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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, 26 Sep 2019 - 11:24
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Had a reply from Premier asking for ID, which I sent off. Also sent a letter to BW legal telling them that it DOES suspend collection activity etc (Thanks Redivi)

Just had these back from BW legal. Nothing states if it's in response to the SAR request or any answers to any of the questions/info asked of them.
This is the entire contents of the letter apart from a zoomed in image. Letter has apparently taken 6 days to get here...







This post has been edited by TheWilf: Thu, 26 Sep 2019 - 11:30
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TheWilf
post Sat, 28 Sep 2019 - 16:33
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I'm thinking the best thing I can do now is wait for the '14 days' to expire and see what they do next?
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Macapaca
post Sat, 28 Sep 2019 - 18:42
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Did BWL supply ALL the documents that you requested?
What ID did they request and for what reason?

Whatever you do don't phone them or pay them anything.
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TheWilf
post Sat, 28 Sep 2019 - 19:03
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QUOTE (Macapaca @ Sat, 28 Sep 2019 - 19:42) *
Did BWL supply ALL the documents that you requested?
What ID did they request and for what reason?

Whatever you do don't phone them or pay them anything.

BWL haven't supplied anything other than what's posted above, so no-nowhere near. Premier asked for ID to prove who I am for the SAR.

I have no intention of phoning them or paying anything. All contact is via post and is being sent recorded delivery from now on.

This post has been edited by TheWilf: Sat, 28 Sep 2019 - 19:04
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Macapaca
post Sat, 28 Sep 2019 - 20:53
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In which case write back to BWL pointing out their deficiencies. Put the ball back in their court.
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Fluffykins
post Sun, 29 Sep 2019 - 08:09
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Don't use recorded delivery, it is sometimes refused. Just post first class at your post office and get a (free) certificate of posting.
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TheWilf
post Tue, 8 Oct 2019 - 17:28
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Hi all,All advice gratefully taken smile.gif

Right... BW legal complied with the SAR request.

Premier park haven't though. Does the 1 month start from when the ID was recieved by Premier? This would mean they've got a few days left.

BW have also had a letter informing them that they haven't complied with my request for information too.

This post has been edited by TheWilf: Tue, 8 Oct 2019 - 17:29
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TheWilf
post Sun, 20 Oct 2019 - 16:33
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Right... Both BWlegal and Premier have complied with the SAR request.

Just had this back in response to this:-

QUOTE
Dear Sir/Madam. Your ref *******

Please note.

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

As previously requested,I require further documents and information which you have not supplied.
You have also not stated whether the information sent in your previous correspondence is in compliance with the SAR request (**THis was sent before the SAR Request was complied with**)

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 at the time and date of the alleged incident– size, content, font, height of display

Please also state clearly :
1 Is the claim for a contractual charge, a breach of a contract or trespass ?
2 Does your client dispute that a motorist that fails to pay for parking has not accepted a contract and is a trespasser ?
3 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






Where do I go from here?

I'm thinking they can't prove the signage was correct at the time of the incident anyway-hence their reply, and they're ignoring the denial of the debt because the ANPR was incorrect.

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Macapaca
post Sun, 20 Oct 2019 - 17:15
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I can only conclude that the information you have requested is not in BWL's favour to provide. To say that you are not allowed to see the contract and then say that you will see it later as court evidence is not logical. If it helps the situation then they should show it now.

I have dealt with Premier Park previously and they sent me a copy of the landowners Contract without hiding behind 'legally privileged' nonsense. In that case they obviously thought it was clear and added pressure to pay.

I would write back to them pointing out that they have not complied with your reasonable request for the relevant documents and note their reluctance to provide the documents.

You can only conclude that they are withholding information that is necessary to progress the dispute. Their reluctance will be highlighted to the court should they proceed as such.
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nosferatu1001
post Tue, 22 Oct 2019 - 06:55
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Respond back, stating their refusal to comply with the overriding objective will be noted to the court, and you will ask for your full costs on the indemnity basis.
The contract is not, by definition, legally privileged as it isnt advice given by one lawyer to their client, or the reverse. Its a document between two parties.

Complaint to the SRA needed - theyre calling stuff privileged when it clearly isnt, theyre misleading a consumer.

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TheWilf
post Thu, 24 Oct 2019 - 14:53
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Thanks guys, working away at the moment so replying etc isn't the fastest.

Should I mention that I'm making a complaint to the SRA when I contact BW?
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Macapaca
post Thu, 24 Oct 2019 - 17:54
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Yes mention it because it puts some pressure back on them. It signals to them that you are not going to fall for their bluster.
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TheWilf
post Fri, 15 Nov 2019 - 21:05
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QUOTE (Macapaca @ Thu, 24 Oct 2019 - 18:54) *
Yes mention it because it puts some pressure back on them. It signals to them that you are not going to fall for their bluster.



Thanks, done-and complaint put in to SAR.

Had a letter back from BW legal.
Letter for letter:-

"We write in reference to the above matter

You position has been noted however Our Clients position still stands.

We believe that we have provided you with all evidence that we are under obligation to provide.

We note your comment in regards to contacting the Solicitors regulation authority, we will respond accordingly once correspondence is received from them.

We hope this clarifies Our Clients position.

Should you require any further assistance do not hesitate to contact us on 0113...."

What should I do next?
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Tazmaina69
post Fri, 15 Nov 2019 - 21:43
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Funny as that's exactly what I had back from them... another one of their templates replies...
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Macapaca
post Sat, 16 Nov 2019 - 09:04
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Your next step is to send a letter of complaint to the SRA. Or to wait for a reply if you have already sent the letter.
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TheWilf
post Wed, 20 Nov 2019 - 23:09
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SRA complaint sent via email. (Should I have done this via snail mail?) How long does it normally take to hear from them?
Thanks everyone.
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nosferatu1001
post Thu, 21 Nov 2019 - 11:41
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You'll see from other threads - ages. Email is fine.
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TheWilf
post Fri, 9 Oct 2020 - 16:11
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Heard nothing from them since. So, it's now over 6 years since the 'offence'. Does that mean it's dead and buried?
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Jlc
post Fri, 9 Oct 2020 - 16:20
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It seems so.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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TheWilf
post Fri, 9 Oct 2020 - 16:46
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Yay! Thanks everyone smile.gif
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