Letter of Claim from BW Legal

[EL12345]

Apologies for having to post a new thread but I am a bit overwhelmed! Also, sorry for the big wall of text coming!

The driver received two parking tickets from Britannia Parking in May 2016 (3rd and 9th). They went into the building attached to the car park, where the receptionist advised her not to pay as it is a scam and unenforceable. They had windscreen tickets, but I never received a Notice to Keeper. I then moved house in December 2016. In December 2018, I received two letters from BW Legal, one for each ticket. I emailed the owner of the building, who advised me that their receptionist shouldn't have told the driver that as they don't own the car park; the university building next door did. I then emailed the university (where I am a student) who told me that they only own some of the spaces, so I needed to find out which one the driver was in both times. My question is - do I find this out by requesting a SAR? And who do I request it from, Britannia Parking or BW Legal? Finally, would someone be able to give me a bit of guidance as to how to write this SAR, as I've read past threats and am not sure how well their versions apply to mine.

While all this has been going on, I have received two 'Letter of Claim's from BW Legal for the original, which gives me the deadline of 1st Feb to reply by, so I am feeling the pressure a bit.

Many thanks

[ostell]

Somebody should send that receptionist on a re-training course !!!

So edit your post so that the identity of the driver cannot be inferred.

So did you move house within 56 days of the alleged parking? Was the address on the V5 the correct address at the time?

With a windscreen ticket they have to deliver a Notice to Keeper within 56 days. If it was not then there can be no keeper liability. If the address registered with the DVLA is incorrect then it is awkward.

• SAR to Britannia requesting all the documents that they hold concering you.
• Letter to BWL requesting all the documents that they intend to use in court in order to narrow the issues between you as required by the courts and suggest that they delay any action as you are waiting for Britannia to respond to a SAR. Point out that their client has failed to comply with the requirements of POFA 8 (4) and cannot hold you, the keeper, liable for the actions of the driver.
• it may be too late but an email to the DVLA requesting information about who requested your details from the date of the alleged parking for some 3 months afterwards. SubjectAccess.Requests@dvla.gov.uk

[EL12345]

Thank you for your speedy response! I have been at work, so apologies for my delayed reply.

I moved house 217 days after the alleged parking. I sent off my V5 change of address at the same time, however when renewing my car insurance in June of that year I noticed they had never sent my V5 back. Upon chasing it up, they claimed they'd never received it so I had to get a new one. However the V5 is registered to my dads address, yet the court-threat letters were sent to my mums, which is only on my drivers license.

I never received a NTK for either tickets, however what is to stop Britannia from claiming they did send them?

Thanks again for your help!

[ostell]

The important time is 56 days after the event. After that they cannot hold the keeper liable. You seem to have met that timing

They can say they sent them but they would have to prove they sent them.

Driving licence is irrelevant, they must have used a tracing service.

Get that DVLA inquiry off, it will show if they applied in time. SubjectAccess.Requests@dvla.gov.uk

[EL12345]

Hi again, this is the SAR I am going to send to Brittania. Would you mind having a quick read and seeing if theres anything I'm missing or need to take out? Thanks so much for your help


(MY ADDRESS)

28.01.19

Britannia Parking

Dear Sir or Madam
Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

(MY NAME, ADDRESS I WAS REGISTERED TO WHEN I GOT THE TICKET)
Please supply the data about me that I am entitled to under data protection law relating to myself.

I would like:

• All photos taken
• A picture of the sign on the day(s) in question
• Evidence that you have paid a debt collector the Ł60 you are adding to the charge
• All the emails sent and received
• All data held on me
• All evidence you will rely on in court
• A full copy of the Parking Charge Notice and the Notice to Keeper
• A list of all Parking Charge Notices you consider are outstanding against me

If you need any more data from me to confirm my identity, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.


Yours faithfully
(MY NAME)

[EL12345]

Also, here is my letter to BW Legal to request they hold taking action until Britannia get back to me

28.01.19
BW Legal

Dear Sir or Madam,
I am writing to request all documents that you intend to use in court against me. I suggest that you delay any action as I am waiting for Britannia Parking to respond to a SAR.
I would like to add that your client has failed to comply with the requirements of POFA 8 (4):
The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
As such, they cannot hold me, the keeper, liable for the actions of the driver.

Yours faithfully,
(MY NAME)

[ostell]

You cannot ask for copies of the signs nor the evidence they have paid a debt collector under a SAR, this is only for data personal to you.

These requests will be to BWL as part of the what they are intending to rely on in court.

[EL12345]

Ahh okay, thank you!

[ostell]

Here's a link that might be helpful

https://legalbeagles.info/library/gu...-of-documents/

[EL12345]

Hi again,

I sent off both emails on Monday 28th January, however neither Britannia or BW Legal have replied to me. I am a little concerned as they told me my 'payment or reasons for non-payment' are required by 1st Feb. Do my emails count as 'reason for non-payment'? Sorry if this is a stupid question, I just want to have my back covered for when I have to go to court.

Many thanks!