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  • FIRST POST
    • rsturbomad
    • By rsturbomad 9th Aug 18, 2:53 PM
    • 28Posts
    • 9Thanks
    rsturbomad
    BW Legal - LBC?
    • #1
    • 9th Aug 18, 2:53 PM
    BW Legal - LBC? 9th Aug 18 at 2:53 PM
    Hello all,

    I have read read through the heaps of info on this board and it has been very useful. You people do a fantastic job helping us all out. I have a few questions and would like to apologise in advance if this has been answered before but I haven't been able to find the answers so far. Furthermore I have some example letters which you all may find useful.

    Specifics
    I received PCN last year 11/17 from NCP for parking without payment... I didn't actually park nor leave the vehicle as I was picking up my better half and her friend. This is an activity I have done a fair few times however...I was completely oblivious to the recently fitted ANPR camera which snapped me on entrance and exit. (however no proof of actual parking)

    I was infuriated when the cowboys from NCP sent threatening letters demanding £60 with and increase to £100 if I didn't cough up soon! This was completely out of proportion to the time I was in the carpark (around 10mins if I remember rightly) so I did a little research at the time and chose not to respond. I would have happily paid up if it was reasonable. Moreover I frequently use this car park and have a lot of proof of payment. Just want to be clear I am not the kind of person who just racks up PCN's for the laugh - I'll happily pay my way if I am actually parking my car.

    Since then I have received multiple letters from NCP, TRACE, Gladstones & now after a fair amount of time.. BW Legal. Below are the letters I received this month - may be worth mentioning that both letters were posted in the same envelope: -
    ================================================== ========================
    NCP
    Your account has been passed to our legal team
    Date:
    Account Reference:
    Outstanding Balance: £ 160,00
    Dear *****
    As you have failed to make arrangements to pay your account Balance to ourselves (NCP) or to our debt collection provider TRACE Debt Recovery UK Limited, your account has now been sent to BW Legal, who are our approved legal service provider.

    They will contact you regarding payment of the outstanding Balance. All future contact and correspondence relating to this debt should now be referred to them with immediate effect.
    You must call them on 0113 323 4479 — they’ll be able to help you.

    Their address is:
    3W Legal
    Enterprise House
    Apex View
    Leeds
    LSI1 9BH
    Telephone Number: 0113 323 4479
    Web Address:


    If you have any questions about this letter or your outstanding Balance, please call BW Legal on the number shown above.
    ================================================== ========================================
    BW Legal

    Our Client: National Car Parks Limited Date of Contravention:
    Account Number: Balance Due: £160.00
    Vehicle Registration:

    Contravention Description: Parked without payment of the parking charge
    Contravention Location:


    We have been instructed by National Car Parks Limited (NCP) and TRACE Debt Recovery UK Limited in relation to the Balance Due for the above Parking Charge Notice (PCN”).

    The Balance Due of £160.00 includes the PCN charge plus Our Client’s initial legal costs of £60.00, which are
    detailed in the car park or signage terms and conditions, Our Client’s terms and conditions are clearly displayed in our client signage.

    As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the Balance Due remains outstanding and we require payment in full within 16 days from the date of this letter, If you fail to make payment or provide reasons for non-payment within the specified timeframe, we will seek Our Client’s instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules.

    County Court Proceedings
    In the event County Court proceedings are issued, you may be liable for Court fees, further solicitors’ costs and
    statutory interest. If Our Client successfully obtains a County Court Judgment (“CCJ”) against you, then a CCJ may be recorded on your credit file for 6 years unless you satisfy the CCJ in full within a month of the CCJ being
    entered. A CCJ on your credit file may affect your ability to obtain future credit and may affect your
    employability. Our Client also reserves the right to commence enforcement proceedings against you for recovery of the Balance Due.

    What do you need to do next
    It is important you contact us to resolve your account. We are keen to work with you and one of the quickest ways to review your account is to register on our Customer Portal by visiting . Through our Customer Portal, you can make a payment, advise us of any disputes against the PCN, upload documentation to support your dispute and communicate with us via web chat.

