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#Post#: 39654--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: bebu
Date: October 7, 2024, 5:26 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Where are the photos you took when you went back to the site?
The links to them do not work anymore. However, the GCV view
from March 2022 show that any signs they claim were there in
2017, were not actually there anymore.
>
> Also, the signs they have shown show that they were "created"
in November 2017 but "modified" in May 2017. If that is not
evidence of tampering, I don't know what else is.
>
--- End Quote ---
I cant attach them on here, as it says the storage is full. So I
have uploaded them to my dropbox account here
HTML https://www.dropbox.com/scl/fo/xtruxsvfak8fv1sbr6krv/AKommLFeUuaVlnDLkDQyELM?rlkey=7da7a0vmpt7vk49qdjv73moin&st=58acrojy&dl=0
#Post#: 39656--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: b789
Date: October 7, 2024, 6:04 am
---------------------------------------------------------
As any reply to the operators evidence can only be pasted into
the response box on the POPLA website and is limited to 20,000
charachters, you should respond with this:
--- Quote ---
> Initial Summary – Operator’s Complete Failure to Address My
Appeal Points
>
> Smart Parking has entirely failed to address the substantive
points raised in my original appeal to POPLA, which were
critical in challenging the validity of the Parking Charge
Notice (PCN). Instead of responding to these points, they have
chosen to submit irrelevant, incorrect, and tampered evidence,
which includes an astonishing GDPR breach. In their submission,
Smart Parking seems to believe I went shopping with a
6-month-old son and spent the time breastfeeding. Allow me to
clarify: I am male, and I do not breastfeed my 16-year-old
daughter (who lives two hours away in another city). This level
of incompetence would be laughable if it weren’t so utterly
unprofessional and unlawful.
>
> It is hard to imagine a more vexatious attempt to extort money
from me than this submission, which fails to meet the basic
standards required by the BPA Code of Practice. Smart Parking’s
blatant disregard for accuracy and their gross mishandling of
personal data—pulling someone else’s appeal details into my
case—demonstrates nothing short of contempt for the POPLA
process and data protection laws.
>
> Given that Smart Parking has not even attempted to engage with
or rebut the actual arguments in my appeal, I assert that their
evidence is incomplete, unreliable, and fails to meet the
required standards of an Accredited Operator Scheme (AOS)
member. Their incompetence and this ridiculous submission should
result in the immediate cancellation of the PCN.
>
> 1. GDPR Breach and Incompetence
>
> Smart Parking’s submission is not only factually incorrect but
also includes irrelevant personal details from another
individual's appeal, which is a gross breach of GDPR. The
mention of breastfeeding and shopping with a 6-month-old child
is not only irrelevant to my case but constitutes a serious
breach of Article 5(1)(f) of the UK GDPR, which requires that
personal data be processed in a manner that ensures its security
and confidentiality.
>
> This level of incompetence violates several sections of the
BPA Code of Practice, including:
>
> [indent]• Section 23.1(c): Operators must comply with all
relevant legislation, including the Data Protection Act (UK
GDPR). Including another person's personal data in my case
demonstrates a total disregard for data protection laws.
>
> • Section 23.1(a): Operators must act professionally and treat
motorists fairly. The inclusion of someone else's details in my
appeal shows a fundamental failure in professionalism.[/indent]
>
> Such a breach of both GDPR and the BPA Code of Practice makes
Smart Parking’s evidence fundamentally unreliable and calls into
question their fitness as an AOS member. Their mishandling of
this case should result in the invalidation of the PCN.
>
> 2. Lack of Evidence Regarding Standing
>
> The operator has provided no evidence that they have the right
to issue parking charges at this location. While POPLA has, in
the past, made the assumption that operators must have a
contract simply because signage is present, this is not legally
sufficient proof of authority to operate.
>
> The presence of signage does not constitute evidence that the
operator has the landowner's authorisation to issue parking
charges or pursue these charges through enforcement. It is
critical to understand that any party wishing to impose charges
on private land must provide strict proof of their legal
standing to do so. This requires more than assumptions or
generalisations—it requires an unredacted, valid, and up-to-date
contract with the landowner.
