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BW Legal Letter of Claim

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  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
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    I would ICO it and not blackmail them into dropping it or else!.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    atrixblue.-MFR-. wrote: »
    I would ICO it and not blackmail them into dropping it or else!.

    Interesting point but we are dealing with people who
    just love to blackmail people with their letters and lies.

    It's gone too far, the "or else" is the complaint to the ICO

    These parking mobsters have brought this on all by themselves
  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
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    beamerguy wrote: »
    Interesting point but we are dealing with people who
    just love to blackmail people with their letters and lies.

    It's gone too far, the "or else" is the complaint to the ICO

    These parking mobsters have brought this on all by themselves
    That is true to but one must remain in honour in the eyes of a court system or youll get bitten!. The issue the OP faces is one of two different types, one of breach of data and one of handling a overstay. They should remain separate, or the OP in is going to look like a person who straight up blackmailed them into dropping it over something that is unrelated to the case itself. making him look dishonourable infront of a judge. let BWL do all the blackmailing and dishonourable stuff, if it gets to court and OP is squeaky clean then it goes to show he is an honest person.
  • jtotheb
    jtotheb Posts: 137 Forumite
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    atrixblue.-MFR-. wrote: »
    making him look dishonourable infront of a judge. let BWL do all the blackmailing and dishonourable stuff, if it gets to court and OP is squeaky clean then it goes to show he is an honest person.

    That is a valid point. Maybe in my response I should mention the data breach and see if they want to draw their own conclusions about whether they want to cancel this or not....
  • System
    System Posts: 178,106 Community Admin
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    #ATRIXBLUE.-MFR-. is passing on good advice. For the sake of clarity

    Breaches of the code = BPA
    Breaches of KADOE = DVLA
    Breaches of DPA = ICO.

    Cross complaining about issues that organisations can do nothing about and have no authority to do anything about just wastes time, causes resentment, and marks the complainant out as someone who hasn't thought the issue through. [Guilty of this before but have seen recent clarification of the issues]
  • jtotheb
    jtotheb Posts: 137 Forumite
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    Letter sent to BWLegal in response to their Letter of Claim and a standard response has been received from them. I've started researching what to do in terms of them taking this to court but the real facts of this case are that I did park for longer than I'd paid for (by about 30 mins).

    In this case, what would my defence be?
  • Coupon-mad
    Coupon-mad Posts: 133,281 Forumite
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    Were you actually almost 30 minutes past paid-for time (all time being an overstay at the end), or maybe 15 minutes on arrival to get an app to work, and then ten to leave after the paid-for time?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jtotheb
    jtotheb Posts: 137 Forumite
    edited 27 July 2018 at 3:00PM
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    Coupon-mad wrote: »
    Were you actually almost 30 minutes past paid-for time (all time being an overstay at the end), or maybe 15 minutes on arrival to get an app to work, and then ten to leave after the paid-for time?

    They have an ANPR entry timestamped image of my car at time x and an ANPR exit time stamped image of my car at time x+60 minutes. I believe I paid for 30 minutes (although I think we used my wife's Ringgo account as it's not on mine, so I'll need to check on the actual time we used the app when I get to see her later).

    Here's some images I took of the car park yesterday. https://ibb.co/album/hFSFdv

    As you can see, it's not until you start driving down the slope to the car park (https://ibb.co/fkKLio) that you see the sign showing you the T&Cs - by that time, it's too late to reverse back up (which would be very dangerous) and then you are caught by the ANPR https://ibb.co/nhw5G8.
  • Coupon-mad
    Coupon-mad Posts: 133,281 Forumite
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    I know that place, near Nandos in Epsom; my friend lives nearby. There are a few free roads there but not many, and the Ashley Centre. I would never have chosen that NCP car park...!

    Anyway you can't say you didn't see the signs because you/your wife read them in order to pay for 30 minutes.

    However, BW Legal are shockingly bad with defended cases and you may as well defend.
    In this case, what would my defence be?
    Hmmm...difficult one to find a focus for, but still worth fighting even to kick out the added made up 'costs'. This is one that could be lost but maybe BW Legal will muck it up as per usual.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jtotheb
    jtotheb Posts: 137 Forumite
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    OK thanks. So it would have been better not to pay anything then!

    Should I now wait until I get a claim from them now or would it be worth going back with another harder letter to them?
This discussion has been closed.
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