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    • Thanks. I often use this free site  https://www.sejda.com/compress-pdf  for work to compress PDFs. If it's no good, as you say, split it, and we'll do the biz at this end tomorrow. Knackered here - more in the morrow.
    • This is the covering email response (all personal details removed) - the pdf with all the info is 8mb - too big to upload - I'll need to split it and redact it tomorrow. Dear, We write further to your recent correspondence. We note from this that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above. This data is provided on the basis that we note that you have already been identified as the registered keeper of the vehicle in question in relation to the dates of 22nd August 2023 and 11th September 2023 and therefore we can be satisfied, to the standard required, that the data collected and processed in respect of that vehicle on that date is personal data pertaining to you. We can confirm that your name and address were provided by the DVLA on 26th August 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 22nd August 2023 Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we entered into legal proceedings on 8th January 2024 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred. We can confirm that your name and address were provided by the DVLA on 15th September 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 11th September 2023 . Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we contacted our recovery agent in order to recover the outstanding sum owed against the Parking Charge. For clarity, personal data sent to our recovery agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. We can confirm, in line with s.(1)(h) of Article 15, that no automated decision-making or profiling, referred to in Article 22(1) and (4), has been undertaken in relation to personal data in this case. We note that Article 22 states as follows, “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”. We can confirm that you have not been subject to such a decision and that the processing falls outside the scope of Article 22. Any automated checks undertaken by Parkingeye in relation to ANPR data will only result in a decision not to issue a Parking Charge. Should the ANPR data we process indicate that a breach of the parking terms and conditions has taken place, any subsequent decision to issue a Parking Charge will require that data to pass through a substantial checking process that includes human intervention. Please note that the UK General Data Protection Regulation provides the following further rights:   •             The right to request from Parkingeye access, rectification or erasure of your personal data; •             The right to request from Parkingeye restriction of processing of your personal data; •             The right to object to the processing of your personal data.   Please note that some of these rights are not absolute and will only apply in certain circumstances. We will review each request we receive in respect of these rights. We do not have to agree with a request but if we refuse, we will still contact the data subject within one month to explain why. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk. You may also seek a judicial remedy. For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.Parkingeye.co.uk/privacy-policy/   Yours sincerely,   Parkingeye Privacy Team
    • Thanks to you both.  I'd guessed it was CCTV, but the creeps who sneak up and take photos of the vehicles also use time stamps. BTW TT98, what you have received is not a fine, you can never be clobbered for the statutory consequences of not paying a fine - because it isn't one.  It's an invoice, and they have the same right to sue you as you have the right to sue anyone as a layperson who doesn't pay you for an invoice.  It's just a simple civil matter about a "debt".  Nothing worse.
    • As Dave has already said there are Consideration periods and Grace periods to be taken into account when private parking is involved. Before looking at that the first thing is to check whether your PCN complies with the Protection of Freedoms Act 2012 Schedule 4 which regulates the private parking rogues. They were very good at twice quoting from the Act but they missed Section 9[2][e] (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; They didn't do that so they have not complied with the Act which means they cannot pursue you as the keeper only as the driver which they said themselves when quoting Section 9 [2][f] . In addition they are supposed to quote the period of parking but instead given the times of arrival and departure of your vegicle which is not the same thing.Obviously their times  include the driving times to the parking place plus later from the parking place to the exit. So removing those times from your 15 minute overtime and that doesn't include extra minutes when your car was held up by stopping for pedestrians or other cars passing in front of you as well as returning the shopping trolley and possibly  queueing to get out of the car park. And that doesn't include children and or disabled people causing greater differences betwen their times and the actual parking period which is what is specified in the Act. It is perfectly possible that as much as fifteen minutes longer  could be taken in a larger busy car park compared to their spurious ANPR times. You may have noticed sating well done to you in his post. that was for two reasons. The first for giving us all the necessary details surrounding the alleged breach. the second well done was for not appealing a possibly giving away who was driving. As you the keeper is not responsible now for paying the PCN and Highview do not know who was driving they will have difficulty if the take you to Court since Courts do not accept that the keeper and the driver are the same person which is quite right considering that quite often family members often drive as opposed to the keeper as can loads of other people drive your  who have valid insurance motor policies. So don't worry even if you have to go to Court as the odds are in your favour and that's before we see the contract and Witness Statement which often give more ammunition against them.
    • Thanks. The way the court system works, with fixed costs included in the claim, means you have nothing to lose by fighting on. Give in now and you pay them their claim. Lose in court and you pay them their claim.  So why not fight? In fact were you to lose in court it's highly likely that the judge would increase the amount by their £25 hearing fee but then decrease it by disallowing the £70 Unicorn Food Tax they have just made up and added to the claim. It was however a mistake not to park in the far bay. But what about their negligence in allowing a disgracefully-parked vehicle to stay where it was and prevent your BB access? In any case, there is a long, long way to go before court.  A lot of these companies start a court claim in the hope that the motorist will wet themself and give in.  If a case is robustly defended and a decent Witness Statement produced, a good 20% of the time they drop the cases.  We'll support you all the way.
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M&S DWF - security staff kept my possessions and used my wallet without permission to ID me by photoing my cards.


