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#Post#: 34372--------------------------------------------------
PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 23, 2024, 11:45 am
---------------------------------------------------------
I have received a PCN of £100 from "Smart Parking Ltd" addressed
to me and sent to my address for overstaying at a car park in
Hereford on 19/08/2024. The written reg on the paper is mine,
but the images they've taken shows a reg that is not mine (but
is somewhat close) and has a picture of what seems to be a Ford
SUV which I do not own, mine is an Audi hatchback.
To be clear, I have never been to the car park in question, they
seem to have misread the registration (mine is XK69 XXX and the
reg of the image they've taken is XC59 XXX), so I thought it
would be as easy as calling them and telling them they have the
wrong person/car and to please stop contacting me and delete my
personal details from their system, but the person on the line
told me I would need to fill out their appeals form online to
get them to "consider my appeal". The person on the line was
extremely rude and unhelpful and tried to prod me into just
paying the fine as the "easiest option for me and would be the
cheaper £60 option right now" but I refused, is it best to fill
out all my personal details on their online appeals form or
should I send them a letter? I could use some advice, thank you
in advance.
#Post#: 34376--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: DWMB2
Date: August 23, 2024, 12:04 pm
---------------------------------------------------------
As a general rule, where there is a dispute over money,
corresponding in writing is generally preferable to by phone, as
you have a record of exactly what has been discussed.
I would ordinarily recommend pointing the misread out but as
this is Smart Parking, the quickest way is probably a template
appeal. Can you show us the notice you have received?
It will almost certainly not meet the requirements to hold the
registered keeper liable, and if you appeal as the registered
keeper with the below, they will almost certainly cancel the
charge.
[indent] Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
There is no obligation for me to name the driver and I will not
be doing so. I am therefore unable to help you further with this
matter, and look forward to your confirmation that the charge
has been cancelled. If you choose to decline this appeal, you
must issue a POPLA code.
Yours,[/indent]
Do please show us the notice before you appeal, I don't like
recommending an appeal without double checking it is
appropriate. You'll need to use a third party site like Imgur to
upload the notice.
You could if you wish add a line into that appeal before the
main point, pointing out that it is not your vehicle and their
faulty ANPR has led to them accessing your details without
reasonable cause.
#Post#: 34390--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: August 23, 2024, 1:10 pm
---------------------------------------------------------
You can also threaten them with a lawsuit for damages as they
have illegally obtained your personal data in breach of the
KADOE contract. By failing to perform a manual quality control
check on the ANPR photographic evidence, they are in breach of
their AOS Code of Practice which nullifies their KADOE contract.
Threaten to sue them for £250 for breaching your GDPR and tell
them you’ll accept £100 if they are prepared to settle within 14
days of receipt of the letter.
--- Quote ---
> Article 12 of the UK GDPR legally requires data controllers to
store and process personal data accurately: clearly, any data
controller issuing an invoice to you because it has wrongly
recorded that you parked in breach of the alleged contract
between you and the landowner (or, as in this case, an agent of
the landowner) is processing your personal data unlawfully.
>
> The precedents for claiming damages and compensation for such
unlawful processing are the decisions of the Court of Appeal in
Zeta Jones & Douglas v Hello! Magazine [2003] EWHC 786 and
Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ
333, both being binding on all County Courts in England and
Wales. In the latter claim, Mr Halliday was awarded
compensation of £750 at what the Court regarded was the lowest
level of award, and although this was a claim under Section 13
of the Data Protection Act 1998, similar provisions - amended to
take account of a decision by the EU Grand Chamber that the 1998
Act did not properly implement EU law into UK domestic
legislation - replaced the old Section 13 provisions with
Article 12 of the UK GDPR and Section 168 of the Data Protection
Act 2018.
>
> In short, you ought to give 21 days notice (the pre-action
protocol only really requires 14 days but hey, you can be
charitable!) to the data controller of your intention to seek
(say) £100 nominal damages and compensation under Article 12 of
the UK GDPR and Section 168 of the Data Protection Act 2018 for
their unlawful processing of your personal data: you could say
that you will not file your claim with the County Court if they
confirm in writing that all references to this alleged debt have
been deleted within (say) 14 days. Clearly mark your letter as a
"Letter before County Court proceedings".
