NCP/BW PCN - Gatwick Airport Drop Off Zone - 2 x APNR NTK received after pickup/drop off from outside Permier Inn Hotel

[MoaningCrusader]

How about this...? Just added a little dig at their incompetent admin.

Re: PCN Ref *********

Dear BW Legal,

Thank you for your second rather laughable ‘Letter of Claim’ regarding the above speculative invoice sent out without consideration to the current codes of practice laid out by UK Law and your client’s own governing bodies.  I am at a loss as to why my first response was not sufficient and indeed concerned as to your professionalism in administrating my case. If you had shown any due diligence, you would have also discovered that your client cancelled PCN Ref ********* concerning the same vehicle in the same location.  If one invoice was rubbish it follows that the other is too!

I will change 'magistrate' to 'judge' asap. I thought I had done that already. 

Now... Is there a case here to hit them with an SAR voicing my concerns as to their management of my personal data and it's continued use in harassing me? I was told there was little point pursuing them. But I feel this oversight on their behalf could be worth exploiting?

[FTMDave]

The snotty letter reply to their LoC looks fine.

As for your second point, courts have a very high bar for harassment.  You've already sued them for distress due to not respecting a SAR request, and won, which is excellent.  I don't know what else you think they've done wrong with your personal data.  They are entitled, unfortunately, to approach the DVLA if they think your car was parked unlawfully.  What precisely makes you think you have another claim for data protection breach? 

Edited June 10, 2023 by FTMDave
Typo

[MoaningCrusader]

I guess my thinking is thus:

1.They have mismanaged the data they are holding on me, by sending two LoCs, most probably because they did not record and file my initial 'snotty letter' response to their first one in July 2022. For which I have Free Proof of Postage that 2 copies were sent to both them and the NCP Ltd. PCN Management PO Box. Yet they are claiming they have not received anything from me in this 2nd LoC. I would be issuing a SAR to see what  records they actually have on me and to establish where lack of care and mismanagement has occurred resulting in further distress to me. Let's face it receiving any letter threatening court action is distressing.

2. I have never submitted an SAR to BW Legal, it was NCP Ltd that received one and were sued for distress. Are they not claiming to be 2 separate companies?

What do you think? I am probably once again barking up the wrong tree and I of course agree it would be foolish to pursue them in anyway should we feel there is no grounds to do so. I am only looking to find ways of getting at them.

I just can't help feeling this could be an opportunity to expose BW Legal's unprofessionalism and lack of care in handling and processing their information held on me, having already done so successfully with their employers NCP Ltd. 

[FTMDave]

NCP and BW Legal are indeed two separate companies.  NCP obviously run car parks.  BW Legal are a horrible firm of solicitors who specialise in debt recovery for various customers.

In the early 80s I worked for a year and a half in the legal department of a company, and also for a short time in a solicitors' office.  When I first came across this site I was bemused about how companies like NCP could even consider legal action, certainly involving solicitors, for what to them really are piddling amounts of money.

The answer is that their whole horrible model depends on doing everything on the cheap and certainly in the case of the solicitors doing no due diligence whatsoever.

So first time around NCP will have sent a list of motorists, including you, who hadn't paid after their Final Reminder stage or some such, and BW Legal will have sent you a LoC.  NCP afterwards didn't have the gonads to do court.  So a few months later you will have been included in a new list of non-payers and lazy BW Legal will have just sent you their standard LoC again.

The point is that this is all normal.  They have a legal dispute with you and are quite entitled to send letters.  They have six years to make a claim.

If you want to SAR BW Legal then do so.  And yes they are lazy and unprofessional, but that's not sufficient to take court action against them.

[brassnecked]

Sadly as they are persistent offenders are BW legal.

[MoaningCrusader]

Hi guys.

I have just arrived home from holiday to find the following rather flippant response (attached below) to my 2nd 'snotty letter'... I didn't get their usual pack of copy & paste legal scaremongering response that has come with all the other LoC responses.

It's funny how they have omitted to comment on any of the stuff I put in about keeper liability. Only clinging on to the fact that the government guidelines are not in effect. 

I'll leave this to see how it unfolds.

BWLegal2ndLoCResponse20-07-23.pdf

[FTMDave]

Ignore it and have a good laugh at them.

The whole point of a Letter of Claim is to tell the other party that court action is imminent.  So they send you two.  And then keep writing.  So this is your final final final chance to pay!

[MoaningCrusader]

Oh yes. I will be ignoring it, with pleasure.

You might like to check the other thread I have... the 'legal' people have been very busy while I have been soaking up the Mediterranean sunshine. They have now taken to calling my mobile and emailing me.... 'to discuss matters'

[Nicky Boy]

You should block emails and phone calls and tell them (by letter, with proof of posting) to contact you ONLY by Royal Mail...

[MoaningCrusader]

I reckon that's not a bad idea. Could you comment on the phone/email matter on my other thread just to keep things tidy on here. Sorry, my fault for crossing the threads with my comment to FTMDave... I think there's an argument I need to instruct them to cease emailing/calling me and only deal with me by way of Royal Mail... But probably best if we continue this on the thread linked below.

But thanks for you feedback!