Letter of claim bwlegal

Zedcars

Coupon-mad said:

As seen in all other LBC threads, e.g. 

https://forums.moneysavingexpert.com/discussion/comment/80156062#Comment_80156062

https://forums.moneysavingexpert.com/discussion/comment/80137364#Comment_80137364

https://forums.moneysavingexpert.com/discussion/comment/80143934/#Comment_80143934

You will learn so much more from reading other LBC stage threads than asking on yours.

This is the email I have received:

Thank you for your email received on the 25 June 2023.

 

Your request in your letter has been interpreted here as a “subject access request” at this stage, we believe that you require “copies” of information that we retain and/or have shared with other organisations.  This is not a “data portability” request as far as we can tell.  If we have misinterpreted your request, please contact us again.

 

We encourage you, if not done so already, in the first instance to review our privacy statement which outlines the reason for the collection of your data www.g24.co.uk/privacy-notice.  If you need a printed copy, please let us know and we will send this to you.  This outlines why we collect the data and the lawful justification for us to be entitled to do so.  In principle, by entering the car park, you entered into a contract with the terms noted at the site.  If the terms are breached, we have a contract with you and/or a legitimate interest to pursue you for the additional charges. 

 

In your case, we confirm the following process has been taken and that your details are recorded as follows:

 

1. ANPR; Images of your vehicle are shown on your Parking Charge Notice.
2. DVLA; The registered keepers information as supplied by the DVLA is also contained within your Parking Charge Notice

 

In terms of the data that you have provided us through the breach of the terms of the contract, the data that has come from your registration number is as follows:

 

1. Registered keeper; xxxxxxx
2. Address the vehicle is registered; xxxxx
3. Make/model/colour; xxxx xxxxx xxxx
4. Registration; xxxx xxx

 

 

At this stage there are very few emails or communications that make reference with your name and we have reviewed our system and we include the following copies for you:

 

1. Contractual Parking Charge Notice
2. Final Notice
3. Emails to dataprotection@g24.co.uk

 

Please note that failure to pay the debt within the timescales means that we are entitled to share your details with our debt recovery management service.  If at that stage you wish to have more information as to what is shared you may make a separate request to them directly.

 

If you are unhappy with this response you can contact the ICO, their details are provided below.

 

https://ico.org.uk/make-a-complaint/

Help Line: 03031231113

 

Yours Sincerely,

KeithP

Well, are you unhappy with their response?
They have done what you wanted, haven't they?

Coupon-mad

None of that affects the advice I gave about your required response to the solicitor, to kick the can down the road for 30 days so you can read the words of wisdom that the DLUHC are due to publish in July.

Zedcars

Coupon-mad said:

None of that affects the advice I gave about your required response to the solicitor, to kick the can down the road for 30 days so you can read the words of wisdom that the DLUHC are due to publish in July.

This is the response I have received from the solicitor:

Good Afternoon

Thank you for your contact, the contents of which has been noted on file.

In support of your claims, if you could please provide any references you have been given when seeking debt advice

Upon receipt, we will review and action the matter accordingly in line with our processes.

In the meantime, collections activity will continue.

Should you have any further questions, please do not hesitate to contact our office on 0113 487 0432.

If you have any further issues or new questions that you would like us to assist you with, we kindly request that you use the contact options below to submit a new query.

My question is what references are they referring to? How do I answer this question?

KeithP

Zedcars said:

This is the response I have received from the solicitor:

Good Afternoon

Thank you for your contact, the contents of which has been noted on file.

In support of your claims, if you could please provide any references you have been given when seeking debt advice

Upon receipt, we will review and action the matter accordingly in line with our processes.

In the meantime, collections activity will continue.

Should you have any further questions, please do not hesitate to contact our office on 0113 487 0432.

If you have any further issues or new questions that you would like us to assist you with, we kindly request that you use the contact options below to submit a new query.

My question is what references are they referring to? How do I answer this question?

Give the name of someone you know and a reference number you have just dreamt up.

Seriously, they have no right to that information. You can seek debt advice from wherever you like and you don't have to tell anyone else. When my daughter asks for debt advice we manage the conversation without any reference number at all.

Coupon-mad

Respond and quote the PAP for Debt Claims (Google it) section about seeking debt advice, which says it is your right to ask for a '30 day hold'.  

Quote that clause and tell them that:

The word 'SEEKING' (debt advice) is a big clue that the 30 days provision in the PAP is in order for a victim of a rogue parking firm to LOOK FOR advice.  Are they stupid or are they just aggressive bulk litigators who think the PAP doesn't apply to them?  This email exchange will be shown to the Judge, if this case limps that far, after the DLUHC are expected to slam this level of 'extortion in their draft Code of Practice Impact Assessment.

Zedcars

Coupon-mad said:

Respond and quote the PAP for Debt Claims (Google it) section about seeking debt advice, which says it is your right to ask for a '30 day hold'.  

Quote that clause and tell them that:

The word 'SEEKING' (debt advice) is a big clue that the 30 days provision in the PAP is in order for a victim of a rogue parking firm to LOOK FOR advice.  Are they stupid or are they just aggressive bulk litigators who think the PAP doesn't apply to them?  This email exchange will be shown to the Judge, if this case limps that far, after the DLUHC are expected to slam this level of 'extortion in their draft Code of Practice Impact Assessment.

So now I’ve received a letter saying I have 30 days for debt advice. Now what? What am I waiting for here? I haven’t really asked for any debt advice …

Coupon-mad

You are kicking the can down the road so you can prepare better for a daft claim, if it comes in September.  Good prep is:

- seeing if the landowner will cancel it in August  because it's never too late to push that complaint up a notch and possibly see it cancelled; 

- reading the NEWBIES thread second post all the way through;

- reading the newly edited Template Defence;

- reading the DLUHC Impact Assessment Discussion thread and understanding the notes we've made from the Govt's analysis about the fake added £70 so you understand why the Template Defence now says what it says;

- reading other BW Legal court claim threads (search the forum) because their claims & Witness Statements are near-identical 'boilerplate text' templates, so you can read exactly what is to come and how people win!

Zedcars

Coupon-mad said:

You are kicking the can down the road so you can prepare better for a daft claim, if it comes in September.  Good prep is:

- seeing if the landowner will cancel it in August  because it's never too late to push that complaint up a notch and possibly see it cancelled; 

- reading the NEWBIES thread second post all the way through;

- reading the newly edited Template Defence;

- reading the DLUHC Impact Assessment Discussion thread and understanding the notes we've made from the Govt's analysis about the fake added £70 so you understand why the Template Defence now says what it says;

- reading other BW Legal court claim threads (search the forum) because their claims & Witness Statements are near-identical 'boilerplate text' templates, so you can read exactly what is to come and how people win!

Please could you add links to these threads? I’m not very good with this kind of stuff. Thank you 🙏 

Le_Kirk

No need for links to your points 2, 3 & 4 as they are pinned threads on page one of the forum.  Your first point is for you to badger the landowner until they agree to get it cancelled!  Your final point is to read other threads, either by just looking at the title of the thread or by searching using BW Legal as your search term and changing drop down box from Best Match to Newest.  This way you will become "good with this stuff".