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#Post#: 34535--------------------------------------------------
Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: FTLAUser1
Date: August 25, 2024, 12:10 pm
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*Posting again with Imgur link and further details*
HTML https://imgur.com/a/kk9uC5V
Hello FTLA,
Received Horizon notice for failing to pay for parking.
This is at a hotel car park. Guests of hotel.
Horizon's evidence shown of entering the car park and leaving
the car park hours later.
However, the car entered the car park and immediately left. The
car park only has approximately 20 spaces.Car arrived at 1:34
and left at 1:34.
Parked on the council owned street that night. This was free
parking. We didn't take pictures or have evidence of parking
there.
Picture 2 on the notice shows the car re-entering the car park
the next morning, not leaving as the notice says. This was paid
for and sent as part of evidence.
How do we get Horizon to understand that they've captured two
separate sessions? Did not park at 1am.
1. Entered car park, no spaces available. Immediately left.
2. Entered car park, parked and paid. Have payment confirmation.
Horizon have rejected initial appeal. Their response is on the
imgur link. As requested in my previous link unfortunately I
didn't save my initial appeal, so I am not sure if I identified
the driver. Travelodge doesn't have a freephone number or email
address for me to contact.
Hotel location here:
HTML https://maps.app.goo.gl/Uv5H7BjzqZR18Cn77<br
/>and here:
HTML https://maps.app.goo.gl/duP6tVFcYLhNA32h7
Would like to know how to prepare my POPLA appeal. Also, if
anyone has an email address for Travelodge that would be greatly
appreciated.
Thank you,
#Post#: 34555--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: b789
Date: August 25, 2024, 3:39 pm
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What you’ve shown us is not an appeal rejection but a request
for more information about your stay at the hotel. When the
appeal is rejected, you will receive a POPLA code.
The keeper is a victim of what is known as a “double dip” where
the second and third images are missing. This should be
complained about as they have obviously not carried out the
required manual quality control check of the ANPR images.
By failing to carry out the required manual checks for the
“orphan images” they have breached their AOS Code of Practice
(CoP) which therefore invalidates their KADOE contract and they
have obtained the keepers data unlawfully. This breach of the
keepers GDPR should be highlighted and a claim for compensation
under the Data Protection Act 2018 is fully justified.
Whilst the NtK does not fully comply with all the requirements
of PoFA, which means that the keeper cannot be liable for the
charge, if the keeper has identified the driver, that useful
protection is out th pe window.
The keeper should immediately complain to Horizon, not appeal,
and complain that the have breached their AOS CoP, namely
section 21.5a, by having failed to perform the manual quality
control checks on their ANPR images as this is clearly a case of
“double dipping” and they should search for the “orphan images”
which will show that the driver did not breach any contractual
terms.
By having breached their own ATA CoP, they have also breached
their KADOE contract and obtained the keepers data unlawfully.
By breaching the keepers GDPR, they have caused unnecessary
stress and anxiety and the keeper is entitled to compensation
under the data Protection Act 2018.
Let them know that you expect compensation for their GDPR breach
and should they fail to make an offer, you are prepared to make
a claim against them.
Just to give you an idea about this, have a read:
--- 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#: 34640--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: FTLAUser1
Date: August 26, 2024, 4:04 pm
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Thank you for the advice.
I have sent in further information.
I will update this thread when they respond
#Post#: 34642--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: DWMB2
Date: August 26, 2024, 4:43 pm
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--- Quote from: FTLAUser1 link ---
>
> I have sent in further information.
>
--- End Quote ---
What, exactly, have you sent?
#Post#: 34649--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: b789
Date: August 26, 2024, 5:47 pm
---------------------------------------------------------
In the article I provided above, there were a few out of date
and incorrect references. I have now corrected the inaccuracies
and updated the article:
--- Quote ---
> Article 5(1)(d) of the UK GDPR legally requires data
controllers to store and process personal data accurately. If a
data controller, such as a private parking company, unlawfully
obtains the keeper's data from the DVLA and issues an invoice
based on inaccurate information, claiming you parked in breach
of an alleged contract with the landowner (or their agent), this
constitutes processing your personal data inaccurately and
unlawfully under the UK GDPR.
>
> The precedents for claiming damages and compensation for such
unlawful processing of personal data can be found in cases like
Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333,
where the court awarded compensation for distress caused by the
inaccurate processing of personal data under the Data Protection
Act 1998. Although this case was decided under the old law,
similar principles apply under the UK GDPR and the Data
Protection Act 2018. Under Article 82 of the UK GDPR and Section
168 of the Data Protection Act 2018, individuals have the right
to compensation if they suffer material or non-material damage
because of a breach of data protection laws.
>
> Additionally, the case of Vidal-Hall v Google Inc [2015] EWCA
Civ 311 confirmed that claimants could recover compensation for
distress alone under the Data Protection Act 1998, a principle
now similarly recognised under the GDPR. This means that even if
you have not suffered tangible financial loss, you may still be
entitled to compensation for distress caused by the unlawful
processing of your data.
