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    • OK thanks for that. I have no prior correspondence with EXCEL and therefore have not admitted being the driver. As it happens, I wasn't. The have not responded to my initial request for documents and therefore I have no details on planning permission. I guess I'll assume and assert that they haven't in the absence of them providing proof to the contrary.   Meanwhile, I've had a letter from EXCEL offering a reduced payment. I will attach this. I'm wondering whether I should ignore the letter or respond. I will not accept the offer.  offer.pdf
    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
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Hi All,

 

Just got a quick question, my company is looking at introducing one of those staff boards that publicly shows your photo and your name. Im not very keen on this as i do not like my picture taken, but also i dont want my details shown on multiple sites i cover.

 

Obviously I had had my picture taken previously for staff ID etc, but that was for internal things only and not fully public facing.

 

Can they try to force me into this?

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Hello there.

 

What are the company's reasons for doing this, do you know?

 

HB


Illegitimi non carborundum

 

 

 

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its basically one of those, Welcome to XXXXX your manager is XXXXX with an image, and the staff member on site today is XXXXX with an image

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one of the manager has just phoned and mentioned this and i said myself and a few others dont really want their photos displayed. The initial reaction was - Ill just take it from your ID card photo then. Surely if i refuse then this becomes a data protection issue? as i dont want an image of me broadcast. they mentioned its broadcast to people within the organisation, so i said yes but thats controlled. Whos stopping someone taking a photo of a photo displayed on the wall!

 

Even though i represent my company in a public facing job, surely i should be able to refuse my image being displayed publicly

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What does your contract of employment say about the use of photographs ?

 

Are you in a union, and if so, what is their stance on the subject ?


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Im going to look in the contract and policies and procedures now. It was just the general attitude when i said i dont want me image being taken and displayed. - "I'll take it from the ID card, and the public can see your name and staff Id card daily anyway". - yes thats true but they are less than the size of a credit card not a A3/A4 laminated mugshot!

 

The union rep i would rather go to is on holiday at the mo

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There's definitely law on this, but for the life of me I can't recall it without going digging around. But they can't even display your photo on the internal site unless you agree. We had this come up a few years ago with a local council who started putting images on the outlook system (or something, sorry, but my IT skills are confined to "I know what I know") so that recipients of emails saw the person they were communicating with. There has to be an opt out, because there are many reasons why someone may not want their picture displayed publically. It can identify people who don't want to be identified, and it can put people at risk. We had someone who had fled a violent relationship and changed their name etc., and no way did they want their photo circulating. We did get legal advice because the council were being awkward, and that came back saying the reasons why they couldn't. But they haven't stuck in my head as this isn't something that comes up often. I'll ask someone in the office to dig around and see if we still have the advice somewhere.

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There's definitely law on this, but for the life of me I can't recall it without going digging around.

 

Had a little dig around myself. It would appear that a photograph of the OP would be classed as ‘personal data’ under the Data Protection Act and require consent before being published/displayed. Without informed consent (as apposed to coerced consent), unauthorised use would be a breach of the DPA.

 

The OP also has a right to a private life under the Human Rights Act, and publishing/displaying a photograph could be in breach of this legislation.


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You tell them/him no

You can't do that and I forbid you to do it

 

Had exactly the same argument many times over 35 yrs in me last job

 

Its your data you decide what's done with it


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See i cant really go into too much details or what we do as it will flag up immediately and i'm just sourcing information at the moment.

 

But we deal with thousands of people on a daily basis, and Yes we have a name badge on our persons and sometimes an id card with our image. But some of the people we have to deal with daily are individuals which cause anti social behavior and also criminal acts. We are not police or security but we are a large part of the local community.

 

There's been instances where certain ... let em call them "Scrotes" have been on site trying to obtain the name of staff members etc. I ensured that the name badges only contained the first name for that reason to protect peoples right to privacy.

 

Certain individuals since i raised this have took the attitude that - oh we will get it from your staff id cards then, or, How is your picture displayed different to someone taking a photo of you.

 

Well the way i see it is, if i see someone trying to take my photo i can turn away, tell them to stop and also delete that image. How can you police your photo on a wall? The photo wouldn't be there all the time, only when your on shift, but that isn't the point in my opinion.

 

I'm surprised of the initial reactions of "we will take it off the id card then" Ive also told one manager that as there has been no consultation with staff, you cannot just use their image as i think it would be a breach of there personal data (this was before i saw the post above)

 

Previously my image was added to my outlook, so that when i email anyone it shows what i look like. I wasnt a fan of this as well, but i can live with that more as people i email generally i have to have a form of relationship with them. However i dont with members of the public.

 

So far i've asked 6 people within my team for their image - Ive approached it as i should in my position, Ive asked them to provide it to me and havent said its up to them, as i cant be accused of trying to influence their decision. They have actually questioned why and out the 6 only 2 have agreed they are happy with their picture displayed.

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But we deal with thousands of people on a daily basis, and Yes we have a name badge on our persons and sometimes an id card with our image. But some of the people we have to deal with daily are individuals which cause anti social behavior and also criminal acts.

 

So there is also a personal safety risk involved. A formal grievance should be raised by as many people as possible, ideally via the union if they have any influence with high level management. If the company still goes ahead with this proposal, you can then lodge a complaint with the Information Commissioner's Office.


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