    Call us today on 0113 323 4479if you would prefer to discuss your account with one of our helpful team.
    ================================================== ========================

    Questions
    1. I have had trouble finding examples of LBC's. Is this letter from BW an LBC?
    2. Should I respond robustly now or should I wait?
    3. Gladstones then BW..do G'stones know something that BW don't?
    Your help is greatly appreciated.

    Turbo
Page 1
    • Umkomaas
    • By Umkomaas 9th Aug 18, 3:04 PM
    • 20,694 Posts
    • 32,597 Thanks
    Umkomaas
    • #2
    • 9th Aug 18, 3:04 PM
    • #2
    • 9th Aug 18, 3:04 PM
    Questions
    1. I have had trouble finding examples of LBC's. Is this letter from BW an LBC?
    2. Should I respond robustly now or should I wait?
    3. Gladstones then BW..do G'stones know something that BW don't?
    1. If it threatens court you should be treating potentially as one. But it does need to comply with the Pre-Action Protocol for Debt Collection (PAP) so read up on that and in your robust response (examples linked in the NEWBIES FAQ sticky, post #2) require them to provide you with every bit of information to which you are entitled.

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

    2. Once you got your head round how to do it properly - don't knee-jerk this.

    3. BWL seem to have lost 2 of their major 'customers' and appear to be touting their 'service' around the bottom-feeders, or those not previously pursuing litigation, in PPC-world.

    So you have NCP, Gladstones, Trace and now BWL handling your personal data. Time to give them all a shock to their systems and drop a SAR-bomb on each of them. Fully loaded and let it explode on their desks! That should nicely tie them up for a while! Here's some background and advice:

    https://forums.moneysavingexpert.com/showthread.php?t=5849784
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • rsturbomad
    • By rsturbomad 9th Aug 18, 8:48 PM
    • 28 Posts
    • 9 Thanks
    rsturbomad
    • #3
    • 9th Aug 18, 8:48 PM
    • #3
    • 9th Aug 18, 8:48 PM
    Many tanks for your quick response. I shall have a read and start prepping my letter.
    • Umkomaas
    • By Umkomaas 9th Aug 18, 10:25 PM
    • 20,694 Posts
    • 32,597 Thanks
    Umkomaas
    • #4
    • 9th Aug 18, 10:25 PM
    • #4
    • 9th Aug 18, 10:25 PM
    Many tanks for your quick response
    I know I said 'SAR-bomb', but that's taking things a bit too literally!
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • The Deep
    • By The Deep 10th Aug 18, 9:40 AM
    • 11,020 Posts
    • 10,986 Thanks
    The Deep
    • #5
    • 10th Aug 18, 9:40 AM
    • #5
    • 10th Aug 18, 9:40 AM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • rsturbomad
    • By rsturbomad 11th Aug 18, 12:36 PM
    • 28 Posts
    • 9 Thanks
    rsturbomad
    • #6
    • 11th Aug 18, 12:36 PM
    • #6
    • 11th Aug 18, 12:36 PM
    I know I said 'SAR-bomb', but that's taking things a bit too literally!
    Originally posted by Umkomaas
    Haha - I meant to do that...honest.

    Been reading through the SAR / GDPR stuff and it suddenly dawned on me..I no longer own the vehicle. Does that complicate the SAR request at all?

    I have the majority of my letter wrote and wondered is it worth mentioning the specifics? More so the fact that I didn't park / leave the vehicle.

    Cheers
    Turbo
    • Umkomaas
    • By Umkomaas 11th Aug 18, 12:48 PM
    • 20,694 Posts
    • 32,597 Thanks
    Umkomaas
    • #7
    • 11th Aug 18, 12:48 PM
    • #7
    • 11th Aug 18, 12:48 PM
    Been reading through the SAR / GDPR stuff and it suddenly dawned on me..I no longer own the vehicle. Does that complicate the SAR request at all?
    It's not so much about the car details it's about what personal data they hold and have dealt with about you, not your car.

