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PCN Britannia Southampton
stikmanz
post Tue, 22 Jan 2019 - 15:24
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Hello all,

I recently received a PCN notice from Britannia Parking in Southampton - Portswood Centre that was dated over 2 years ago (September 2016). It has now been passed over to BW Legal. This is the first I have heard of it as I had changed address around then (to London). I assume the original PCN was sent to my old address, which is why I did not receive it.

Also, I have since sold the car and so am not the registered keeper anymore. Since this was over 2 years ago, I cannot remember the situation at all, but I was in Southampton at the time. They have not provided any proof of the contravention, so should I first ask for that? Or would acknowledging them not be wise.

I have included the redacted letters I have received recently. I was intending to ignore them, but do not want the prospect of a CCJ. Since I did not receive the initial letter(s), I have nothing to use to appeal through them or with POPLA.

Any advice would be very much appreciated and many thanks in advance!

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post Tue, 22 Jan 2019 - 15:24
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bearclaw
post Tue, 22 Jan 2019 - 15:26
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Make a subject access request as the registered keeper of the vehicle to Britannia and ask them for all personal information on you taht they hold. They have to do so. In the request point out this is the first you have heard of this matter and you are requiring them to cease processing your information until the SAR is fulfilled.

That at least will let you get copies of the info that they have and you can look from there.
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cabbyman
post Tue, 22 Jan 2019 - 15:27
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If you haven't already done so, search on here for the location. You should find 3-4 threads to read.

You need to SAR Britannia for ALL correspondence in the matter and tell BWL that you have done to narrow the issues and they should stop processing.



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Cabbyman 11 PPCs 0
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nosferatu1001
post Tue, 22 Jan 2019 - 16:26
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... and that they have NO excuse to continue processing, as the only reason to continue processing now is that the Limitations Act forces them to raise a claim shortly
AS they have X years and Y months before the 6 years is up, there si no excuse that they must continue to process for an urgent reason.
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stikmanz
post Thu, 21 Feb 2019 - 13:50
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Hi all,

Many thanks for the advice, just a quick update.

I sent a SAR to Britannia in mid/late January and they only got back to me a few days ago. This is what they said in an email to me:

"Can you please confirm the Vehicle registration and your address at the time of the contravention, so I can clarify it as the address on the system is different to the one you supplied.

Please be aware the one calendar month period to responding to your SAR begins when we receive the additional information.

Thank you
Regards"

Is this true about the SAR and how should I proceed?

Thanks again in advance, you all have been great!
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nosferatu1001
post Thu, 21 Feb 2019 - 14:05
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No, it is not true

the 1 month starts when they have sufficient proof of identity
If the VRM and address are correct, then tell them that.
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ostell
post Thu, 21 Feb 2019 - 17:40
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It's a fair enough response as the OP was living at t different address at the time.
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stikmanz
post Sat, 6 Apr 2019 - 16:38
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Hello all, I'm back with update 2!

So BW Legal did not stop processing the case and have sent a notice of pending county court judgement, despite me saying I was requesting an SAR from Britannia and asking to stop.

Britannia themselves emailled me at the end of last week saying the following (which was after the 28 days/1 month from when I requested the SAR):

"We sent out your SAR to the address we have from the DVLA and the one you gave us on your request for a SAR. We have a received a phone call from a gentleman saying that he has received a letter from us and that he has been the property owner since 2017 and that no one with your name has lived there. He is returning the letter unopened to us for us to sort out. He has signed for it at the property. I will send another copy to you via email when we have received this information back.

If you want it resent via post please can you confirm the address that you are living at."

I have not received anything at my current address, which they already have. Why would they send it to my old address? Or are they trying to pull the wool over my eyes? Should I ask them to forward it to me, or would it be irrelevant at this point?

Either way, what should be the best way to procedd with Britannia and BW Legal?

Once again, any advice would be greatly appreciated! Thanks so much in advance!
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stikmanz
post Tue, 23 Apr 2019 - 19:03
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Hi all,

So I received the SAR from britannia on monday and these are the photos included.

I have whited out the number plates from three of the photos, except one, because it's impossible to see it?! How the second photo is from the first I have no idea.

Well, today I received a letter from BW legal and now I have a CCJ as I did not reply with the claim form in time.

I did email them twice telling them to stop as I was in contact with Britannia to get the SAR, but they would not accept it.

Any recommendations to how to reply to Britannia/BW legal? What/how is the best way to overturn a CCJ, especially if they did not give me any time to form a defence?

Many thanks again everyone!

EDIT: Included links to the photos as they would not attach for me:

Photo 1
Photo 2

This post has been edited by stikmanz: Tue, 23 Apr 2019 - 19:08
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Redivi
post Tue, 23 Apr 2019 - 19:46
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I'm not clear from your account

Did BWL send the claim to your old address ?
If so, when ?

There are several threads about set-asides
There's a £255 fee unless BWL agrees not to contest the application

You can certainly ask the court to order Britannia to pay the costs of the set-aside

After two years they're supposed to check the address before issuing the claim
In your case, they had even been told the new address
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stikmanz
post Tue, 23 Apr 2019 - 20:39
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Thanks for your reply, to summarise as best I can:

-I'm not certain if BW legal ever sent anything to my old address.
-The first I heard about this was in December with a letter from Britannia. I ignored that (it looked fake!), but then got another letter from Britannia and BW legal in January.
-So, I got in contact with both, asking for a SAR from Britannia and telling BW legal I was doing that and to stop processing the case.
-A month later in Feb, I got a response from Britannia asking for more details to confirm who I am, which I provided.
-At the end of March, I get a response from Britannia stating they sent the SAR to the old address and asked if I wanted it still.
-I responded saying that it was clear they did not have a case against me, to which they then sent it by email to me last Monday.

During this time, I informed BW legal at least twice that I was getting a SAR from Britannia and to stop processing the case, to which they said they were instructed by Britannia to claim from me, and so did not stop processing it. The deadline for the claim form was last Monday, which was the day I received the SAR.

I can contact the court in the next couple of days, after I have read up about set-asides. Do you think the late SAR, terrible photos and BW legal not allowing me time to form a defence help me overturn the CCJ, when talking to the courts?

Many thanks once again!
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Sheffield Dave
post Tue, 23 Apr 2019 - 21:08
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For clarity: If i understand you correctly, you received a claim form from the court in good time; then failed to go online and acknowledge within 14+5 days of issue of the claim, then failed to submit a defence within 28+5 days of issue, then BWlegal applied for a default judgement, which has been awarded?

Even though Britannia and BWlegal were messing you about with SAR deadlines and such, I think a court would take a dim view of you completely ignoring the claim,
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Redivi
post Wed, 24 Apr 2019 - 05:44
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This is what I'm struggling to understand

The OP's shown us letters from two years ago and said that he's received nothing at his new address

He hasn't mentioned a claim form so we have no idea when or where that was sent

If it was sent to the old address, he has a good case for a set aside
If it was sent to the new address, he doesn't

An expensive lesson that court papers have deadlines and instructions that must be followed or default judgments WILL result

This post has been edited by Redivi: Wed, 24 Apr 2019 - 05:45
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