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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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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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BT SIMO - PAC held back - Twice


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As I understand it, you have tried to port your number on a number of occasions and each time they have told you on the telephone that they have been unable to do this because of some technical problems. I understand that you have no evidence of this because you haven't recorded calls.

 

I understand also that you sent them an SAR and they have now responded back to you and I are trying to rely on the three month extension but for reasons which are outside the exception rules in GDPR. Is this correct?

 

Have you now install the call recorder and have you made a new attempt to port your number? Have you managed to acquire any evidence of the fact that you have requested a PAC code and that once again they have been unable to help you?

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Current state of play:

 

Received this - https://www.consumeractiongroup.co.uk/forum/showthread.php?487711-BT-SIMO-PAC-held-back-Twice&p=5130924&viewfull=1#post5130924

 

Forum advised I write back. This is the draft - and I am seeking your input on it, before I send it

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?487711-BT-SIMO-PAC-held-back-Twice&p=5133786&viewfull=1#post5133786

 

Once the letter is finalised - I will send it immediately.

 

Then I will attempt to port my number again - and record the call.

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I think before you send this stuff, you need to decide what action you are prepared to take. I think you are being led around and that you probably need to take control.

 

It seems to me that they are in breach of contract by not supplying you with the PAC code that you need. Also, according to my understanding of GDPR, they are now in breach of their statutory obligations.

 

It will be extremely helpful if you got the recording of them fudging the PAC code request again. You been here since 2012 and I'm only very sorry you don't routinely record your calls as we advise everyone because you would have all this evidence already and you could move immediately.

 

I would suggest that before you do anything else, try to get the PAC code and record what happens. You never know, you might be lucky enough to get at this time. However if they continue causing you problems at least then you will have the evidence that you need without having to hang around for an SAR over which they propose to take three months.

 

After that I think that the next thing I would do is I would send them a letter before claim. I was given 14 days to produce the PAC code and the SAR or sue them without any further notice. They clearly aren't taking you seriously and I'm getting concerned because we have another example of a major company which seems to be totally happy to breach the data protection rules by attempting to rely on a three-month exception in circumstances where it doesn't apply.

 

I think people need to start taking action on this because it will soon become part of the culture of all companies that they can take up to 3 months – and not only that the public will start believing that that is indeed the situation.

 

If you are prepared to take the legal action then I would sue them for the losses that you have incurred as a result of the failure to provide you with the code and also for a modest amount – say, £50, for their statutory breach.

 

As usual we advise that you only decide to send a letter before action if you really intend to go through with your threat which is to issue the papers.

 

I can fully believe that once you did issue the papers then things will start to move very quickly – including the SAR. They would try to get you to drop the case. Although I would recommend that you did drop the part of the claim dealing with the failure of the PAC code – assuming that they paid you out your losses and your claim fee, I would recommend strenuously that you would continue on the statutory breach in order to get a judgement because it is only that which will start to deliver a lesson to this company and all the other companies that are trying to play around with their customers basic rights.

Edited by Andyorch
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