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Hello, 

could i check what happened with this ? 

Marks And Spencer’s DWF - Retail loss Prevention/Other shoplifting allegations. - Consumer Action Group

But not only did they have the goods back, the security person took my personal belongings and goods (I was travelling between places) and stated if I couldn’t provide receipts then most of my goods were confiscated (some of my clothes were 3 years old and these goods weren’t from M&S)

i Don’t know where I stand on this where the irony is they actually took from me. I’m pretty shaken up as I was man handled by 3 security people for £50, I admitted guilt 

Do you know what the fine will be?

I didn’t know how to create my own post. Apologies but was also looking for guidance. 
 

I’ve read to ignore the letters but I’m worried about the credit as I want to buy a home.

Hope someone can guide / reassure me. Thanks in advance 

 

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Hi all,
 

I found myself in a position with M&S last night where I was called back by security  (totally embarassed). But not only did they have the goods back, the security person took my personal belongings and goods (I was travelling between places) and stated if I couldn’t provide receipts then most of my goods were confiscated (some of my clothes were 3 years old and these goods weren’t from M&S) ,

i don’t know where I stand on this where the irony is they actually took from me. I’m pretty shaken up as I was man handled by 3 security people for £50, I admitted guilt. I signed the paperwork even though I wasn’t allowed to read it (guard covered the paper work and just told me to sign, using classic intimidation techniques when you are distressed).

He also helped himself to my wallet in my bag and took my credit card and drivers license, but not sure what he was doing with my credit card. He started accusing me of stealing all the things I had on me and was completely aggressive (I wasn’t expecting roses) but I had admitted to the guilt. They accused me of stealing in there before and being caught and I hadn’t to either of those accusations, but he chose to continue to belittle me and or let me talk. 

Would he have taken my card details for the fine ? Do you know what the fine will be?

Apologies i was also looking for guidance. I know I messed up.

I’ve read the advice to ignore the letters but I’m worried about the credit as I want to buy a home.

I’m just looking for guidance /reassurance and any indication of the fine and when to expect this letter.

Many thanks 

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The people who detained you cannot 'fine' you. A fine is the result of a legal process which you have not been subject to, and now won't be subjected to if the Police were not involved at the time. Besides, you say the business suffered no loss as they recovered the goods.

What the security people will have done is record your information and passed that to a retail loss prevention outfit, who will write to you and demand that you 'reimburse them for the cost of the security team's time in dealing with you'. The reality of the situation is that their time is accounted for in the cost M&S pay for their services in the first place. They are not entitled to recover that cost from you. They will try, but you will simply ignore their attempts to contact you. After a time the contact will cease when they realise you refuse to fund their Christmas party.

Stop worrying about this affecting your credit score. It has nothing to do with that.

What I would do though is keep a careful eye on your credit card statement. If someone was closely examining mine I would want to make sure they weren't planning to use it.

Aside from all of that, what prompted you to go down this road?

Edited by theberengersniper
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Thank you for your response. 


I’ve had a lot of anxiety and stress from my work lately , and me going into town was just supposed to release stress and get some food. But I just was wondering around and picked up a few things, they were actually things I didn’t even need or want and in a way blacked out and just walked out. I was in some sort of anxious trance where I knew it was wrong as well. This is no excuse though. 

Yes I had some clothes in my bag and makeup and was going from home to a friends passing through town.

I look after my things and they just swiped the lot and just accused me of taking it even though items were worn, unless I could prove I had a receipt also these items were not from this brand. They were relatively old things, where I can’t prove where receipts are. My make up which my mum has purchased for me ,

they just took because they were intimating me and I couldn’t explain where it was from.  

I know I did wrong but I admitted guilt and for me I think it went too far.

I can only have my stuff back if I had receipts which was impossible.