>
> The BPA Code of Practice clearly states under Section 7.2 that
operators must ensure they have written authorisation from the
landowner, and this must be produced if challenged. The contract
should clearly define:
>
> [indent]• The land on which the operator may operate, with
boundaries clearly specified.
>
> • Any restrictions on hours of operation or parking control.
>
> • Whether the operator is authorised to issue Parking Charge
Notices in their own name or merely as an agent of the
landowner.
>
> • Whether any exemptions exist, such as for genuine customers
or residents.[/indent]
>
> The contract must also set out the specific authority the
operator has to enforce parking terms and the exact amount they
are authorised to charge. It is not acceptable for the operator
to simply assert that they have authority without producing this
document.
>
> In this case, Smart Parking has failed to provide any such
contract, and their omission is telling. I challenge POPLA to
recognise that without strict proof of an active and valid
contract, the operator has no legal standing to enforce parking
charges at this site. Any decision based on an assumption that
the operator has a contract without seeing actual evidence would
be fundamentally flawed and unjust.
>
> Only an unredacted, up-to-date contract between the operator
and the landowner that complies with BPA Code of Practice
Section 7.3 should be accepted as valid proof. This is a minimum
legal requirement, and failure to produce this document
undermines the operator's entire case. It is not enough to
assume that signage equals authorisation; strict proof is needed
to validate the operator’s standing.
>
> 3. Operator’s Competence, Integrity, and Failure to Comply
with the BPA Code of Practice
>
> Smart Parking’s submission exhibits a profound lack of
competence and professionalism, which directly contravenes the
standards laid out in the BPA Code of Practice (CoP). Their
handling of this appeal is indicative of a broader failure to
comply with the BPA CoP in several key areas, which should
seriously call into question their ability to operate as an
Accredited Operator Scheme (AOS) member.
>
> [indent]• BPA CoP Section 2.4 clearly requires that operators
must maintain high standards of professional conduct. Smart
Parking’s submission, which contains inaccurate, irrelevant, and
tampered evidence, shows they have failed to adhere to even the
most basic professional standards. The use of evidence from an
entirely unrelated appeal, containing personal details from
another motorist, is not only grossly unprofessional but
represents an utter disregard for data protection laws and the
BPA’s own requirements for fair and transparent conduct.
>
> • BPA CoP Section 23.1(a) obliges operators to act
professionally and fairly when dealing with motorists. Smart
Parking’s failure to respond to the points raised in my appeal
and their inclusion of another individual’s personal data
demonstrates a clear breach of this obligation. Their handling
of the evidence is sloppy at best and a deliberate attempt to
mislead at worst.
>
> • BPA CoP Section 23.1(c) also mandates that operators must
comply with all relevant legislation, including the UK GDPR and
the Protection of Freedoms Act (PoFA). The inclusion of personal
details from another case in my appeal submission constitutes a
serious breach of Article 5(1)(f) of the UK GDPR, which requires
data to be processed in a manner that ensures appropriate
security. This is not a minor oversight but a significant
failure in data management, which I will be reporting to the
Information Commissioner’s Office (ICO) for
investigation.[/indent]
>
> Further to this, I will also be reporting Smart Parking to the
DVLA for serious breaches of the KADOE contract, which governs
their access to driver data. Their gross mishandling of personal
data in this case is indicative of a systemic failure to meet
the conditions required under the KADOE contract, and I will be
raising this issue with the DVLA as part of my complaint.
>
> It is important to note that, while POPLA may not consider
external reports as part of their assessment, the operator’s
gross failure to meet both the legal requirements under GDPR and
the BPA CoP standards should not be ignored when assessing their
competence and reliability. These breaches demonstrate that the
operator lacks the professionalism, competence, and integrity
necessary to issue and enforce Parking Charge Notices.
>
> For these reasons, and given the operator’s complete failure
to adhere to the BPA Code of Practice, the PCN must be
cancelled. Smart Parking's conduct, from their mishandling of
personal data to their submission of outdated and tampered
evidence, shows that they are not fit to operate in accordance
with the standards required of an AOS member.
