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    • Lowell has recently bought over one of my old debts and in chasing me for payment have sent details of the debt to my ex-wife via email. Let me first start by saying i do owe the debt and I don't dispute it; whether it is unenforceable I don't know and this post/thread isn't to find that out. Lowell bought this debt earlier in the year for an account I ran between 2021 and this year before falling behind with payments and the debt eventually being sold off despite my attempts to deal with the original creditor. Lowell have sent me ONE letter in respect of the debt before reaching out via email to my ex-wife, giving information about the original creditor and the amount owed. I'm very concerned that Lowell have adopted this approach as I thought contacting a friend or relative about a debt was outlawed by FCA, but to find they have done this has left me shocked and a little embarrassed. I'm also concerned that they have potentially breached GDPR by sharing details with a third party without my consent. While there's little personal data given aside from the creditor and amount, I am mentioned by first initial and surname in the email sent to my ex-wife. I've never used this email account, have never had access to it and it has no connection to the original creditor so I have no idea why Lowell would use it to try to reach me. I've made a complaint to Lowell both about the communication being sent to a third party and potential GDPR breach, but should I be doing anything else?
    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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Parking Eye Lose Yet Another Court Case - This Time It's The Cameras


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The case was heard yesterday (November 8th.) and the judge ruled that "the case was fundamentally flawed".This is the reason why:-

 

Collection Of data By remote systems

a. Systems using the internet protocol are by their very nature Asynchronous

b. To use the time data derived from a client and server, it must be shown that the two are synchronised.

i. A camera and monitoring software are wrongly considered to be synchronous, they are in fact asynchronous. The time stamp on data collected by a server , the application, is derived locally to the application. A camera may also have a local clock but it is not the clock of the server nor the application.

 

ii. To use the images and time stamps produced by a server that is remote to the camera requires that the system has its own upper layer timing. If the system at any point uses connectivity provided by a third party, for instance ADSL data connections, then upper layer timing is required and some form of traffic flow security. An alarm and log would have to be implemented to warn of loss of Sync. If Parking Eye cannot show that the system is implemented with timing and sync loss logs then any images developed by the system cannot be trusted. And any use of the data collected as evidence of fact is wrong.

 

So because Parking Eye just use cameras and don't have feet on the ground in the vast majority of car parks they "manage", then their whole business model has just gone down the pan.

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Thanks for this.

 

Is this a case which you were involved in?

 

Please would you contact admin by email on our admin email address, please

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Great, Ta very much.

 

Maybe you could get the word out to them that we would be interested in talking to the defendant with a view to possibly funding a transcript of the judgment. It sounds like a significant decision - although if it really threatens PE's business model, they would have to appeal it.

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In case you haven't seen it, here is Parking Pranksters take on recent events concerning Parking Eye:-

 

http://parking-prankster.blogspot.co.uk/2013/11/parkingeye-court-losses-mount-up.html

Brilliant

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I didn't question them as such. I just observed that the statement on their website about Rugby Radio was way out of date.There is a similar clock still operating, but that's located in Cumbria.

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nice to see a judge understanding and believeing that the technology is not perfect and needs calibration. I have seen a judge dismiss a discrepancy on parking timers of 11 minutes as being "in the motorists benefit" as they would hurry back and then find that they werent late after all. Unfortunately he couldnt actually tell the difference between fast and slow timers and the notion of time being t and not starting only at 9 o'clock in mathematics defeated him completely and just ended up shouting.

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