I suppose I just have to cut my losses. 

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Topic moved to the correct forum. Please continue to post here.

 

Andy

We could do with some help from you.

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For the site team and regulars...

Any opinions / thoughts on the theft by M&S from the OP?

 

Also AP,

47 minutes ago, theberengersniper said:

Aside from all of that, what prompted you to go down this road?

Are you under stress of some kind?

Perhaps a call to your GP may be something to consider...

We could do with some help from you.

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Yes definitely stressed and anxious but it’s no excuse for my behaviour.

I don’t know why I did it, I’m angry at myself for putting myself in that position and can’t even explain why.

I didn’t need those things. 

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yes pop along and see your gp, its all in confidence.

now as interms of your items and your cards.

id not be too worried about what happens with your card details, they would be really silly to use them, but the main issue here is they took the cards and used your details without your permission? to ID you. 

DID you give them permission to take the wallet, open it and take your details from its contents?

if you didnt security staff have no legal authority to do so without your permission and you have a serious complaint opportunity here against M&S.

there must be video footage of the room they took you too under M&S rules for their security, so did you spot and cameras in the room?

as for the goods that were nothing to do with them and they had no right to retain, you indicate you dont want them, well if the above has made you think and you want to complaint, pers i would add those into it as it shows further wrong doing by their security staff.

so answer the bits above, and if you want to move this fwd (pers i would, how you were treated was not the way you should have been).

you are in a very strong position if there is video.

as for dwf and their letters going fwd.., simply ignore, nothing they can do and is most certainly not influenced by if you complain.

dx

 

 

 

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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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Yes they grabbed my bag and started sifting through my wallet and just got my cards out.

I was in a bit of a frenzy, it was either do it or they’ll call the police - but they did not have permission to go through my wallet. 

I can’t recall seeing a cctv in the room just a desk and some chairs 

Interms of my stuff this has been the most baffling and hurtful.

I don’t know where I stand legally about complaining since I caused the situation.

Do they have a right to keep my things. They were only keeping for 24 hrs unless I proved receipts for everything.

I’m not sure if I want to go down this route, I suspect their counter argument is that they have a right as I was shoplifting.

I almost feel embarrassed complaining. 

on the letter handed to me, they say specifically put complaints in to DWF and not the staff. 

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they have no right to keep things they cant prove were as a result of your shoplifting.

they had no right to go thru your wallet without your express permission and use your cards to take your details 

the fact that you shoplifted makes neither of the above lawful.

marks and spencer are your target, the security are M&S employed staff

you totally ignore DWF.

up to you but i would

you could get compo out of this.

dx

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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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  • dx100uk changed the title to M&S DWF - security staff kept my possessions and used my wallet without permission to ID me by photoing my cards.

Ap,

CAG are known for being pro active and litigious in supporting consumers.

As you say, what you did was wrong.

However, this did NOT give them carte blanche to treat you the way they did, trampling your legal rights along the way!

IF you want to pursue M&S for their actions, the site team would help you with all the advice you need.

They are presumably treating all of their "targets" in this manner and will keep on doing so... Unless / until somebody points out the error of their ways.

Over to you...

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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just type in the msg  box no need to keep hitting quote.

you are not responding to m&S

you have nothing to respond too.

you are complaining about their unlawful staff actions and their treatment of you

you will be demanding all video footage (before they destroy it or it gets rotatably wiped by reuse of their system)

and should they say they do not have cameras in that room, you will be further advancing this, as thats against all the rules they must operate such security staff/loss preventions systems under   . i believe it is also the law under at least GDPR. bit im not too sure who would need to know about this, but people like the ico spring to mind though im not sure who exactly else too.

something smells here.

should you wish please pm me with where this happened and i'll let the team know

dx

 

 

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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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Your account has not yet met the minimum content item count requirement to send personal messages. You are required to have at least 11 content items count before using this functionality.

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pm sent

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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This is the text I have prepared for the store.

I’m not sure if I’m being too emotional but tried to stick the facts as I know they’ll go through and try to answer point by point.

 

On Tuesday 31st October between 5.15pm -6.00pm unfortunately I had an altercation with your retail security staff which I admitted I took some goods but offered to pay for them.


Whilst I admit this was my fault and accepted this, the whole situation on how it was dealt with by your security staff was appalling.


I was manhandled and approached by 3 men outside M&S, none of them gave me their names and 1 (white male)flashed his badge ( not sure what this one) and physically grabbed be from behind hurting my back and dragging me back what felt like he was ripping my clothes and punching me in the back .