--- End Quote ---
#Post#: 39657--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: DWMB2
Date: October 7, 2024, 6:10 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> I do not breastfeed my 16-year-old daughter
>
--- End Quote ---
There's a line I never thought I'd read on a parking forum.
That response looks good - given the sheer level of incompetence
on show, once the POPLA appeal is concluded, I'd recommend
following up on the DVLA complaints mentioned in the proposed
response.
#Post#: 39659--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: b789
Date: October 7, 2024, 6:15 am
---------------------------------------------------------
It needs a DVLA complaint, a BPA complaint and an ICO complaint.
#Post#: 39662--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: bebu
Date: October 7, 2024, 6:50 am
---------------------------------------------------------
I dont think I have laughed so much on a monday. :) :D ;D
I think these forum, should have a "BUY ME A COFFEE" section, to
say thank you to everyone for such kind assistance.
--- Quote from: b789 link ---
>
> It needs a DVLA complaint, a BPA complaint and an ICO
complaint.
>
--- End Quote ---
How do I go about these complaints ? And can I demand
compensation ?
I changed the wording slightly to
Smart Parking has entirely failed to address the substantive
points raised in my original appeal to POPLA, which were
critical in challenging the validity of the Parking Charge
Notice (PCN). Instead of responding to these points, they have
chosen to submit irrelevant, incorrect, and tampered evidence,
which includes an astonishing GDPR breach. In their submission,
Smart Parking seems to believe I went shopping with a
6-month-old son and spent the time breastfeeding. Allow me to
clarify:
I am male, and I do not breastfeed
I have a 16-year-old daughter (who lives two hours away in
another city, close to London and has never been to Hull, where
the incidence happened). This level of incompetence would be
laughable if it weren’t so utterly unprofessional and unlawful.
I see my "ONLY CHILD" regularly, (e.g. last saturday the 5th)
But she stopped breastfeeding over 15 years ago
#Post#: 39664--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: DWMB2
Date: October 7, 2024, 7:01 am
---------------------------------------------------------
--- Quote from: bebu link ---
>
> How do I go about these complaints ?
>
--- End Quote ---
- DVLA Complaints Process
HTML https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure
- BPA Complaints Form
HTML https://portal.britishparking.co.uk/compliance/LogComplaint
- ICO Data Protection Complaints
HTML https://ico.org.uk/make-a-complaint/data-protection-complaints/
BPA usually insist you complain directly to the member first -
frankly this might be interesting to do simply to see how Smart
claim they are going to resolve the issue in regards to the
other person's data.
--- Quote from: bebu link ---
>
> And can I demand compensation ?
--- End Quote ---
You can demand it, but it's probably unlikely to be forthcoming.
A bigger GDPR breach has seemingly been committed against
whoever's appeal they're confusing yours with. It does raise the
question of whether or not your data has been similarly
mis-shared, but getting evidence of that might prove tricky.
#Post#: 39669--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: b789
Date: October 7, 2024, 7:16 am
---------------------------------------------------------
Here is a suggested initial complaint to the DVLA to start the
ball rolling:
--- Quote ---
> Subject: Breach of KADOE Contract by Smart Parking Ltd
>
> Dear Sir/Madam,
>
> Vehicle Registration Number: [YOUR VEHICLE REGISTRATION]
> Parking Charge Reference: [PCN REFERENCE]
> POPLA Appeal Reference: [POPLA REFERENCE]
>
> I am writing to formally lodge a complaint against Smart
Parking Ltd for their blatant breaches of the KADOE contract,
which governs their access to vehicle keeper data through the
DVLA. This complaint is supported by attached evidence, which
clearly demonstrates the operator's incompetence, unprofessional
behavior, and unlawful conduct. I am aware that this is not an
isolated incident, as other motorists have raised similar
concerns about Smart Parking’s misuse of personal data. Given
the financial relationship between the DVLA and operators like
Smart Parking, I am concerned that this complaint may be
deflected to protect your income stream. However, I expect the
DVLA to address this issue transparently and fully investigate
these breaches.