    Whatever the situation is with the car, the PPC wouldn't know its current ownership, so I wouldn't worry about that.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • rsturbomad
    • By rsturbomad 27th Aug 18, 5:54 PM
    • 28 Posts
    • 9 Thanks
    rsturbomad
    • #8
    • 27th Aug 18, 5:54 PM
    • #8
    • 27th Aug 18, 5:54 PM
    Hello All,
    I recently received the LOC on 22nd (dated 16th) from BWL. No acknowledgement of my response and SAR request though. Probably a robot at work here: -


    LETTER OF CLAIM
    Our Client: National Car Parks Limited Date of Contravention:
    Account Number: Balance Due: £160.00
    Vehicle Registration: REG
    Contravention Description: Parked without payment of the parking charge Contravention Location:
    We have been instructed by National Car Parks Limited to commence legal action in the form of issuing a Claim against you in the County Court in respect ofthe above debt. If payment or a response is not received before 20 September 2018, we are instructed to issue a Claim against you in the County Court without further notice. If you dispute this debt, please tell us why so that we can help resolve this matter.
    Estimated Claim Such legal action may result in you being liable for court fees, solicitors’ costs and statutory interest which are estimated below.
    Enclosures
    Enclosed with this letter are:
    .Information Sheet: a sheet explaining what to do next, including how to avoid Court action.
    .Reply form: a form to complete and return containing four sections.
    .Income and Expenditure Form: a form to complete and return to outline your fmancial circumstances.
    Principal Debt + Initial Legal Costs £160.00
    Estimated Interest £10.06
    Estimated Court Fees £25.00
    Estimated Solicitors’ Costs £50.00
    Estimated Total £245.06
    What You Need To Do Now Payment of £160.00 or your reasons for non payment are required by 20 September 2018 to avoid the above legal action. Ifyou are unable to pay the Balance in full, Our Client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances.
    How to Get In Touch
    Online Manage your account at (website). You can complete the Reply Form and your income and expenditure online, make a payment, set up an affordable payment arrangement and speak to us by webchat.
    • Speak to us or email us Call us today on 0113 323 4479 or email us at contact(a bwIeaI.co.iik to discuss this matter with one of our helpful team. • By post Complete and return the attached Reply Form to us at the address at the foot ofthis letter by 20 September 2018.
    Pre-Action Protocol For Debt Claims This letter is being sent to you in accordance with the Civil Procedure Rules Pre-Action Protocol for debt claims, a link to which is contained on the foot of the enclosed information sheet. In particular, we refer you to paragraph 7, which sets out the expectations ofthe court in terms of complying with the Protocol.
    Particulars of Debt On 2 November 2017, you were granted a limited contractual licence to enter the land known as (“Site”), which is managed and operated by Our Client. In return, you were to abide by certain terms and conditions (“Terms and Conditions”) which were prominently displayed on the signage erected in situ by Our Client. On 2 November 2017, you breached the Terms and Conditions by Parked without payment ofthe parking charge (“Breach”). The Breach resulted in Our Client issuing a Parking Charge Notice (“PCN”) on 02/11/2017 which, despite our client’s attempts to engage with you and agree a suitable payment arrangement, remains unpaid.
    Statement of Account The following summary statement shows the transactions applied to your account since the PCN was issued by Our Client:
    Principal Balance £160.00
    Total Payments £0.00
    Total Adjustments £0.00
    Total Interest £0.00
    Total Debt Recovery Costs £0.00
    Curremt Balance £160.00
    Our Client’s entitlement to the total Debt Recovery Costs referred to in the table above is expressed in the Terms and Conditions, which you accepted upon entering the Site. Such costs are recoverable in any event under the relevant Parking Code(s) ofPractice.
    Warning of Court Proceedings Ifpayment or a response is not received from you by 20 September 2018 we are instructed to issue a County Court Claim without further reference to you, together with applying the interest, fees and costs highlighted on the previous page.
    If payment or a response is not received following a County Court Claim, a County Court Judgment (“CCJ”) may be entered against you. If a CCI were to be entered, it would be recorded on your credit file for 6 years unless you pay the Judgment debt in full within a month ofthe CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit.
    If a CCJ were to be entered and you were to fail to comply with the CCI order, we may apply to the County Court to take further enforcement action which you would be notified of separately.
    We Look Forward To Hearing From You Our helpful team would like to work with you to reach a solution without the need for Court proceedings to be issued and it is therefore important that you get in touch before 20 September 2018.
    Yours faithfully

    ================================================== ================================================== ================================================== ====

    I then received a response shortly after again with no acknowledgement of the SAR I also requested: -