>
> Anyone who is fairly confident can claim as a
litigant-in-person in Part 27 proceedings in the County Court
(commonly but wrongly described as "the Small Claims Court").
Each party is responsible for their own legal costs whether they
win or lose and the claim for £100 can be issued online for a
fee of £35 at moneyclaimonline.gov.uk which also gives useful
advice if you want to have a look at what is involved. Your
claim will automatically be listed as being for a total of £135,
i.e. the successful party gets their Court fees back.
--- End Quote ---
#Post#: 34392--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 23, 2024, 1:18 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> As a general rule, where there is a dispute over money,
corresponding in writing is generally preferable to by phone, as
you have a record of exactly what has been discussed.
>
> I would ordinarily recommend pointing the misread out but as
this is Smart Parking, the quickest way is probably a template
appeal. Can you show us the notice you have received?
>
> It will almost certainly not meet the requirements to hold the
registered keeper liable, and if you appeal as the registered
keeper with the below, they will almost certainly cancel the
charge.
>
> [indent] Dear Sirs,
>
> I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
>
> There is no obligation for me to name the driver and I will
not be doing so. I am therefore unable to help you further with
this matter, and look forward to your confirmation that the
charge has been cancelled. If you choose to decline this appeal,
you must issue a POPLA code.
>
> Yours,[/indent]
>
> Do please show us the notice before you appeal, I don't like
recommending an appeal without double checking it is
appropriate. You'll need to use a third party site like Imgur to
upload the notice.
>
> You could if you wish add a line into that appeal before the
main point, pointing out that it is not your vehicle and their
faulty ANPR has led to them accessing your details without
reasonable cause.
>
--- End Quote ---
Thank you so much for your fast and friendly response! I have
uploading the letter below- sorry it took me a moment.
HTML https://i.imgur.com/sLc7jKP.jpeg
HTML https://i.imgur.com/5YAWiHw.jpeg
#Post#: 34393--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 23, 2024, 1:20 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> You can also threaten them with a lawsuit for damages as they
have illegally obtained your personal data in breach of the
KADOE contract. By failing to perform a manual quality control
check on the ANPR photographic evidence, they are in breach of
their AOS Code of Practice which nullifies their KADOE contract.
>
> Threaten to sue them for £250 for breaching your GDPR and tell
them you’ll accept £100 if they are prepared to settle within 14
days of receipt of the letter.
>
> [quote]Article 12 of the UK GDPR legally requires data
controllers to store and process personal data accurately:
clearly, any data controller issuing an invoice to you because
it has wrongly recorded that you parked in breach of the alleged
contract between you and the landowner (or, as in this case, an
agent of the landowner) is processing your personal data
unlawfully.
>
> The precedents for claiming damages and compensation for such
unlawful processing are the decisions of the Court of Appeal in
Zeta Jones & Douglas v Hello! Magazine [2003] EWHC 786 and
Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ
333, both being binding on all County Courts in England and
Wales. In the latter claim, Mr Halliday was awarded
compensation of £750 at what the Court regarded was the lowest
level of award, and although this was a claim under Section 13
of the Data Protection Act 1998, similar provisions - amended to
take account of a decision by the EU Grand Chamber that the 1998
Act did not properly implement EU law into UK domestic
legislation - replaced the old Section 13 provisions with
Article 12 of the UK GDPR and Section 168 of the Data Protection
Act 2018.
>
> In short, you ought to give 21 days notice (the pre-action
protocol only really requires 14 days but hey, you can be
charitable!) to the data controller of your intention to seek
(say) £100 nominal damages and compensation under Article 12 of
the UK GDPR and Section 168 of the Data Protection Act 2018 for
their unlawful processing of your personal data: you could say
that you will not file your claim with the County Court if they
confirm in writing that all references to this alleged debt have
been deleted within (say) 14 days. Clearly mark your letter as a
"Letter before County Court proceedings".
>
> Anyone who is fairly confident can claim as a
litigant-in-person in Part 27 proceedings in the County Court
(commonly but wrongly described as "the Small Claims Court").