>
> Key Issues:
>
> [indent]1. GDPR Breach: In their response to my POPLA appeal,
Smart Parking embedded another motorist’s POPLA appeal within
mine, including personal details completely irrelevant to my
case. This breach includes references to breastfeeding and
shopping with a 6-month-old child—information that obviously has
nothing to do with me, as I am male and have no such child. This
careless inclusion of another individual’s personal data not
only violates Article 5(1)(f) of the UK GDPR but also
demonstrates Smart Parking's incompetence and lack of
professionalism. By acting unlawfully and irresponsibly in this
manner, they have clearly violated the standards of conduct
required under the KADOE contract.
>
> 2. Tampered and Outdated Evidence: Additionally, Smart Parking
submitted signage evidence from 2017, which contains tampered
metadata, showing the “creation” date as November 2017, while
the “modified” date is May 2017. Further to this, Google Street
View from March 2023 confirms that the signage in their
submission no longer exists. This is a clear attempt to mislead
by submitting tampered and outdated evidence, which further
demonstrates their lack of professionalism and their failure to
comply with the KADOE contract’s requirements for accurate and
lawful conduct.[/indent]
>
> Escalation to BPA, ICO, and MP Involvement: In addition to
this complaint, I have escalated the matter to the British
Parking Association (BPA) and the Information Commissioner’s
Office (ICO). Evidence of these blatant breaches of the KADOE
contract, GDPR, and BPA Code of Practice will also be submitted
to these bodies. Furthermore, I will be raising these concerns
with my Member of Parliament, asking them to bring this matter
to the attention of the relevant government ministers. This is a
serious issue that warrants ministerial oversight to ensure that
the DVLA is fulfilling its obligations to protect the public’s
personal data.
>
> Action Requested: I request that the DVLA conduct a formal
investigation into Smart Parking’s conduct and provide me with a
detailed response, including the specific sanctions or actions
the DVLA intends to take regarding these violations. I expect
the DVLA to address these issues appropriately, rather than
deflecting the complaint to protect its income stream from this
lucrative operator. Given Smart Parking’s breaches of the KADOE
contract, I believe that their access to sensitive vehicle
keeper data should be reconsidered.
>
> Please find attached the relevant evidence to support my
complaint, including the tampered and outdated evidence provided
by Smart Parking and the GDPR breach in which personal data from
another motorist’s appeal was embedded in mine. I trust that
this matter will be handled with the seriousness it deserves.
>
> I look forward to your response, including a full explanation
of the actions you will take.
>
> Yours faithfully,
>
> [Your Full Name]
>
> [Your Address]
> [Your Email Address]
> [Date]: [PCN REFERENCE]
> POPLA Appeal Reference: [POPLA REFERENCE]
--- End Quote ---
#Post#: 39672--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: b789
Date: October 7, 2024, 7:28 am
---------------------------------------------------------
Here is a suggested complaint to (not so) Smart:
--- Quote ---
> Subject: Formal Complaint Regarding Handling of POPLA Appeal
[Case Reference]
>
> Dear Sir/Madam,
>
> Vehicle Registration Number: [YOUR VEHICLE REGISTRATION]
> Parking Charge Reference: [PCN REFERENCE]
> POPLA Appeal Reference: [POPLA REFERENCE]
>
> I am writing to formally inform you of my complaint regarding
the handling of my POPLA appeal. Given your demonstrated
incompetence and unprofessionalism, I am not seeking an
investigation but merely informing you of the reasons for this
complaint and the actions I have already taken.
>
> Key Issues:
>
> [indent]1. GDPR Breach: Your submission in response to my
POPLA appeal contained personal details from another motorist’s
appeal, referencing breastfeeding and shopping with a
6-month-old child—information that is entirely irrelevant to my
case, as I am male and do not have a 6-month-old child. This
constitutes a gross breach of Article 5(1)(f) of the UK GDPR,
and such a careless error only highlights your incompetence and
unlawful handling of personal data.
