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    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system. The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see. The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system. I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
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paulwlton

BPPM ANPR PCN - failed to pay - part reg only - even though I paid??!!

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On the 03rd July I paid to park for 2 hours in Greasborough Road, Rotherham car park.

 

Today I've recieved a parking charge for £100 because of the "failure to pay for parking" They have a photo of my car entering at 14:28:19 and departing at 15:58:35.

 

The letter is threatens enforcement action, including county court proceedings for failing to pay the charge.

 

I was certain id paid for parking and as i was taking my daughter to have her nails done for her school prom she was also 100% certain id paid.

 

I've just checked the glove compartment of my car and there the parking ticket is.  I paid the £1.00 parking fee to park between 14:29 and 16:29

 

I think there maybe a breach of the new data protection regulations in this case????

 

Regards

Paul

 

 

 


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Posted (edited)

Ok, you are in the right so far so name the parking co and we will advise on the next steps.

Also, who owns the land? a stiff letter to them complaining about the useless bandits they have allowed to run amok on their property causing peopel to have a cloaim against themt for the behaviour of the parking cowboys may well get them to tell the parking c to wind their greedy necks in.

 

i bet that the payemtn system uses ANPR so requires to to enter car reg as well as cash into the machine. can you check the details on the ticket and let us know if the reg entered  is correct?

Edited by ericsbrother

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The reg is entered correctly.

The company is called Bank Park Management Ltd.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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where does it say FINE paul please on any of their paperwork?

 

please complete this so we have all the correct info to properly advise you.

 

also scan up the NTK/PCN to one multipage PDF bothsides

read upload

 

dx

 

 

 


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they are IPC members so gulity by association of not caring about honestly and that is borne out by the fact the company hasnt registerd properly with Companies House.

 

You would have thought that an accredited trade association that is run by two solicitors would have done some due diligence checks before accepting a crook as a member fo their upright organisation.

This means that any appeal to them will fall on deaf ears.

 

Scan up the NTK so we can pick holes in that as well. remove your personal details plus any of their reference numbers QR codes barcodes etc. but leave on the dates and times for both the event and the date of the notice.

 

 

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Posted (edited)

Looks like my mistake. The new machine requires the full reg to be entered now, whereas before, only the first two numbers were required. I entered the first two numbers.

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Posted (edited)

Scan.pdf

 

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi Paul,

Interesting that you say you only received the Notice yesterday when the PCN is dated the 12th. To be compliant it should have reached you by the 17th. Also they have used a PO Box number for their address-another no no.

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If they try Court with this they are going to lose, they are going to send ever more srident and demanding letters, invole a tame DCA who has no power to do squat.  Time to act is when they send a LBA from a tame solicitor then rebut them with an acidic letter that as paid and still have ticket they will look very silly if the progress further.  Others will no doubt expand on the correct course of action to take.


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Posted (edited)
5 hours ago, lookinforinfo said:

 

Hi Paul,

Interesting that you say you only received the Notice yesterday when the PCN is dated the 12th. To be compliant it should have reached you by the 17th. Also they have used a PO Box number for their address-another no no.

 

I thought the same. Date of sending is 12th, but recieved on the 19th.?

 

 

The ticket to prove I paid within a minute of parking .

ticket.pdf

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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The date question is I suppose not really relevant in your situation as you paid so you owe nothing. it does therefore call into question Bank Park's record keeping accuracy. Your ticket clearly shows you paid; their Notice clearly stated that you haven't paid. So they had no reasonable cause to access your data from the DVLA.

I have added below the most recent DVLA Instruction manual to the parking companies on how they should operate which will probably give you a better idea of how to approach the DVLA with your complaint. The manual also confirms that the DVLA do require them to adhere to the now defunct OFT's Guidance on Debt.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/455973/Annex_A_-_KADOE_Fee_Paying_Contract_V4.pdf

This is a very interesting pamphlet which if the mods read this might decide its worth putting in the Library.

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I only inputted the numbers in the reg not the full registration. This is their get out clause. 

 

Just sent off the appeal.
 
 
I recieved a NTK on the 19th July 2019 from Bank Park Management Ltd, which claims that on the 03rd July 2019 I failed to pay for parking.
 
I appeal the charge on the basis that I paid for parking between 14:29 and 16:29.
 