Each party is responsible for their own legal costs whether they
win or lose and the claim for £100 can be issued online for a
fee of £35 at moneyclaimonline.gov.uk which also gives useful
advice if you want to have a look at what is involved. Your
claim will automatically be listed as being for a total of £135,
i.e. the successful party gets their Court fees back.
--- End Quote ---
[/quote]
Thank you also! Would adding this create any more of an issue?
It would be nice to be compensated for the stress they've
caused, but I don't want prolong the issue further and just be
done with it.
I appreciate your message very much.
#Post#: 34395--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: DWMB2
Date: August 23, 2024, 1:33 pm
---------------------------------------------------------
Notice looks as expected.
Whether you decide to sue them or not is your call, it's your
personal data and your time.
Out of interest, how clear are the images of the plate on the
notice? I'm asking to rule out the possibility that your plates
have been cloned, which is rare but does happen.
#Post#: 34396--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 23, 2024, 1:37 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> Notice looks as expected.
>
> Whether you decide to sue them or not is your call, it's your
personal data and your time.
>
> Out of interest, how clear are the images of the plate on the
notice? I'm asking to rule out the possibility that your plates
have been cloned, which is rare but does happen.
>
--- End Quote ---
Thank you.
The plate is quite clear, I also thought my plates may have been
cloned when I first saw the letter but it is not mine, it does
seem to just have been read incorrectly. The "5" is especially
very clear on their photo, where as on my plate it is a "6".
#Post#: 34403--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: b789
Date: August 23, 2024, 2:10 pm
---------------------------------------------------------
It is your GDPR that has been breached. You will not be paying a
penny to (not so) Smart. You have a valid claim for compensation
and damages for breach of GDPR.
If you’re happy to simply let Smart off the hook, your choice.
Personally, I would not be so formal in my appeal and I would
highlight why they cannot pursue the keeper under any assumption
they were also the driver.
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Smart Parking has relied on contract law
allegations of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
Smart have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 34411--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: DWMB2
Date: August 23, 2024, 2:45 pm
---------------------------------------------------------
Any appeal that makes mention of the fact they don't bother with
PoFA will see them cancel.
#Post#: 34426--------------------------------------------------
Re: PCN addressed to me for somewhere I have never been, car in
images is not mine - Smart Parking Ltd
DIR By: strawberrydoll
Date: August 23, 2024, 5:25 pm
---------------------------------------------------------
I have to say I feel like I'm out of my depth a little, but why
not give it a shot? Here's the template I've written
--- Quote ---
>
> Letter before County Court proceedings
>
> Dear Sirs,
> I have received your Parking Charge Notice (Ref: XXXXXXXXX)
for vehicle registration mark XXXX XXX, in which you allege that
the driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
>
> There is no obligation for me to name the driver and I will
not be doing so. I am therefore unable to help you further with
this matter, and look forward to your confirmation that the
charge has been cancelled. If you choose to decline this appeal,
you must issue a POPLA code.
>
> Furthermore, you have unlawfully obtained my personal data
from The DVLA which, as a start, is in breach of your KADOE
contract. I have never entered your car park and by failing to
perform a manual quality control check on the ANPR photographic
evidence, you are in breach of their AOS Code of Practice 22.2
which nullifies your KADOE contract. I intend to submit a record
of this incident to the Information Commissioner's Office, DVLA
and KADOE, as you have threatened a parking charge to the
incorrect address and vehicle, failing to review that the car in
your photo has the registration mark “XXXX XXX”, a BLUE FORD and
you have sent your parking charge letter using the personal
details unlawfully obtained for the registered keeper of the
mark “XXXX XXX”, a BLACK AUDI, myself.
>
> I am seeking £250 nominal damages and compensation under
Article 12 of the UK GDPR and Section 168 of the Data Protection
Act 2018 for your unlawful processing of my personal data. I am
willing to accept a payment of £100 if a) the amount is settled
within 14 days of the receipt of this letter and b) all of
personal data and any copies are swiftly and permanently removed
from your systems within the next 14 days. Please make a valid,
current cheque payable to [my name] for the above amount. I
intend to start County Court proceedings if this request is
ignored, and you may be further liable to Court costs.
>
> Yours,
> [my name]
>
--- End Quote ---
I'll post it out on Monday and keep you both updated. Thanks so
much for all the help!
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