>
> 2. Tampered and Outdated Evidence: Your submission also
included signage evidence from 2017, with suspicious metadata
showing the “creation” date as November 2017 and the “modified”
date as May 2017. This, coupled with the fact that Google Street
View from March 2023 confirms that the signage no longer exists,
shows that you have submitted outdated and misleading evidence
to POPLA.[/indent]
>
> Escalation Already Initiated: As a result of these serious
failings, I have already escalated a formal complaint to the
DVLA regarding your violations of the KADOE contract.
Additionally, I will be escalating this matter to the British
Parking Association (BPA) and the Information Commissioner’s
Office (ICO) irrespective of your response. Your repeated
failures in this case demonstrate a clear lack of
professionalism and competence that needs to be addressed by
regulatory authorities.
>
> Next Steps: While I doubt you will cancel the Parking Charge
Notice (PCN) at this stage, as the appeal has already been
submitted to POPLA (a fee you have already wasted), I want to
make it clear that your position is indefensible. Should you
wish to withdraw your POPLA submission, it is already too late
to save yourselves from the consequences of your own
incompetence. You are now being held to account by your own
errors.
>
> I trust this matter will be duly noted on your side.
>
> Yours faithfully,
>
> [Your Full Name]
>
> [Your Address]
> [Your Email Address]
> [Date]
--- End Quote ---
#Post#: 39673--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: bebu
Date: October 7, 2024, 7:30 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Here is a suggested initial complaint to the DVLA to start the
ball rolling:
>
> [quote]Subject: Breach of KADOE Contract by Smart Parking Ltd
>
> Dear Sir/Madam,
>
> Vehicle Registration Number: [YOUR VEHICLE REGISTRATION]
> Parking Charge Reference: [PCN REFERENCE]
> POPLA Appeal Reference: [POPLA REFERENCE]
>
> I am writing to formally lodge a complaint against Smart
Parking Ltd for their blatant breaches of the KADOE contract,
which governs their access to vehicle keeper data through the
DVLA. This complaint is supported by attached evidence, which
clearly demonstrates the operator's incompetence, unprofessional
behavior, and unlawful conduct. I am aware that this is not an
isolated incident, as other motorists have raised similar
concerns about Smart Parking’s misuse of personal data. Given
the financial relationship between the DVLA and operators like
Smart Parking, I am concerned that this complaint may be
deflected to protect your income stream. However, I expect the
DVLA to address this issue transparently and fully investigate
these breaches.
>
> Key Issues:
>
> [indent]1. GDPR Breach: In their response to my POPLA appeal,
Smart Parking embedded another motorist’s POPLA appeal within
mine, including personal details completely irrelevant to my
case. This breach includes references to breastfeeding and
shopping with a 6-month-old child—information that obviously has
nothing to do with me, as I am male and have no such child. This
careless inclusion of another individual’s personal data not
only violates Article 5(1)(f) of the UK GDPR but also
demonstrates Smart Parking's incompetence and lack of
professionalism. By acting unlawfully and irresponsibly in this
manner, they have clearly violated the standards of conduct
required under the KADOE contract.
>
> 2. Tampered and Outdated Evidence: Additionally, Smart Parking
submitted signage evidence from 2017, which contains tampered
metadata, showing the “creation” date as November 2017, while
the “modified” date is May 2017. Further to this, Google Street
View from March 2023 confirms that the signage in their
submission no longer exists. This is a clear attempt to mislead
by submitting tampered and outdated evidence, which further
demonstrates their lack of professionalism and their failure to
comply with the KADOE contract’s requirements for accurate and
lawful conduct.[/indent]
>
> Escalation to BPA, ICO, and MP Involvement: In addition to
this complaint, I have escalated the matter to the British
Parking Association (BPA) and the Information Commissioner’s
Office (ICO). Evidence of these blatant breaches of the KADOE
contract, GDPR, and BPA Code of Practice will also be submitted
to these bodies. Furthermore, I will be raising these concerns
with my Member of Parliament, asking them to bring this matter
to the attention of the relevant government ministers. This is a
serious issue that warrants ministerial oversight to ensure that
the DVLA is fulfilling its obligations to protect the public’s
personal data.
