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Premier Park 'passing account to BW Legal' 5 years after supposed contravention-but to wrong address
TheWilf
post Fri, 31 May 2019 - 19:05
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Evening all smile.gif

A letter has dropped through my mother's door (not mine-I don't live there and haven't for 20+ years!) saying Premier parking are passing 'my account' to BW legal. The so called 'contravention' happened in 2014.

She's opened it by mistake and is now having panicky flappy fits about it because she thinks there's going to be court action taken against her address.

I have absolutely no idea how they've managed to get hold of that address as there's nothing been registered in my name there since I was a kid.

I haven't even seen the letter. Do I tell her to write 'not known at this address' on it and send it back?

This post has been edited by TheWilf: Fri, 31 May 2019 - 19:06
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post Fri, 31 May 2019 - 19:05
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TheWilf
post Thu, 22 Aug 2019 - 23:41
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In addition to the letter shown there was a printout of this as well.



This post has been edited by TheWilf: Thu, 22 Aug 2019 - 23:46
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Redivi
post Fri, 23 Aug 2019 - 00:04
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A bit long-winded as, as BWL has complied with the Protocol, largely irrelevant

I would keep it more focussed :

Box D:

I deny the debt because the vehicle was not parked for the alleged time.
Your client's defective ANPR system incorrectly recorded two short visits
As a result, your client accessed my details on the DVLA registered keeper database without reasonable cause

Box I:

I require further documents and information :

1 Copies of all the documents and evidence that your client intends to rely on
2 Copies of any other documents/letters sent to me by your client, its debt collector, solicitor or any other party
I no longer possess any original documents after such a long delay and you are already aware that more recent correspondence has been sent to an ancient address
3 The information provided by the DVLA regarding the details of the registered keeper
4 A copy of your client’s contract with the land-owner under which it asserts the authority to bring a claim, as required by the BPA Code of Practice
5 Evidence that your client incurred the claimed additional charges
6 A plan showing the distribution of the signage, and the location of the vehicle at the time of the alleged incident
7 Details of the signs displayed – size, content, font, height of display

Please also state clearly :

1 Is your client pursuing me as the driver or the keeper ?
2 Is your client relying on Schedule 4 of POFA 2012
3 Is the claim for a contractual charge, a breach of a contract or trespass ?
4 Does your client dispute that a motorist that fails to pay for parking has not accepted a contract and is a trespasser ?
5 What is your client's explanation for the extraordinary delay to take legal action

I refer you to Paras 4.2 and 5.2 of the Protocol

Yours Faithfully

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TheWilf
post Fri, 23 Aug 2019 - 23:38
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Thanks smile.gif

I assume it'd be to my benefit to hang on for a while before replying as well?

Should I also be making reference to the fact that the only correspondence to my address (IE the only correspondence I've actually seen) is this LBC?
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ostell
post Sat, 24 Aug 2019 - 07:16
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Yes, mention that no previous documentation has been received in place of the second part of (2)

No reason to delay, the sooner you get the info required the better it will be.
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Jlc
post Sat, 24 Aug 2019 - 07:39
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QUOTE (TheWilf @ Sat, 24 Aug 2019 - 00:38) *
I assume it'd be to my benefit to hang on for a while before replying as well?

Er, no.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Macapaca
post Sat, 24 Aug 2019 - 09:19
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Get it sent without any delay. The sooner you put BWL on the back foot the better. They won't be able to answer everything and will most probably refer it back to PP. This will all burn up further time. Remember that BWL are looking for easy wins. Sending the letter will make it clear that you are not in that category.
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TheWilf
post Sat, 24 Aug 2019 - 11:02
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Fair enough, thanks.

I thought it as the more time that gets burned up, the more likely it is to go over the 6 years.


This post has been edited by TheWilf: Sat, 24 Aug 2019 - 11:07
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Jlc
post Sat, 24 Aug 2019 - 11:06
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QUOTE (TheWilf @ Sat, 24 Aug 2019 - 12:02) *
Fair enough, thanks.

I thought it as the more time that gets burned up, the more likely it is to go over the 6 years.

They've got 13 months to raise the claim... It will be raised quite shortly.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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TheWilf
post Sat, 24 Aug 2019 - 11:07
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Fair enough.


Should I really be mentioning that I know more recent correspondence has been sent to an ancient address?
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Macapaca
post Sat, 24 Aug 2019 - 11:12
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QUOTE (TheWilf @ Sat, 24 Aug 2019 - 12:07) *
Fair enough.


