Letter from BW Legal

Redx · 13 January 2019 at 8:27PM

you asked for details that are not your data in that list

have you added to the LEGAL BEAGLES template ?

the template is basic and so you must have dragged the above list from somewhere ?

edit

the NEWBIES thread currently mentions this

A SAR is free. Ask for (as a minimum):

- ALL photos taken
- a close up of the signs on the day in question
- evidence that they have paid a debt collector, if they are trying to add £60 per PCN (they can't do that but will if YOU let them)
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse). You want the PDT machine record if it;s an PDT machine car park.
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

see the advice in post #14 here

https://forums.moneysavingexpert.com/showthread.php?t=5949280

That_debbie · 13 January 2019 at 8:49PM

I used that template. The only thing I added was about the grace period. In a previous response to one of my emails to BW Legal where I stated mitigating circumstances regarding the grace period for a disabled person, they replied, they do have a grace period but I overstayed it, but they didn't state what their grace period is and it is not mentioned in NCP's Terms & conditions

That_debbie · 13 January 2019 at 8:54PM

I didn't ask for letters and e-mails as I already have them all and have printed off all the e-mails

Redx · 13 January 2019 at 8:55PM

so you ask B W LEGAL for those details like GRACE PERIODS and blue badge compliance etc , putting them on the spot under the CPR rules

dont go off piste with NCP, stick to your personal data alone in your SAR

ask B W LEGAL by email in your SAR and CPR to them for the same details plus ADD your extras that dont come under THE SAR to NCP

Coupon-mad · 14 January 2019 at 3:03AM

Write a letter explaining that my disabled son was performing in a show at a nearby theatre and took a while to get changed and we didn't realise the time? I can prove this and have a copy of his Blue badge

NOT that you ''didn't realise the time''. NEVER say that, you were not at fault!

But yes to the fact he needed more time to go about his daily life.

I stated mitigating circumstances regarding the grace period for a disabled person

Send the PPC and BW Legal (both) a copy of the EHRC Code of Practice for Service Providers, and ask how they will defend INDIRECT DISCRIMINATION adversely discriminating against the disabled population 'at large', which cannot ever be justified by being heard to say 'we didn't know the person was disabled'.

State that the law provides for a statutory duty on Service Providers like parking firms (breach of which can result in a fine and/or imprisonment) to adjust inflexible policies like fixed time limits, which would include grace periods. A parking firm cannot apply a blanket policy to people who take longer due to their 'protected characteristics' and who enjoy the protection of the Equality Act 2010.

Read the EHRC CoP first (Google it) and read about:

- indirect discrimination against the disabled population 'at large', and

- the fact they MUST make reasonable adjustments by law, and

- the fact that this includes fixed time limits that would work adversely against disabled visitors (search the EHRC CoP for the word 'TOURS' as this gives a relevant example of this exact type of discrimination).

Attach proof of the disability, if you have not already. in fact I would attach it again.

Here is a letter I wrote earlier for someone to really lay it on the line in a similar case:

https://forums.moneysavingexpert.com/showthread.php?p=74071023#post74071023

And read this, to understand the law. The principle here (below link, where Councils were forced to agree to allow disabled people more time for their money - e.g. a free hour on top of paid-for time, or double time allowed for the same tariff) can just as easily be applied to private parking operators because the EA 2010 applies to all situations:

https://www.wake-smith.co.uk/news/council-car-park-case-settled-a-victory-for-blue-badge-holders/

HTH

That_debbie · 19 January 2019 at 7:38PM

Thank you for your advice. I've had a look. Should I mention that also in my Defence? I'm really struggling to know how to word my defence . I've had a look at some examples of defences on here, but some of them are so long winded and full of legal jargon I don't understand. Should I just keep it simple in layman's terms, and focus on the fact there was a disabled person in the car?

Coupon-mad · 19 January 2019 at 7:41PM

Don't use a longwinded one, use bargepole's concise template from the NEWBIES thread post #2, and then add a couple of numbered points using the words I said above.

Are you actually at defence stage, got a court claim and have acknowledged it?

KeithP · 19 January 2019 at 7:42PM

Base your Defence on one of the shorter concise Defences by bargepole linked from post #2 of the NEWBIES thread.

You know where the NEWBIES thread is - I supplied a link to it, twice in fact, in post #27 above.

That_debbie · 20 January 2019 at 9:52AM

Yes I've acknowledged it

Coupon-mad · 20 January 2019 at 8:42PM

Good, so now use bargepole's concise template from the NEWBIES thread post #2, and then add a couple of numbered points using the words I said above.

Show us the draft, to be checked.

Letter from BW Legal

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