>
> Action Requested: I request that the DVLA conduct a formal
investigation into Smart Parking’s conduct and provide me with a
detailed response, including the specific sanctions or actions
the DVLA intends to take regarding these violations. I expect
the DVLA to address these issues appropriately, rather than
deflecting the complaint to protect its income stream from this
lucrative operator. Given Smart Parking’s breaches of the KADOE
contract, I believe that their access to sensitive vehicle
keeper data should be reconsidered.
>
> Please find attached the relevant evidence to support my
complaint, including the tampered and outdated evidence provided
by Smart Parking and the GDPR breach in which personal data from
another motorist’s appeal was embedded in mine. I trust that
this matter will be handled with the seriousness it deserves.
>
> I look forward to your response, including a full explanation
of the actions you will take.
>
> Yours faithfully,
>
> [Your Full Name]
>
> [Your Address]
> [Your Email Address]
> [Date]: [PCN REFERENCE]
> POPLA Appeal Reference: [POPLA REFERENCE]
--- End Quote ---
[/quote]
You guys are far too kind. Words arent enough to say A HUGE
THANK YOU
#Post#: 39825--------------------------------------------------
Re: 3 hours Parking fine violation while at anlalby gym Hull
DIR By: bebu
Date: October 8, 2024, 8:01 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Here is a suggested complaint to (not so) Smart:
>
> [quote]Subject: Formal Complaint Regarding Handling of POPLA
Appeal [Case Reference]
>
> Dear Sir/Madam,
>
> Vehicle Registration Number: [YOUR VEHICLE REGISTRATION]
> Parking Charge Reference: [PCN REFERENCE]
> POPLA Appeal Reference: [POPLA REFERENCE]
>
> I am writing to formally inform you of my complaint regarding
the handling of my POPLA appeal. Given your demonstrated
incompetence and unprofessionalism, I am not seeking an
investigation but merely informing you of the reasons for this
complaint and the actions I have already taken.
>
> Key Issues:
>
> [indent]1. GDPR Breach: Your submission in response to my
POPLA appeal contained personal details from another motorist’s
appeal, referencing breastfeeding and shopping with a
6-month-old child—information that is entirely irrelevant to my
case, as I am male and do not have a 6-month-old child. This
constitutes a gross breach of Article 5(1)(f) of the UK GDPR,
and such a careless error only highlights your incompetence and
unlawful handling of personal data.
>
> 2. Tampered and Outdated Evidence: Your submission also
included signage evidence from 2017, with suspicious metadata
showing the “creation” date as November 2017 and the “modified”
date as May 2017. This, coupled with the fact that Google Street
View from March 2023 confirms that the signage no longer exists,
shows that you have submitted outdated and misleading evidence
to POPLA.[/indent]
>
> Escalation Already Initiated: As a result of these serious
failings, I have already escalated a formal complaint to the
DVLA regarding your violations of the KADOE contract.
Additionally, I will be escalating this matter to the British
Parking Association (BPA) and the Information Commissioner’s
Office (ICO) irrespective of your response. Your repeated
failures in this case demonstrate a clear lack of
professionalism and competence that needs to be addressed by
regulatory authorities.
>
> Next Steps: While I doubt you will cancel the Parking Charge
Notice (PCN) at this stage, as the appeal has already been
submitted to POPLA (a fee you have already wasted), I want to
make it clear that your position is indefensible. Should you
wish to withdraw your POPLA submission, it is already too late
to save yourselves from the consequences of your own
incompetence. You are now being held to account by your own
errors.
>
> I trust this matter will be duly noted on your side.
>
> Yours faithfully,
>
> [Your Full Name]
>
> [Your Address]
> [Your Email Address]
> [Date]
--- End Quote ---
[/quote]
I have lodge complaints to all organisations above and in my
DAFT PARKING COMPLAINT. I added this to your draft
Bear in mind, you have caused me and mine a lot of pain, time
wasted, discomfort and mental torture. Not to add all the legal
avenues/advice I have wasted hours pursing in other to remediate
the issue.
This time lost is irecoverable and costly to me
Once again, many many thanks for your kind words and helpful
advise
E
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