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#Post#: 8830--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: cferg
Date: October 31, 2023, 11:53 am
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Hey guys,
Thanks again for the responses. So i received a pretty quick
response RE my data request and they've sent me a pack. They
haven't included any e-mails within which i requested. The
wording to my request was 'I am looking for any e-mails, letters
and any other correspondence that has been sent/stored using my
name, vehicle registration and address'. So i should have
received e-mails as well?
The DPA response e-mail lead with the following statement:
'Further to your request for a Subject Access Request, I have
attached the report, please note that the address
including Post Code have been supplied by DVLA, if the
information is incorrect, the onus is on you to ensure
DVLA have the correct details on record.'
The data request form they sent afterwards however shows that
they have 2 sources for my details - initial details taken from
DVLA website, and the second batch (which includes my e-mail
address and contact number) from the appeals website. This has
recorded the correct first line and town, but the post code is
incorrect. Someone at some point has clearly noticed the post
code was faulty and amended it, as i have received a letter
which has the postcode crossed off and the correct one written
down next to it on the letter paper.
I've had no texts/e-mails from them to say that my appeal was
unsuccessful and they haven't provided any from the data
request.
I'm not sure how to proceed from here. Should i make a payment
of £100 previously suggested? Or would i have a case to have
that reduced to £60 which i would have been able to do had i
received the letter in time. Any advice appreciated.
Happy to upload redacted docs if this is more helpful and I've
missed anything
Thanks again guys
#Post#: 8955--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: DWMB2
Date: November 1, 2023, 5:58 pm
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--- Quote from: cferg link ---
>
> So i should have received e-mails as well?
>
--- End Quote ---
You should have received all personal data they hold on you - so
in theory yes. You can complain about this if you're so minded,
although it doesn't on its own affect your liability for any
parking charges.
--- Quote from: cferg link ---
> I'm not sure how to proceed from here. Should i make a payment
of £100 previously suggested? Or would i have a case to have
that reduced to £60 which i would have been able to do had i
received the letter in time. Any advice appreciated.
--- End Quote ---
If you're looking to make any 'Without prejudice save as to
costs' offers then you can offer whatever you like - they're
unlikely to accept £60, but there's probably little to lose by
trying and then upping to £100 if they refuse.
#Post#: 9077--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: cferg
Date: November 2, 2023, 7:59 pm
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Thanks for the advice. I'm gonna send another data request to
them and include the offer in the text. I'll see how at it goes.
I may have to just concede and pay the 170 but worth a shot as
you say.
Thanks again for the help and advice.
#Post#: 9663--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: cferg
Date: November 9, 2023, 8:26 am
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Afternoon all,
So quick update - they've responded to my further DPA request
but not included everything i requested which is fine. But just
going through the docs again, i note that they've provided 2
proof of postages for the initial notice and for the letter
charging me £160 threatening debt collectors. They've provided
me with no proof of postage for the rejection of my appeal and
no e-mails either which looks like a bit of a win for me?
The response they've given to me suggest they never read the
issue i raised and seem to think i'm disputing the ticket (which
i'm not - the issue is the payment amount and no response to my
appeal).
I've attached an excerpt of the response at the top of the SAR -
which i have 2 issues with:
1 - All the letters they supposedly sent following the initial
notification uses the address i provided on the appeals website,
however they put down the wrong postcode. So either they're
downright lying or just ignorant
2 - all the of the PCNs were delivered correctly with the
details obtained through the DVLA - again, this was never an
issue, it was all the correspondence following my appeal which i
never received.
Not that this may mean anything, but it annoyed me and i wanted
to moan about it!
I've called the debt recovery agency to update the postcode, as
i can't get a hold of GxS. They've told me the case is now with
BW Legal. I've not received anything from them so far. Not sure
what avenues are available to me now. I've submitted a complaint
to the IPA, but think i should maybe speak to a legal advisor
regarding this situation. I have all the letters, e-mails thus
far, and think i have a strong enough case? Does anyone know a
good legal advisor / solicitor (someone who i could speak to
over the phone preferably? (Cheaper the better) :)
Thanks again for your help thus far
#Post#: 9674--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: H C Andersen
Date: November 9, 2023, 11:08 am
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and think i have a strong enough case?
As others have referred...a case for what?
Complaint to GXS's Accredited Trade Association, probably.
Perhaps the ICO.
But not the court which is the next procedural step. The court
is only interested in the law as it applies to contracts and
judicial procedure which IMO the other issues are not.
What is your end game e.g. pay the parking charge, at whatever
level, defend their action in court etc?
#Post#: 9675--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: DWMB2
Date: November 9, 2023, 11:12 am
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--- Quote ---
> Does anyone know a good legal advisor / solicitor (someone who
i could speak to over the phone preferably? (Cheaper the better)
--- End Quote ---
I don't personally know any. It's not an area many solicitors
will be likely to have much expertise in (beyond expertise in
contract law, which applies to this of course), as it's
comparatively rare for people to instruct them on private
parking matters, due to the usually small amounts of money at
stake.
I'd be surprised if you found one that charged less than the
cost of the charge as it currently stands.
As Hcandersen asks, what's your aim here, to negotiate a
settlement or defend the claim?
#Post#: 9680--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: cferg
Date: November 9, 2023, 12:01 pm
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A case to pay the £60 i would have been eligible for had i
received the appeal rejection letter?
Surely i have some right given the fact i was never informed of
the decision of my appeal or they could charge me anything?
#Post#: 9688--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: DWMB2
Date: November 9, 2023, 12:40 pm
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Just to check a couple of things, can you show us:
- The original parking charge notice (both pages)
- The response they claim to have sent (included in your SAR),
including any dates on there
Also, just to check, your SAR should include a copy of the
appeal you submitted, have you checked that you definitely
provided the correct postcode in there?
#Post#: 9690--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: cferg
Date: November 9, 2023, 1:01 pm
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I've attached the SAR request here as it contains all the
letters within. I've redacted all the personal data so none
should be there. on the second page, i've left the town and the
last 2 letters of the postcode (which are the same) nothing
within the pack has my postcode. I can't get back onto the
webpage where i appealed to check the details I've left as it's
not available.
It should be in chronological order from bottom to top - bottom
being the initial notice.
Thanks again
[attachment deleted by admin]
#Post#: 9692--------------------------------------------------
Re: Private parking invoice GxS Southwick
DIR By: DWMB2
Date: November 9, 2023, 1:22 pm
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So, to clarify:
- Your DVLA address at the time was in Worthing, and the last 2
characters in that postcode are "JG"?
- Your current address, that you provided them in your appeal,
in in Worthing, and the last two characters of that postcode are
also "JG"?
If the answer to Q2 is 'no', then what address is shown on the
appeal on page 16?
If you're trying to negotiate payment, I'm struggling to see a
scenario where you end up paying just £60. You can make an offer
to the parking company to settle for £60, but if they decline,
your options are to negotiate upwards, or go to court, where
even if the judge agreed it should have been £60, it'll cost
more than that with the limited fees for the case.
All of the above is assuming you don't run a defence against the
whole charge, although so far we haven't seen much that would
suggest a good one.
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