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Incomplete vrn entered

edited 18 April 2018 at 10:23AM in Parking Tickets, Fines & Parking
272 replies 16.1K views
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  • Pjr1525Pjr1525 Forumite
    148 posts
    Second Anniversary
    Thanks to you both, just waiting to see what happens now. Regards.
  • Coupon-madCoupon-mad Forumite
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    Pjr1525 wrote: »
    I only ask because HX say they have no record of the fee being taken in and kept. As I said in my previous post I still have the original ticket proving that the correct fee was paid with sufficient and substantial amount of the vrn to identify the vehicle recorded on ANPR

    I've just read a thread about a court case for wrong VRN being entered where Lamilad turned up at court to assist the defendant. Basically, and I mean basically, the judge was not concerned that the letter of the contract was not adheres to, but focused on the fact that it was the claimants responsibility to check the ANPR and ticket machine to prove or disprove that the correct fee for that vehicle ( the same fee as other cars in the car park ) had been paid and the only reason the vrn was required was to identify that the ticket matched the car on which it was displayed and the correct fee was paid.

    That is why I am going down this route. Proof of payment, which I have, and proof there was no other vehicle in that small car park at the time with anything like the same vrn. Regards.
    And did you find Lamilad's case v VCS where the Judge decided the parking firm had altered a 'tariffs paid' VRN data list from a machine, between pre-court and court evidence stage, recently?

    That was only obvious because the victim had got a VRN payments list from the machine, by asking pre-court. Then at evidence stage, the stupid PPC produced an altered version!

    Hence why you MUST ask for the list of payments made during the hour or so after your car's arrival, and tell them they can of course partially redact other VRNs, but not the one that resembles yours.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Pjr1525Pjr1525 Forumite
    148 posts
    Second Anniversary
    Many thanks, do I request that info from the ppc or Gladstones. Regards.
  • Coupon-madCoupon-mad Forumite
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    Gladys as you are dealing with them.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Pjr1525Pjr1525 Forumite
    148 posts
    Second Anniversary
    Hi, just received claim from Northampton. Reading up on Bargepole's walk through before I proceed. I will post defence for advice when I've researched the forum.

    Can I use a precedent from an identical case found on the forum where the defendant won, as part of my defence. Regards
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  • Coupon-madCoupon-mad Forumite
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    No because it creates no precedent. But do plagiarise some of their defence!

    Send the parking firm a SAR, look at this case:

    https://forums.moneysavingexpert.com/showthread.php?t=5882867&page=2

    ...do that, and do the AOS, now, THIS WEEK.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • edited 7 September 2018 at 12:09AM
    IbcusIbcus Forumite
    165 posts
    edited 7 September 2018 at 12:09AM
    maybe an interesting read, it seems HX have changed the NTK quite a lot since they sent them to you and me, same car park.

    http://forums.pepipoo.com/index.php?showtopic=120939
  • edited 7 September 2018 at 9:38PM
    Coupon-madCoupon-mad Forumite
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    edited 7 September 2018 at 9:38PM
    Ibcus wrote: »

    How about a notice of rectification then, suitably worded?

    https://forums.moneysavingexpert.com/showthread.php?p=74758441#post74758441

    A new idea that occurred to me only today in my lunch break, while reading this forum.

    In these HX cases, who knows why the keypad only uploaded to the system a partial VRN, could have been fat fingers, could have been faded or sticky keys, or could be a back office system mis-feed from keypad to data stream.

    Either way, how about a letter to HX's Data Protection Officer (DPO) along those lines, insisting the rectify what they KNOW is a data error (and their own ANPR record told them that from the outset!).

    That approach also requires them to cease processing the data whilst the rectification notice is considered and the DPO MUST carry out a check for accuracy, in a proportionate way and compare all data streams and decide 'is that data accurate'?

    AFAIK, if it is 'not accurate' they MUST rectify it within 30 days.

    Now, if people like you had a rectification notice in, then processing the data must be put 'on hold' (nothing in the GDPR about any excuse if a case is already at court, AFAIK, correct me if I am wrong).

    And if their DPO decides that the VRN data is 'accurate' - despite the fact they KNOW there is a mismatch between the 2 data streams - then there is nothing to stop you doing an immediate online complaint to the ICO that this parking firm knows there is inaccurate data, has been told x times that it is inaccurate, and their own ANPR data stream told them that it is inaccurate even before any PCN was issued.

    They also knew exactly which VRN was the correct data out of the two partial mismatches, because they used the ANPR image data stream to rely on to get the registered keeper's name & address from the DVLA - giving the DVLA the CORRECT VRN, yet blaming the consumer for their keypad inexplicably retaining only a partial match.

    So the argument is, they knew all along which data was correct and that the keypad data was inaccurate.

    And instead putting it right, because they knew that payment did not match any other car in the car park (and there was enough there to know 'on the balance of probabilities' that it related to your car) they used the data mismatch to blame the paying patron, and profit from them a hundredfold.

    And in the complaint in a month's time, you would be telling the ICO that this firm has now been served with a rectification notice to put it right and has still refused, on the disproportionate and wholly unreasonable excuse that they are using their own system data mismatch (howsoever caused - no proof if it was 'driver error' or 'keypad/system error') to sue you...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • Pjr1525Pjr1525 Forumite
    148 posts
    Second Anniversary
    Wow! Coupon m. I shall send my aos this week. I will also spend this weekend composing a letter to the data controller of HX along the lines recommended in your post. Many thanks for that suggestion. Regards
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