I am a 5ft 2 woman weighing 8 stones. Naturally I was hysterical being approached in this manner and this dark and completely shocked. I admit I was a bit frightened and was taken back to your private room.

This 1 male (white) was inappropriately aggressive to me and kept threatening the police and his rights to do what he
wanted, in affect his intimidating behaviour made me even more anxious and upset. There was another female present in this room who did not say anything , again I offered to pay for the goods.

What unfolded after this was a terrible representative on your staff and one which has forced me to seek legal representation who will be reviewing my case:


I was constantly threatened into handing over all my personal goods and bags. I did not give permission for the security guard to go through my handbag (the white male) , who took my wallet and helped himself to my ID and credit card- I still don’t know why he was taking my credit card details and I want M&S to confirm why my credit card details were taken. I will also be reporting this to my credit card provider.


The M&S goods were handed back to the store, however many of my personal items were retained, used clothes, new clothes, make up - all items that were non M&S brand. These were not returned to me as the security officer had decided that everything was stolen because I could not supply receipts to the items new and old. Regardless these were my personal items not relating to M&S and legally you had no right to confiscate these.

There was also a point where you called another staff from another store to hand over my items from my personal bag because you had decided that these were stolen with no evidence and no one from the store had not actually had an issue with me or accused me of anything (again the security guard decided to judge and prosecute me on the spot).

There was a point he tried to hand the other store clothing that was not even related to their brand. I was told if I did not provide receipts by the next day then I would not be entitled to my own things. I’m not sure how I would provide receipts for gifts and used clothes and makeup.

I would like all my items returned, you have legally no right to keep these, they are not the property of M&S. The irony of pulling me over for store theft when your security guard has stolen my personal items and somewhat details of my credit card for unknown reasons.

My address was provided to the store and arrangements should be made for these items to be returned to me. The items that were handed back to another store even though they did not request them or accuse me of shoplifting I will also want them returned. I trust an itinerary of what you took from me was kept.


I am in no way inclined to legally tell you my personal situation and why I was in town, these were personal reasons why I carrying my own things that day (non M&S goods). Your goods were returned to you.


The statement made by your security guard was that I was not entitled to walk around a city centre with my personal items unless I had receipts for everything I owned even old things. Therefore is the M&S security policy one where no one can enter the store or walk through city centre without receipts for everything they own ? Because people pass through centres for all reasons not just to go shopping.

Towards the end the event, the security officer (white male) also tried to take my used coat from me , again not an M&S brand, I’m baffled at the behaviour of your security team. I can only assume his behaviour towards me was to try and make this a scene and events bigger than they were.


I was also asked to sign a form however I was not allowed to read the document with the security officer covering it and just telling me to sign otherwise threatening me with the police. I have no idea what I have signed. I would like a copy of this.


Whilst outside I was also accused of shoplifting 1 year ago and being caught, however I have never been approach and had an altercation in any M&S store. With these accusations I would like to see what footage you have from 1 year ago leading to accusing me of this and any paperwork.


I would also like to see footage of the room I was held in and the interview. I will need to pass this over to my legal representative as well as the names of all the people who were in the room. This will be reviewed on my behalf. I was also subject to humiliation and abuse in-front of non M&S staff and I would like the name of the person who was allowed to enter this room. 

Your security officer (white male) also during his aggressive tone started to spurt non factual information about how I scratched him whilst he was trying to bring me in, and how I was smiling like a ‘Cheshire cat’ throughout this whole process. All untrue and I would like to see footage of this.

His behaviour was almost trying to engage me into becoming upset and angry. Every question he asked me resulted in him just shouting at me , threatening to call the police, whilst also mimicking me with his colleagues in the room over the contents of my personal items. His comments at the end where something along the lines of if he saw me in the street and asked me to stop then I would have to stop, very threatening and I don’t have to stop for anyone who is not the police.


Please provide me with the information I have requested so that my legal representative can review this and my personal goods that that you have taken (non M&S).

My address was provided to the security guard, I trust this can be located.

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sadly thats far too long and emotive .

just stick to  bullet point list of facts.

then ask for the return of your goods

a letter of apology for the way you were treated

and video footage from the room where you were taken too.

i would not go into too much detail about he said/did other than the points you wish redress /an apology on.

your complaint and a further letter will be advanced once you have the video footage or know none exists.

you cant ask for old footage that wont exist.

if you are not using a legal rep/sols so dont lie - no need too.

 

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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