Should I really be mentioning that I know more recent correspondence has been sent to an ancient address?

You could mention it but they are now in contact with you so it doesn't really affect how things will proceed for here.
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Redivi
post Sat, 24 Aug 2019 - 11:38
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I would mention it

It makes clear that the OP knows that there is correspondence he hasn't received and justifies the request for all of it
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nigelbb
post Mon, 26 Aug 2019 - 06:53
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Independently send a SAR to Premier Park & another to BW Legal.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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TheWilf
post Mon, 26 Aug 2019 - 22:50
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Shall do, thanks.

Would this be a good template for a SAR letter?

https://www.datarequests.org/blog/sample-le...access-request/
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nigelbb
post Tue, 27 Aug 2019 - 11:10
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QUOTE (TheWilf @ Mon, 26 Aug 2019 - 23:50) *
Shall do, thanks.

Would this be a good template for a SAR letter?

https://www.datarequests.org/blog/sample-le...access-request/

That's wildly OTT. The ICO have a model letter. Just modify that one https://ico.org.uk/your-data-matters/your-right-of-access/ You will need to send some ID like a copy of your driving licence or the vehicle's V5C.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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Redivi
post Tue, 27 Aug 2019 - 11:25
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The Information Commissioners Office regulates GDPR in the UK

Much better to use its own model letter than one provided by a German organisation

Only point - lose the sentence that refers to a fee

That looks like a leftover from when the subject was regulated by the obsolete Data Protection Act that allowed companies to charge up to £10 to respond to an SAR

The last time I made an SAR to a parking company, the response came from BWL

This post has been edited by Redivi: Tue, 27 Aug 2019 - 11:26
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TheWilf
post Tue, 27 Aug 2019 - 12:27
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Thanks, will do smile.gif
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TheWilf
post Mon, 9 Sep 2019 - 11:37
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QUOTE (Redivi @ Fri, 23 Aug 2019 - 01:04) *
A bit long-winded as, as BWL has complied with the Protocol, largely irrelevant

I would keep it more focussed :

Box D:

I deny the debt because the vehicle was not parked for the alleged time.
Your client's defective ANPR system incorrectly recorded two short visits
As a result, your client accessed my details on the DVLA registered keeper database without reasonable cause

Box I:

I require further documents and information :

1 Copies of all the documents and evidence that your client intends to rely on
2 Copies of any other documents/letters sent to me by your client, its debt collector, solicitor or any other party
I no longer possess any original documents after such a long delay and you are already aware that more recent correspondence has been sent to an ancient address
3 The information provided by the DVLA regarding the details of the registered keeper
4 A copy of your client’s contract with the land-owner under which it asserts the authority to bring a claim, as required by the BPA Code of Practice
5 Evidence that your client incurred the claimed additional charges
6 A plan showing the distribution of the signage, and the location of the vehicle at the time of the alleged incident
7 Details of the signs displayed – size, content, font, height of display

Please also state clearly :

1 Is your client pursuing me as the driver or the keeper ?
2 Is your client relying on Schedule 4 of POFA 2012
3 Is the claim for a contractual charge, a breach of a contract or trespass ?
4 Does your client dispute that a motorist that fails to pay for parking has not accepted a contract and is a trespasser ?
5 What is your client's explanation for the extraordinary delay to take legal action

I refer you to Paras 4.2 and 5.2 of the Protocol

Yours Faithfully


Ok... Fired off 2 SARs (One to BWlegal and one to Premier Park) plus the above. Just got this as a reply. It looks to me like i only got a reply for the SAR to Premier park and they haven't replied to the other letter.




This post has been edited by TheWilf: Mon, 9 Sep 2019 - 11:38
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Redivi
post Mon, 9 Sep 2019 - 12:48
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Dear Sir

Ref ****

Thank You for your initial response to my Subject Access Request

I note your assertion that the request does not suspend collection activity

May I remind you that I also requested certain documents and information in response to your Letter Before Claim
Until it has been provided, the Pre-action Protocol for Debt Claims does suspend collection activity

Yours Faithfully
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TheWilf
post Mon, 9 Sep 2019 - 12:59
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Thanks,

I thought it should, they're obviously trying it on by saying it's just a reply to the SAR request.
The letter I recieved is (I think) a reply to the just the SAR request to Premier Park as it contains both BW and PP's reference numbers.

This post has been edited by TheWilf: Mon, 9 Sep 2019 - 13:00
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Redivi
post Mon, 9 Sep 2019 - 13:26
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When I sent an SAR to another parking company, the response came from BWL
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