    Dear
    Our Client: National Car Parks Limited
    Account Number:
    Balance: £160.00 (“the Balance”)
    We write with reference to the above matter. We note your recent correspondence alludes to your reasons for disputing Our Client’s Parking Charge Notice (PCN). We have set out Our Client’s position below in response to your correspondence.
    1. Our Client’s cause of action is that you breached the Terms and Conditions ofthe contract which you entered into by parking your vehicle in the car park, by parking your vehicle, without payment ofthe parking tariff.
    2. Our Client is pursuing you as the registered keeper of the vehicle. (NOTE NO EVIDENCE PROVIDED)
    3. Our Client does intend to rely on Schedule 4 of Protection of Freedoms Act 2012.
    4. The details ofthe claim are that parking your vehicle, without payment ofthe parking tariff.
    5. The Parking Charge Notice (PCN) which you have been issued with is for a breach of contract. The only right which you have to enter the land in question are on the Terms and Conditions which apply. It is unnecessary to apply an analysis of offer, acceptance and consideration quite simply because the contract was formed on mutual promises. By parking your vehicle in the car park you have entered into a unilateral contract with Our Client. Acceptance does not have to be communicated, the act of parking your vehicle is acceptance.
    6. This is not a claim for trespass.
    7. Please be aware that the contract between Our Client and the landowner is a legally privileged document which you have no right to inspect. However, should this matter progress to court, the contract will be adduced as evidence.
    8. Our Client is under no obligation to supply this.
    9. As established members of the Independent Parking Community, Our Client adheres to their Code of Practice for Private Enforcement on Private Land and Unregulated Car Parks (‘Code of Practice’). This Code of Practice gives recommendations in regards to the signage within the Car Park. The signs within the Car Park comply with the recommendations in the Code of Practice and are therefore deemed reasonable.
    10. [100.00] remains unpaid for the Parking Charge Notice. furthermore, our legal fees of [£60.00] are reasonable for a professional law firm dealing in this type of legal work and payment of such fees was detailed in the Terms and Conditions located within the Car Park.
    11. This will be issued in due course.
    What to do next Our Client is willing to resolve matters with you on an amicable basis, however, this is contingent on you making immediate arrangements to repay the Outstanding Balance Due within 14 days.
    If you cannot afford to pay the Outstanding Balance within 14 days don’t worry, Our Client may be willing to accept repayments ofthe Outstanding Balance at an affordable rate each month. It is important that you call us before the 14 day period expires to discuss the options available to you.
    We are here to assist you, however, if you have not taken any of the action above before the deadline expires, we are instructed to continue with the legal recoveries process which make include the prospect of bring County Court proceedings against you (if such action has not already been taken) to recover the outstanding balance.
    How to make payment One of the quickest ways you can review your account is to register on our Customer Portal by visiting (website)on here, you can make payment or, alternatively, to propose a repayment plan in respect of the outstanding amount.
    Alternative, please call us today on 0113 323 4479 ifyou would prefer to discuss your account with one of our helpful team. We also accept payment by a variety of methods which are specified overleaf.
    If you are in any doubt about the content of this letter and/or require guidance/assistance on clearing the balance due to financial difficulties, we would advise you to seek free advice, on the reverse of this letter is a list of some free Debt Management Companies that are available to help, alternatively you can obtain legal advice from a Solicitor.
    Yours sincerely

    ================================================== ================================================== ==========================================

    Your thoughts and advice are muchly appreciated.

    Turbo
    • KeithP
    • By KeithP 27th Aug 18, 7:08 PM
    • 11,368 Posts
    • 11,896 Thanks
    KeithP
    • #9
    • 27th Aug 18, 7:08 PM
    • #9
    • 27th Aug 18, 7:08 PM
    Guidance on how to respond to a Letter of Claim, aka Letter Before Claim, is available in post #2 of the NEWBIES FAQ sticky thread.
    .
    • Coupon-mad
    • By Coupon-mad 27th Aug 18, 9:52 PM
    • 64,896 Posts
    • 77,472 Thanks
    Coupon-mad
    I'd reply how ever you want, I'd be saying:

    - don't patronise me, you are not here to 'assist me' and there is no debt.

