Claim PCN

[charitynjw]

Are these pics recent? (Google maps usually give the date of the pic.)
Were there signs up in 2017?

[Da123]

Pictures I've uploaded are Aug 2017 on Google.

Not sure what signs were on show in 2015, I would suggest there would have been at least one sign as there was a pay and display machine. It's not clear from the pictures Britannia parking have shared if there is any signage at the time of contravention, and it was dark so the driver may not have been able to see any clearly.

[charitynjw]

Ok, no biggie.

We usually defeat Britannia on their the content of their notices, let alone any other issues. (No guarantee, of course, but quiet confidence! )

We can easily obtain all their evidence, which will, of course, include what they claim to be the signage relevant to the incident date.

Btw, to cross i's & dot t's, send a copy of the SAR to Britannia (but Cpr 31 to sols only.)

[Da123]

Still no response from BW legal on SAR or CPR 31, and no response from Britannia on SAR request.

I have received email response from BW on my request concent to use email and they have replied with,

'Thank you for your email, the contents of which have been noted.

We note your comments and confirm you can correspond with XXXXXXX.

Please be advised that if a matter is of urgency, the quickest route of contact is via The Collections Team on XXXXXXX.

A Claim Form has now been issued to your address dated 1 March 2019, we ask that you please file a formal response to the Claim Form with the County Court.

Failure to respond to the Claim Form within the specified time frame may result in further legal proceedings being taken against you, therefore please seek your own independent legal advice.

We trust the above is in order, if you wish to discuss the matter further, please contact The Collections Team on XXXXXX.'


So looks ok to use email.

[charitynjw]

Ok. As soon as you receive the court claim N1 form, acknowledge it per instructions on the form (online is easiest) & let us know here.
It should arrive within a couple of days or so from the issue date.

[Da123]

What's an n1 claim form?

I've received a claim form with a claim number and completed the acknowledgement of service section on moneyclaim.gov.uk. I haven't completed a defence yet. The issue date on the claim form is 1st of March, how long have I got until I have to submit a defence on moneyclaim.gov.uk, 3rd of April?

[ostell]

33 days from date of issue to get the defence to the court.

[charitynjw]

What's an n1 claim form?

I've received a claim form with a claim number and completed the acknowledgement of service section on moneyclaim.gov.uk. I haven't completed a defence yet. The issue date on the claim form is 1st of March, how long have I got until I have to submit a defence on moneyclaim.gov.uk, 3rd of April?

N1 is the ref no. of the county court claim form.

[Da123]

Hi,

I received a response to my SAR or CPR 31 request to BWL see attached. So they aren't going to send any more info until after I have to submit my defence.

What are my options now? Should I start to prep a defence? I'm not sure where to start.

[charitynjw]

Ok, another email.

"Dear sirs

To recap our communications so far.

You sent me an unsubstantiated demand for payment of an alleged debt on [date last year]
I immediately responded with a request for evidence of same.
In subsequent communications I have repeated my request for further evidence.
To date you have not furnished any proof or complied with my requests in any meaningful way.
Even your response to my DPA Subject Access Request is baffling.
You have given yourselves the maximum time allowable by law to respond to a request which cannot be, by any stretch of the imagination, regarded as particularly onerous.
Especially considering the fact that you yourselves have imposed time limits by issuing a county court claim.

My defence is due to be filed at court shortly.
I will make sure that they are made aware of these occurrences..

Regards.."

[ostell]

And mention that BWL have not provided details required to provide a defence and you request that the court permit you to amend your defence when the information is received at their cost.

[Da123]

Excellent sent that through to them, thanks.

[Da123]

BW have responded with the following,

Good afternoon,

Thank you for your email, the contents of which have been noted.

We confirm that your Subject Access Request (SAR) is with the relevant department who are working on their response.

As such the SAR does not affect County Court Claim proceedings, therefore we ask you file a formal response to the Claim Form within the time specified by Court.

We trust the above is in order, therefore please seek your own independent legal advice to gauge a better understanding of the matter.

If you wish to discuss the matter further, please contact The Collections Team on xxx.

Kind regards,

[Da123]

And now Britannia parking have responded to the SAR. See below.

Thank you for your email.

Please find enclosed your Subject Access Request.

Our records indicate you have one PCN on our system.

The signage in the car park advises you that “Where the Parking Charge remain unpaid beyond 28 days, additional charges in respect of further action may apply.”

The signage also advises that “Personal data may be shared with POPLA, BPA, Debt Recovery or solicitor’s”.

We do not sell on aged debt, this would be a breach of the BPA Code of Practise and therefore, there is no payment. Britannia Parking will always remain as the creditor for the outstanding debt.

The outstanding balance of the unpaid Parking Charge Notice still remains. Additionally, you are also liable for the £60.00 instructions fee, as your file has been passed to debt recovery.

Please refer to the Debt Recovery letter or Letter before Claim, which clearly documents the fees and costs we are claiming for.

Kind Regards,


Neither Britannia or BW have given any further information, pictures etc. So not sure what would be my best defence?

[charitynjw]

Email tennis

-------------------------------------------------------------------------------------------

Dear sirs

I fear you misunderstand your obligations regarding a data subject's right of access.

Excert from ICO publication


What is the right of access?


The right of access, commonly referred to as subject access, gives individuals the right to obtain a copy of their personal data as well as other supplementary information. It helps individuals to understand how and why you are using their data, and check you are doing it lawfully.


What is an individual entitled to?


Individuals have the right to obtain the following from you:

• confirmation that you are processing their personal data;
• a copy of their personal data; and
• other supplementary information – this largely corresponds to the information that you should provide in a privacy notice (see ‘Other information’ below).

https://ico.org.uk/for-organisations...ght-of-access/

Given the above, your just describing what personal data you hold doesn't really cut it.

I require you to send accurate copies of whatever personal data you hold concerning me.

& the deadline for doing so is based on your receipt of my original request.

Kind regards