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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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Phone call recorded by shop and used on online blog without my approval


axil23
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I bought my wife jewellery which after using a few times she did not like. Now this product is very hard to come by and has a long waiting list. I only got it as I am regular with them and spend a decent amount of money on their brand. A friend suggested I sell it to a shop that sells used stuff like this. 

 

I called them up and asked them if they wanted to buy it and what the procedure was. Was happy with that and completed the sale. 

 

Got a phone call from the shop that sold it to me as they found out I had sold the stuff. Only just found out today that this particular shop has a YouTube channel where they showcase the stuff they have and one of their videos has the phone call mentioned above. They never informed me they were recording it or using it for their YouTube. 

 

They haven't shared any information but they used the telephone call without editing and the manager who sold me the product recognised me. 

 

I have lost a 10 year relationship that I built over the years. The second hand shop refuses to take down the video of my phone call.

 

Obviously the damage has been done but I am very angry at the shop for using my telephone call for their sales videos without my consent.

 

What can I do? 

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i doubt anything.

 

you would have somewhere agreed to it in their t&c's i would guess.?

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I didn’t sign anything! 
 

Thought a business had to tell you if they were recording the phone call?

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you don't have to sign anything if you trade, you agree to their T&C's by trading with them.

go check them.

 

a business nor you has to inform anyone they are recording a call as long as they don't reveal pers details to third parties without express consent as far as i'm aware.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have they named you?
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well each would have some pers info i expect or as you say, enough 'unique' info to add 2+2 but thats not in the public domain ... as i say i don't think they've done anything wrong..see what others think....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

I do agree to a cetain extent with dx100uk but you need to remember that if they recorded the call that is then classed as DATA and if they have used that recording of that DATA on there youtube video without your express permission (which I doubt you gave by telephone but did you sign anything when you sold these items at that shop and what does its terms and conditions say?).

 

This does not stop you enforcing your Right to Erasure under the General Data Protection Act (GDPR) Article 17 and asking them to erase that Data from not only there business but there Youtube Channel as well you need to write to them to enforce this.

 

Look at this ICO link: 

 

ICO.ORG.UK

The GDPR introduces a right for individuals to have personal data erased. The right to erasure is also known as ‘the right to be forgotten’.

 

 

Look at this link on you GDPR Rights:

 

WWW.PRIVACY-REGULATION.EU

Article 17 - Right to erasure ('right to be forgotten') - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with...

 

 

 

 

 

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i don't believe you can simply demand the 'right to erasure' just because 'you don't like' what happened with your data, there has to be a valid reason...i'e something was done with the 'data' that you did not, and this might have happened by 'default', agreed too. 

 

it's a bit like stuff here on CAG, OP's reveal 'data' and latterly want it 'gone' ...but our site rules state otherwise .

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The law is very complicated but I have no doubt that if they recorded a telephone call without giving you any warning and then put it up on YouTube, that they were committing an offence under the Regulation of Investigatory Powers Act and or The Investigatory Powers Act – although don't ask me where specifically to find the provision.

If they gave you a warning then it would be an offence to use the recording outside the scope of that warning.

If either they didn't give you warning or they used it outside the scope of the warning then I'm quite confident that it could be a breach of GDPR - but I think we would have to no more about the way in which you are recognised.

If it was simply, for instance, the sound of your voice – then that might not be a data breach – unless somebody wants to argue that the sound of somebody's voice is capable of being "personal data". (If it's not yet – then I expect it will in the future.)
On the other hand, if it is because of information which it contained such as a reference to the purchase you had previously made then this could very likely be "personal data" in which case there may be a clear breach of GDPR.

 

I think it's quite natural to feel distressed about publication to which one had not consented, of an audio track .  I think it's also very natural to be distressed that a 10 year working relationship has been damaged by disclosure of the contents of that conversation. I think it's also very distressing to make a request that the publication be removed and for that to be refused.

Please can you tell us more about the identifier in the conversation

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In fact from a very cursory scan of some Internet sources, I can see that it has already happened. Voice recording is an example of biometric data. It is personal data and is protected

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I suppose it is because the person could be identified as someone might recognise the voice.

 

Another point concerns payment for the marketing work that has been provided.  If the terms and conditions of the shop do not allow for phone calls to be used for commercial purposes,  then I would think you could argue about the value of the work.

 

How much would be a reasonable fee for this work ?

 

Youtube could be contacted, raising a dispute with them that consent was not provided to use the phone call.

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I think if you started talking about fees for the work then you would have to start talking about implied contracts – and that would imply consent which would run counter to the idea that this was unauthorised publication.

I think there's much more value in claiming under GDPR for distress.

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This piece of jewellery is not available anywhere and was the first of its kind in my area. I specified the colour and what it was on the phone call. When I met them at their shop I asked them to keep it quiet as I didn’t want anyone to know I was selling it. They agreed. 
 

I called him on his private mobile number where the phone call was recorded by video camera. 
 

The company must have seen the video, the specifics of the product mentioned and heard my voice. 

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And do you have details of when it was first put up?
Did you request in writing for them to remove it? Did they respond in writing?

What is the name of the shop?

I suggest that you send them an SAR.

 

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I just found out yesterday. It was put up on the 6th of June. 

 

I have tried calling them a few times but the owner knows my mobile number is not answering the calls. I sent him a text to explain and he hasn't replied. 

 

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You haven't addressed the questions I've put. Very difficult to help when you won't actually deal with the questions

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4 hours ago, BankFodder said:

And do you have details of when it was first put up?
Did you request in writing for them to remove it? Did they respond in writing?

What is the name of the shop?

I suggest that you send them an SAR.

 

First put up - 6th of June

Sending them a request today as I only found out yesterday. 

 

Rather not say the name of the shop yet as its a independent trader and I want to give them the opportunity to make things right. Will send them a SAR

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