As you have no legitimate interest in continuing to process my data pursuant GDPR I request that you delete my personal data off your systems.
 
 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Might have been better not to have appealed, you will lose, then they will think you are on their hook to be reeled in with some threatograms, and added Unicorn Food tax.


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Ive made it clear that they've no lawful basis to continue to process my data. They have no legitimate reason or purpose as there was no parking breach. If they send threatening letters ill issue a claim for compensation under Article 82 GDPR for the distress they cause.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Posted (edited)

Their get out clause  would only work if it stated on the PCN that you failed to input all your registration. But their PCN didn't state, it said only that you  didn't pay. You have the ticket that says otherwise. Therefore their records are inaccurate and so in breach of GDPR. The pamphlet I added in  post 12 has this to say at

 

A5.1. The Customer shall at all times comply with Law and Industry Best Practice in carrying out its obligations under the Contract. 

and

 

D1.7. The DVLA is satisfied that providing the data to the Customer for the Reasonable Causes is compliant with the first and second principles of  the DPA in that it is collected and provided lawfully and fairly for the for the purpose of supporting the lawful use of vehicles.

But  Bank Park did not comply with the first and second principles. I note that the DVLA wash their hands of any blame attached to themswlves  providing data as they have transferred the act of being a Data Controller from themselves to the parking company in all cases. 

You will probably find that if you wait fro a reply from Bank Park they may hide behind their registration number and not agree to quash your ticket. Whereas a complaint to DVLA [as well as asking thabout the date that requested your data was requested ] might encourage them to see sense more quickly.

As an aside I am surprised that you didn't ask for a payment from BP of between 250 and 500 pounds for their breach when you appealed.

Edited by lookinforinfo

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The requirement was to enter the full registration  prior to parking. I messed up, so their system flagged up non compliance and the process of contacting the DVLA was valid in their view.

 

The breach of GDPR would take effect if they continue to process data after being informed that theres no legitimate reason to do so.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I would have thought that as you paid for your parking up front that by them  contacting the DVLA claiming you hadn't paid for parking was when the breach of GDPR took place.If they continue to contact you re the ticket, that would be a further breach of the GDPR.

 

To illustrate your position there is the case some time ago regarding Baroness Walmsley and TFL. She paid the ticket and entered the wrong registration and ended up in the High Court where it was established that it is not the purpose of the scheme to penalise those who make a genuine error. A fact that should be well known to the parking companies since some of them will have lost in Court over the same situation. So as I said, the GDPR breach was theirs when they asked the DVLA for your data.I have included the relevant section below  from her case.

 

 

 

. 43. This interpretation of regulation 16 has the effect of reconciling the provisions of the Scheme as a whole with its purpose, which is to ensure that charges are paid for cars that enter the Zone and that those who fail to pay are penalised. It is not a purpose of the Scheme to penalise those who make a genuine error as to their vehicle's registration number. As has been seen, many people do make such errors and are relieved of penalty. It is and must always have been obvious to Transport for London that there were bound to be many people who would mis-state the registration numbers of their vehicles. For example, it is obviously easy to confuse the letter I with the numeral 1, and the letter O with the number zero, quite apart from the room for mistyping or simple mistake as occurred in this case. 4

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Posted (edited)

bae7471710c27d4d03bc22c4486bd258?AccessK

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Think the tack suggested by Lookedinforinfo, is a decent one, you paid, so no consequantial loss, the wrong entry is a trifle as per the TFL case, so if they tried court I'm sure there will be other ways to tolchock them and cost them more money for a vexatious case.


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If they ignore my appeal and continue to pursue their case without any lawful reason I shall seek compensation for the distress they'll have caused and if they further ignore I shall issue a court claim under Article 82 GDPR. 


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Sorry Paul I forgot to add the Case no myself on my previous post.

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they will reject your appeal because they want the money and that is that.

They will lose a court case as there are plenty of persuasive cases t be considered and they all hinge on the fact that you paid so were granted a licence to park and their pettifogging attempt to chisel you for more money  woudl fall in the "de minimis" rule and as they have used the wrong reason for saying you have breached the contract they cant go back and try again so they dotn ahve a cause for action

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You're correct, they've stated I failed to pay for parking. 


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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