    - I require your client to show that debt recovery costs were actually expended:
    Our Client’s entitlement to the total Debt Recovery Costs referred to in the table above is expressed in the Terms and Conditions, which you accepted upon entering the Site. Such costs are recoverable in any event under the relevant Parking Code(s) ofPractice.
    • IamEmanresu
    • By IamEmanresu 28th Aug 18, 6:43 AM
    • 3,784 Posts
    • 6,230 Thanks
    IamEmanresu
    You ask for a copy of the contract which meant the signs on which they will rely. Did they send them?

    Is there something wrong with the template being used?

    You say no response to SAR(?) They have 30 days. Have they failed?
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • Coupon-mad
    • By Coupon-mad 28th Aug 18, 1:21 PM
    • 64,896 Posts
    • 77,472 Thanks
    Coupon-mad
    Is there something wrong with the template being used?
    Too old now, IMHO, talks about the 1st October changes. And people just copy the whole thing regardless of if they already have half the stuff listed.
    • rsturbomad
    • By rsturbomad 28th Aug 18, 6:50 PM
    • 28 Posts
    • 9 Thanks
    rsturbomad
    Guidance on how to respond to a Letter of Claim, aka Letter Before Claim, is available in post #2
    Originally posted by KeithP
    Cheers Keith I have today seen the second response Coupon put together.

    I'd reply how ever you want, I'd be saying:

    - don't patronise me, you are not here to 'assist me' and there is no debt.

    - I require your client to show that debt recovery costs were actually expended:
    Originally posted by Coupon-mad
    Cheers Coupon - I shall look to adopt the example second response you have previously put together.

    You ask for a copy of the contract which meant the signs on which they will rely. Did they send them?
    Originally posted by IamEmanresu
    Nope they said "our client is under no obligation to supply this"

    You say no response to SAR(?) They have 30 days. Have they failed?
    It hasn't been 30 days yet its just the fact they haven't acknowledged the SAR which I sent in the same letter.

    Cheers again everyone, I have a few Q's: -

    1. Should they provide the information I have asked for before they begin the claim? The reason I ask is they are still persistent on trying to scare me with setting deadlines:

    "What to do next Our Client is willing to resolve matters with you on an amicable basis, however, this is contingent on you making immediate arrangements to repay the Outstanding Balance Due within 14 days"

    This frustrates the hell out of me

    2. In the response they sent they have mentioned the following :

    "We note your recent correspondence alludes to your reasons for disputing Our Client’s Parking Charge Notice (PCN)."

    Should I mention that I did not actually park?

    3. Should I chase for evidence?

    Many thanks all
    Turbo
    • KeithP
    • By KeithP 28th Aug 18, 7:24 PM
    • 11,368 Posts
    • 11,896 Thanks
    KeithP
    You ask for a copy of the contract which meant the signs on which they will rely. Did they send them?
    Originally posted by IamEmanresu
    Nope they said "our client is under no obligation to supply this"
    Originally posted by rsturbomad
    The 'contract' that IamEmanresu is referring to is that between the driver and the PPC, i.e. the signs.
    They need send pictures of the signs.

    The contract that they are referring to, and which they refuse to supply, is the one between themselves and the landowner.
    .
    • rsturbomad
    • By rsturbomad 29th Aug 18, 7:31 PM
    • 28 Posts
    • 9 Thanks
    rsturbomad
    Thanks Keith.

    Thinking about the second response and being new to this so forgive me if i'm wrong but..Given the fact that they haven't provided adequate information / evidence; and the fact they haven't acknowledged or provided the info they have regarding my personal data (response to the SAR)..... Should I bother replying until they have done? ...My thoughts are :...their initial responses aren't the best and don't provide the info set out by the pre-action protocol....therefore if this was to go to court would work to my advantage...?

    I realize I didn't post my LBC with SAR so here it is:-

    ================================================== ====================

    Dear Sirs,

    Thank you for your letter of claim dated <DATE> reference: <REF>.

    Your letter contains insufficient detail of the claim and fails to provide copies of evidence your clients places reliance upon.

    Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

    Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your clients to provide. Your clients must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

    As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your clients) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

    Nobody, including your clients, are immune from the requirements and obligations of the Practice Direction and now the Protocol.

