NCP/BW PCN PAPLOC now claimform - New Gatwick Drop Off Zone - I thought I had paid for both visits?

[FTMDave]

If you want a bit of fun, read the last few posts here  https://www.consumeractiongroup.co.uk/topic/456241-employment-tribunal-hearing-coming-up/page/6/#comment-5214597

This is another Moaning Crusader-inspired data protection victory.

This is not a PPC case, but @Nicky Boy mentioned to the OP what you'd been up to on the PPC forum and she decided to follow your fine example.

 

 

 

 

 

[MoaningCrusader]

Hi Guys. I have returned home from my holiday to quite a pile of mail.

I have been sent my Notice of Trial Date from the County Court. It will be on 20-09-23, so long as The Fleecers pay their court trial fee by 23rd August. The trial will be 2hrs via CVP (online). A tad annoying, as this makes it easier and inexpensive for The Fleecers to turn up.

Do you want me to post a redacted Notice of Trial Date? Or is this pretty standard stuff?

Now... Here's where things get interesting. Just this morning, I was called by one of their 'paralegals'. I ignored the call, and they left a message requesting me to call them back to discuss the case. Naturally, I have ignored this, waiting to hear people's thoughts on here.

I also received the following email from them 2mins after they made the call:

Our Client: National Car Parks (EUK) Limited

Claim Number: XXXXX

Our Reference:XXXXXX

Hearing Date: 20 September 2023

Balance Due: £250.74

Good morning, 

I write in respect of the above matter.

We would like to discuss the matter further. Please may you provide a number and the best time to call?

Alternatively, the above matter can be discussed via email for your convenience.

 We look forward to hearing from you.

Kind regards

XXXXXX

Paralegal

I assume I want to keep all discussion in writing, preferably by letter. But is email acceptable? How should I respond? I feel I need to at least demonstrate my willingness to engage with the matter before going to court? Will I not appear unreasonable to the judge, if I don't?

I am thinking a response demanding all correspondence is in writing and asking them what particular aspects of the matter they wish to discuss? As up until now nothing has been presented in their correspondence as up for any discussion or compromise.

What are your thoughts?

 

[dx100uk]

mores the point how did they get your email address?

you need to kill that by telling them not to use email again for anything to do with our mutual claim.

else they'll file a supplementary ws 1 min before a deadline (14 days as in courts letter?) removing your chance to counter their lies and fake documents)

pers i would not respond offering letter tennis to their urgent request to mitigate their losses ... you dont have to at all,

dx

 

[MoaningCrusader]

Thanks for your feedback Dx

I did wonder where they got my contact details (email & mobile) from. But I can only assume from their 'client' NCP whom we emailed to complete my SAR claim against them. I have of course not given NCP any permission to share my contact details... But proving that they have done this could be tricky.

Weirdly they called me first at 9am, before emailing me at 9.02am requesting my phone number and a suitable time to call! They clearly had my number and were only interested in catching me off guard. Luckily I never answer any numbers I don't recognise, especially from Leeds!

If everyone is agreed, I am happy to ignore this attempt of contact. The whole phone calling/emailing smacks of unprofessionalism in my book, and certainly shows them up as just what they really are... debt collectors!! Not solicitors.

 

[brassnecked]

Constant phoning  if they persist regarding an alleged debt or invoice might well fall foul of other l;aw.

[honeybee13]

You need to stop them using your email, as dx says.

HB

[MoaningCrusader]

So, should I respond to their email? I can compose a response later, as I have a 6yr old tugging at my leg to go to the park... I'll post it up before sending it.

[Nicky Boy]

No, you should do it by letter, as DX said in his last post (with usual free proof of posting).

[MoaningCrusader]

Thanks NickyBoy.

I will compose a letter and post it up here before sending. 

[MoaningCrusader]

Waoh. Looks like they are getting desperate.

This has just arrived in my inbox.... From their auto mailing system. This will tell them that the email has been received and opened.... I will get the letter off asap telling the to cease any contact with me, other than Royal Mail.

