Free Traffic Legal Advice

To: disputeresolution@bwlegal.co.uk
Cc: complaints@countrywideparking.co.uk; support@countrywideparking.zendesk.com

Subject: Formal Notice – Liability Extinguished – Unlawful Pursuit and Data Breach Warning

Dear BW Legal,

I write in response to your email dated 17 April 2025 and your letter dated 22 April 2025.

Your position is entirely incorrect. I have already provided your client, Countrywide Parking Management, with the full name and address for service of the driver prior to any legal proceedings being issued. Your client has acknowledged receipt of this information. Under Schedule 4, Paragraph 5(1)(b) of the Protection of Freedoms Act 2012, this extinguished any keeper liability.

There is no requirement under PoFA for the keeper to submit a signed statement or to use any online portal to transfer liability. Providing the name and address in writing to the creditor is sufficient to comply with the law. Your demand for a signed statement has no legal basis.

In any event, your client's Notice to Keeper was non-compliant with PoFA and incapable of transferring keeper liability even if the driver had not been named.

You and your client have been placed on notice that pursuing me as the registered keeper after a valid transfer of liability constitutes unlawful processing of personal data, contrary to:

• Article 5(1)(a) of the UK GDPR (no lawful basis for processing)
• Article 5(1)(c) and (e) (data minimisation and storage limitation)
• Section 168 of the Data Protection Act 2018 (distress caused by misuse of data)

Your reference to "legitimate interest" under GDPR is misconceived and legally embarrassing. There is no legitimate interest in pursuing a party who is not liable. Continuing to process my personal data in these circumstances is unlawful.

You are now formally put on notice that unless I receive confirmation within 7 days that:

1. All processing of my personal data has ceased;
2. No further enforcement action will be directed at me as registered keeper; and
3. This matter has been correctly reassigned to the named driver,

I will escalate formal complaints to the DVLA, the Information Commissioner's Office (ICO), Solicitors Regulation Authority (SRA) and, if necessary, commence a claim under Section 168 of the Data Protection Act 2018 for compensation for distress arising from your unlawful processing.

You are also warned that adding £140 in purported "debt recovery costs" is a clear attempt to inflate the original charge, contrary to established consumer protection law principles.

All correspondence is retained and will be used in evidence should it become necessary.

Yours faithfully,

[Your Name]
[Your Address]
[Date]

Subject: Unlawful Processing Continues – Final Demand Received Despite Liability Being Transferred

Dear BW Legal,

I refer to your “Final Demand” letter dated 16 June 2025 regarding the above matter.

This letter was received despite your ongoing failure to respond to my prior correspondence, in which I clearly advised that the name and address for service of the driver were provided to your client before any legal proceedings were initiated. Under Paragraph 5(1)(b) of Schedule 4 of the Protection of Freedoms Act 2012, your client is no longer entitled to recover the parking charges from me as registered keeper.

This letter now serves as final notice that your continued pursuit of me is unlawful. You are processing my personal data without a lawful basis, in breach of:

• Article 6(1) UK GDPR (no lawful basis for processing)
• Article 5(1)(a) and (c) (lawfulness, fairness, and data minimisation)
• Section 168 Data Protection Act 2018 (liability for distress caused by misuse)

You are also now placed on notice that the original Notice to Keeper issued by your client was non-compliant with the Protection of Freedoms Act 2012 in multiple respects, which would invalidate any attempt to rely on PoFA to transfer liability in the first place.

Should you or your client continue to pursue me as Keeper for a liability that has been extinguished, I will have no option but to escalate a formal complaint to:

• The Information Commissioner’s Office (ICO) for unlawful processing of personal data;
• The DVLA, whose data has been misused;
• And, if necessary, I will issue a County Court claim under s.168 DPA 2018.

A copy of your client’s acknowledgement of receipt of the named driver’s details will be relied upon in evidence in any such proceedings.

I require written confirmation by 5:00pm on Friday 5 July 2025 that this matter is closed and that my data will be erased from your systems under Article 17 UK GDPR.

Yours faithfully,

[Your Name]

Subject: Final Notice – Failure to Respond to Erasure Request and Continued Unlawful Processing

Dear BW Legal,

Your email dated 16 July 2025 is noted. It is legally and procedurally deficient.

You have already been provided with:

• The BW Legal reference number
• The client reference
• The full name and address for service of the driver
• Multiple formal notices asserting extinguishment of keeper liability

Your failure to respond substantively to my erasure request dated 27 June 2025 constitutes a breach of UK GDPR Article 17, which requires a response within one calendar month. That deadline expired on 27 July 2025.

You are now formally placed on notice that unless I receive written confirmation by 5:00pm on Friday 1 August 2025 that:

• All processing of my personal data has ceased;
• My data has been erased under Article 17 UK GDPR;
• No further enforcement action will be directed at me as keeper;

I will escalate formal complaints to:

• The Information Commissioner’s Office (ICO) for unlawful processing and failure to comply with an erasure request;
• The DVLA for misuse of keeper data;
• The Solicitors Regulation Authority (SRA) for professional misconduct;
• And, if necessary, commence a County Court claim under Section 168 DPA 2018 for compensation for distress.

Your continued pursuit is legally baseless and exposes you to regulatory and civil liability.

Yours faithfully,

[Your Full Name]

[Your Address]
[Your Reference Number]