    I require your client to comply with its obligations by sending me the following information/documents:

    1. an explanation of the cause of action
    2. whether they are pursuing me as driver or keeper
    3. whether they are relying on the provisions of Schedule 4 of POFA 2012
    4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
    5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
    6. Is the claim for trespass? If so, provide details.
    7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim
    8. a plan showing where any signs were displayed
    9. details of the signs displayed (size of sign, size of font, height at which displayed)
    10. Provide details of the original charge, and detail any interest and administrative or other charges added
    11. Provide a copy of the Information Sheet and the Reply Form

    If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20); Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

    Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

    Furthermore I am writing to your company - BW Legal and clients National Car Parks Limited (NCP), TRACE Debt Recovery UK Limited, in capacity of Data Protection. I have reason to believe you hold personal data on myself as a vehicle I owned and were the registered keeper for visits to car parking sites managed by your client. It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation. which, as you will be aware, came into force on 25 May 2018

    I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

    Please advise as to the following:
    1. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
    1.a. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
    1.b. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.
    1.c. Please provide me with a copy of, or access to, my personal data that you have or are processing.
    2. Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
    3. Please provide a list of all third parties with whom you have (or may have) shared my personal data.
    3.a. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
    3.b. Please also identify which jurisdictions that you have identified above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
    3.c Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
    4. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
    5. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
    6. If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.



    ================================================== ====================

    Cheers
    Turbo
    • beamerguy
    • By beamerguy 29th Aug 18, 9:10 PM
    • 9,704 Posts
    • 12,760 Thanks
    beamerguy
    We await their reply.

    They clearly dd not understand the new protocol
    Sheer incompetence comes to mind.

    I feel sorry for NCP BUT ONLY because they are involved
    with BWLegal, it's going to be another Excel type trashing
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 29th Aug 18, 9:17 PM
    • 64,896 Posts
    • 77,472 Thanks
    Coupon-mad
    or provided the info they have regarding my personal data (response to the SAR).
    If they are past the SAR deadline, complain to the ICO like spook104 did:

    https://forums.moneysavingexpert.com/showthread.php?p=74722193#post74722193
    • B789
    • By B789 29th Aug 18, 9:43 PM
    • 40 Posts
    • 55 Thanks
    B789
    Interestingly, in the letter from BWL, they appear to be using one of their usual, unchecked templates. Item #9 states:

    9. As established members of the Independent Parking Community, Our Client adheres to their Code of Practice for Private Enforcement on Private Land and Unregulated Car Parks (‘Code of Practice’). This Code of Practice gives recommendations in regards to the signage within the Car Park. The signs within the Car Park comply with the recommendations in the Code of Practice and are therefore deemed reasonable.
    I thought NCP were members of the BPA. Not sure exactly how you would use this but it may certainly be worthwhile pointing out this use of template roboclaim with fundamental errors is a waste of court time should it ever actually get in front of a judge.
    • beamerguy
    • By beamerguy 29th Aug 18, 11:37 PM
    • 9,704 Posts
    • 12,760 Thanks
    beamerguy
    Interestingly, in the letter from BWL, they appear to be using one of their usual, unchecked templates. Item #9 states:

    As established members of the Independent Parking Community

    I thought NCP were members of the BPA. Not sure exactly how you would use this but it may certainly be worthwhile pointing out this use of template roboclaim with fundamental errors is a waste of court time should it ever actually get in front of a judge.
    Originally posted by B789
    UNREAL .... worth pointing out to a judge and asking how
    reliable their evidence really is

    I do think the courts are well aware of their incompetence
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • rsturbomad
    • By rsturbomad 31st Aug 18, 12:48 PM
    • 28 Posts
    • 9 Thanks
    rsturbomad
    Many thanks all,

    We await their reply.

    They clearly dd not understand the new protocol
    Sheer incompetence comes to mind.

    I feel sorry for NCP BUT ONLY because they are involved
    with BWLegal, it's going to be another Excel type trashing
    Originally posted by beamerguy
    Cool shall hang fire for now. If they go ahead with the claim the next letter I should receive will be from the county court. Is that right?

    If they are past the SAR deadline, complain to the ICO like spook104 did:
    Originally posted by Coupon-mad
    Cheers Coupon - not passed the deadline yet.
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