Is there anything in pursuing them as to how they got my contact details and phone number. Surely if NCP have shared this personal data without my permission they have breached GDPR rules? Do BW see my contact details that have been supplied to the court? 

Without Prejudice Save as to Costs

Our Client: National Car Parks (EUK) Limited

Our Reference: XXXXX

Client Reference:XXXXXXX

Balance Due: £250.74

Hearing Venue: XXXXX

Hearing Date: 20/09/2023

We are writing to you because the court has listed our client's claim for a court hearing on 20/09/2023.  Our client is keen to resolve matters amicably by offering you the opportunity to pay a discounted balance on the sums due. We wanted to let you know that we are available to assist you throughout this time via numerous methods, from our contact centre, webchat and our customer portal to avoid the need for a hearing.  Great news - 25% discount offer  Our client wants to help with any possible financial burden that you may have and we are able to now offer you a pre-approved discount. This can be paid in one lump sum, or you can pay this over a pre agreed instalment plan. This offer is open for acceptance until 21 August 2023. You do not need to call us to accept this offer if this is affordable to you. Just log in, or register to use our Customer Portal www.bwlegal.co.uk and select "Customer Login". The pre-approved settlement and plan is ready for you to accept. You need to quote our reference, along with your address details and a couple of other security questions in order to register.   The discount available is 25%. If you do take advantage of the discount, the revised amount to pay will be £188.05 if paid by 21 August 2023. If you cannot afford to pay the discounted amount in full, do not worry. You can still take advantage of the offer by setting up a pre-approved monthly instalment plan in the sum of £25.00 per month. The plan has been recommended to take into account estimated disposable income. You will be able to choose the first payment date and payment method. Alternatively, please call us on 0113 323 1784 or speak to us via webchat so we can assist you in setting up the plan.   Once the offer has been accepted, we will notify the court that the hearing listed on 20/09/2023 does not need to go ahead. If you have filed a counterclaim, you will need to ensure that you inform the court and ourselves, in writing, that you no longer wish to proceed with the counterclaim.

Yours sincerely,

BW Legal

bw legal

N.B. To opt out of email communication from BW Legal please reply to this email quoting reference "xxxxxxx"

[Nicky Boy]

"The plan has been recommended to take into account estimated disposable income."

They're good at guessing games... First they guess your email and phone number, now they guess your income and expenditure details!

[FTMDave]

Yes, they are getting desperate.  They know their case is pants but are hoping your are terrified of court and will pay them something.  How about this by first class post today with free Certificate of Posting -

Dear Rachael and Sean,

Re: claim no.XXXXX, your client - National Car Parks Ltd

I refer to your recent attempts to contact me by e-mail and by phone.  I have never given these details to your company.  Please note that all communications between us regarding the aforementioned legal dispute must be by Royal Mail only.

However, while writing I will refer to great news!  100% discount offer!  I am prepared to pay exactly £0.00 in this case.  My offer is that if your client discontinues this claim, I will refrain from suing for distress caused by breach of my GDPR.  Kindly note that suing regarding GDPR is not an idle threat, I have already sued, and won, against your client for distress caused by failure to respect a Subject Access Request (claim no.XXXXX).

Yours, XXXXX

Edited August 16, 2023 by FTMDave
Typo

[Nicky Boy]

Note: "idle", not "ideal"... predictive text is crepe!

[MoaningCrusader]

Loving the Rachael & Sean opener... I did my research on the firm a while back. Basically 2 solicitors (if they are even still registered, although I think they are) and a few 'para legals' (fancy PAs) sending out copy & paste nonsense. On the whole I have also read that they go quiet very soon... I am weirdly hoping they don't... I want my day in court.

Thoughts on this....

Re: Client Ref XXXXXX / BW Legal Case Ref XXXXX

Dear Mr Barton & Ms Withers

I write to you about your PA’s recent somewhat harassing and unprofessional attempts to contact me by e-mail and by phone. I want it noted that I have never given these specific contact details to your company, and you do not have any right to gather and utilise them without my prior consent. I also want it noted, upon your receipt of this letter, that all communications regarding our mutual legal dispute must be by Royal Mail only.

