial research".

Clairebearx

B789 said:

Technically, they do own the copyright of the photos that their employee took

FYI: "People can use copyright works without permission from the copyright owner, such as for private study or non-commercial research, although some exceptions are not available for photographs".

I would class using this forum as "non-commercial research".

Ah of course they don't make it clearer that it just covers the pictures and they leave it to sound like the it's all the info they send.

Ok so i take it that means i can't post the pictures of the car coming and going, but what about just the portion that shows the timestamp and not the whole copyrighted pic?

Coupon-mad

Please show us the Notice to Keeper.