>
> Moreover, in Tetragon Financial Group Limited v Revenue and
Customs Commissioners [2020] UKUT 0305 (TCC), the court
reiterated the importance of accurate data handling by public
bodies. This principle can be applied here, as the DVLA, a
public body, must ensure that any data it provides to third
parties, such as private parking companies, is used lawfully and
accurately. If a private parking company unlawfully obtained
your data from the DVLA and processed it inaccurately, you have
grounds to seek compensation.
>
> To seek compensation for the unlawful processing of your
personal data, you should provide 21 days’ notice (the
pre-action protocol typically requires 14 days, but a longer
notice can show goodwill) to the data controller, in this case,
the private parking company, of your intention to claim damages.
You might claim £100 for nominal damages under Article 82 of the
UK GDPR and Section 168 of the Data Protection Act 2018. This
notice should clearly state that you will file a claim with the
County Court if they do not confirm in writing that all
references to this alleged debt have been deleted within 14
days. Be sure to mark your letter as a "Letter before County
Court proceedings."
>
> As a litigant-in-person, you can file your claim under Part 27
proceedings in the County Court (often referred to as the "Small
Claims Court"). Each party is responsible for their own legal
costs, regardless of the outcome, and the claim can be filed
online for a fee of £35 via the Money Claim Online service
(moneyclaimonline.gov.uk). The successful party can recover
their court fees, making the total claim amount £135.
--- End Quote ---
#Post#: 34669--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: The Rookie
Date: August 27, 2024, 4:31 am
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--- Quote from: FTLAUser1 link ---
>
> Travelodge doesn't have a freephone number or email address
for me to contact.
>
--- End Quote ---
Well as a phone call won't cost you anywhere near the £60 they
are presumable claiming it seems paying to call is a good
investment?
Plan A (landowner cancellation) is always a good plan.
#Post#: 34674--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: DWMB2
Date: August 27, 2024, 4:52 am
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020 3368 6674 is the non-087 number for Travelodge customer
service. That said, writing may be better if you can find an
email address.
#Post#: 34678--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: H C Andersen
Date: August 27, 2024, 5:35 am
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OP, just trying to be clear.
The first photo in the PCN(unreadable) shows your car going
which way i.e. in or out?
According to you the second photo shows the car going in to the
car park. Irrespective of everything else, if the second photo
shows the car going in then it cannot represent evidence of the
period the car was on site, can it.
Furthermore, the creditor's claim is that the breach occurred at
the time of the second photo, which shows the car going in which
means that it must have exited after the first photo and before
the second, so 9.12 is rubbish evidentially.
The first question which an assessor deals with is did a breach
occur and is a parking charge owing based upon the evidence? I
suggest you focus on this and leave GDPR matters alone. After
all, they're predicated on the evidence being faulty, so why
bother with a non-core ramification when the issue at hand is to
use this flaw to successfully challenge the parking charge.
#Post#: 35591--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: FTLAUser1
Date: September 4, 2024, 6:53 am
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Good afternoon all,
Thank you for your help with this.
The penalty has been cancelled!
I had provided Horizon with our hotel booking and reiterated the
doubled dipping point.
They provided the below response.
Thank you,
Thank you for your recent correspondence regarding the above
Parking Charge Notice, which we have reviewed.
I can confirm as a gesture of goodwill the Parking Charge Notice
has now been cancelled and no further action will be taken in
this matter.
Please be advised, Travelodge Bournemouth Seafront is a guest
only car park, please ensure both payment & registration inside
the hotel are made on future visits to ensure further Parking
Charges are not incurred.
Please note further Parking Charge may not be cancelled.
Please note that once the Parking Charge Notice is cancelled the
contact details are removed from the Parking Charge Notice and
will not be retained for any purpose or shared with third
parties. We are, however, required to retain images and appeal
correspondence for a period of 2 years by DVLA and the BPA and
are not therefore able to delete these from our system. You can
review our privacy policy at
HTML https://horizonparking.co.uk/privacy-policy/
or you can request
that a copy is sent to you in the post by contacting us at the
address below, if you have any queries regarding your data.
Yours sincerely,
Horizon Parking
#Post#: 35593--------------------------------------------------
Re: Horizon Notice at Bournemouth Hotel - Did Not Park
DIR By: b789
Date: September 4, 2024, 7:00 am
---------------------------------------------------------
--- Quote from: FTLAUser1 link ---
>
>
> I can confirm as a gesture of goodwill the Parking Charge
Notice has now been cancelled and no further action will be
taken in this matter.
--- End Quote ---
They would say that wouldn't they? They know full well that they
are liable for breaching your GDPR and are hoping that you are
too gullible to know otherwise and are just happy that the PCN
has been cancelled.
As I stated earlier, you are perfectly within your rights to sue
for damages under the Data Protection Act 2018. You should also
make a complaint to the ICO but you will need to complain to
Horizons DPO first. They are also stating that they will keep
your data for two years. If the data was obtained unlawfully (it
was), they should delete that data.
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