As I have already made perfectly clear in my past correspondence with you, I am prepared to pay £0.00 to settle this case after the treatment I have been subjected to by your client and yourselves. 

However, in the spirit of compromise and without prejudice, I would now like to take this opportunity to reach out to you and offer you a 100% discount. My offer is that if your client discontinues this claim, I will refrain from suing them for the distress caused by their clear and obvious breach of my GDPR rights in sharing my personal contact data that has been held by them for their use, without my consent.

Please do not assume that my suing regarding GDPR is an idle threat, I have already successfully sued your client for the distress caused by their failure to respect my Subject Access Request (claim #: XXXXX). 

I honestly hope to never hear from you again.

Regards,

[FTMDave]

Well it's up to you, but you have a habit of wanting to change letters which are already perfectly fine.

I'm not a GDPR expert so I don't think it's a good idea to be too specific about what the breach would be in case you get it wrong, therefore I would cut out "in sharing my personal contact data that has been held by them for their use, without my consent".

Also the last line has to go as you do want to hear from them  again - to say they have discontinued the case.

[MoaningCrusader]

Ha! Fair enough. I just don't like copy & pasting peoples words, when I will have to stand by them should they be challenged in court.

Thanks Dave, much appreciated on the feedback.

I have edited the letter now as per your instruction. I am heading to the post office now to post it, as I have been working all morning. 

Had another bloody phone call from them today at 1.30pm. I'm just ignoring them.

FYI in regards to basic rights of GDPR/Data Protection

Under the Data Protection Act 2018, you have the right to find out what information the government and other organisations store about you. These include the right to:

• be informed about how your data is being used
• access personal data
• have incorrect data updated
• have data erased
• stop or restrict the processing of your data
• data portability (allowing you to get and reuse your data for different services)
• object to how your data is processed in certain circumstances

You also have rights when an organisation is using your personal data for:

• automated decision-making processes (without human involvement)
• profiling, for example to predict your behaviour or interests

I could request them to erase my email and phone number from their records? What do you think?

 

[Nicky Boy]

your last letter should kill the calls...

[MoaningCrusader]

Letter posted with free proof of delivery recorded.

I guess the ball is firmly in their court now.

The Notice of Trial Date letter states that my court bundle will need to received by them no later than 7 days before the court date. If the my court date is 20th September, should I have them emailed off by midnight on 12th September? Or anytime on the 13th?

I have read on other threads on here that it's best to leave the filing of the court bundle until the very last minute. I just don't want to cock that up. It would not be a good start to things.

[dx100uk]

email the court yes but not the fleccers!

as you've said dont use email?. and you shouldn't either.

dx

[MoaningCrusader]

Thanks Dx100, but that does go without saying I will not be emailing the fleecers my defence!

It's more the timing of when I send it to the email address supplied by the County Court. I don't want to submit it so close to the line that it's late.

[dx100uk]

the very day will do as they would. as long as its by 4pm its registered as rx'd.

dx

[MoaningCrusader]

Okay... FYI... We are definitely one for a remote court hearing on Wed 20th September. The fleecers paid up the court fee on 14th August. It took me nearly a week to get through to Court Services UK number! Having attempted many times but having to give up after 45mins on hold!

I am working my way through the court requirements for the presentation of the bundle. I will get Adobe Pro for 7 day trial to put the final indexed & bookmarked document.

I am naturally now nervous, but resolute.

I will post a final redacted court bundle asap.

[FTMDave]

So presumably both you and the fleecers have to produce Witness Statements by 6 September, right?

[MoaningCrusader]

According to the court document, the ebundle needs to be sent 7 days before the hearing. So the 13th Sept. 

I’ll redact and post it up first thing in the morning for you all to see.

[MoaningCrusader]

The court papers that is. I have sent my WS to a solicitor friend, and 2 barrister friends to give it a final look over and polish before I format into a pdf with index & bookmarks etc.