HX Car Park Management PCN wrong reg typed into machine

Coupon-mad

We can not rectify an error made by the user of the pay and display machine when you have shown by your pay and display ticket that you did not enter your full and valid vehicle registration.

So now see what the ICO says about what they can/cannot do, and can/cannot show.

Attach all the evidence emails back and forth, including the proof that the trader KNEW that the '06' ticket matched the payment made as that was electronically noticed on xx date, with initials next to it back in April, BEFORE any PCN was issued, so there was no difficulty at all in matching the payment.

Make that clear to the ICO, and tell them that a parking firm cannot issue a PCN purely to punish a driver, it must have a compelling legitimate interest over and above any damages, to demand such a huge sum. PE v Beavis case says so (Supreme Court).

You will have to spoon feed the ICO to an extent. They won't be as familiar with all this as we are here, seeing it every day, and they might assume that a PPC can issue a PCN for any old reason.

You need to show the data was not used fairly, and was misused with knowledge.

nosferatu1001

POint out that the mahcine requires registration NUMBER nad NUMBER only

Their issue
If they continue to harrass you on this matter with a ludicrous court claim you will issue a counterclaim for no less than £500, and will call their Data Protection Officer in as a witness.

Pjr1525

Hi ibcus. Their "Short privacy notice" was not on display at the time of your PCN, I have photos both before and after the new prominent notice was added. Regards

Ibcus

Hi Pjr, I wouldn't mind the pictures if you can upload them

Ibcus

I might send my new friend Rachel this


Good morning Rachel,


I know you may not reply to this email as you said it is in the hands of Gladstones, but as they are ignoring me I have only you to turn to.


A few points to note from your email reply.


1. The data is not incorrect, you failed to enter your full and exact vehicle registration which you have been advised in both your notice to keeper, and subsequent appeal decline


The data was incorrect, as noted by staff member EB on 6/4/2018 in the Ticket Details.pdf, sent by yourself after a subject access request , this data was known to be incorrect and should have been rectified to the appropriate vehicle in your logs with no request to DVLA for keeper details.
Staff member EB was fully aware of the data mismatch and that the payment had been made for this vehicle but chose not to act on it.


2. Entering '06' does not constitute a full and vaild vehicle registration which is required by the car park user as per the terms and conditions.


Your company cannot issue a PCN purely to punish a driver, it must have a compelling legitimate interest over and above any damages, to demand such a huge sum. PE v Beavis case says so (Supreme Court).


3. ‘you failed to enter your full and exact vehicle registration’ and ‘you did not enter your full and valid vehicle registration’


There is no assumption the registered keeper was the driver.


Kind regards,

Pjr1525

https://m.imgur.com/a/5wjv5ya Think I've done this right. The one with no privacy notice was taken on the 17/04, the other one with privacy notice, several months later. Regards

nosferatu1001

2) The signage does not require a full registration MARK
It requires a full registration NUMBER. See bullet TWO on the sign of the pay and display machine, under the heading "Conditions of Use"
THe full NUMBER was entered.
You accept this
That you have a different interpretation of "number" than the English Language does is not any concern of mine
If you contest that "VR Number" is the same as "VR Mark" then I would suggest that the term is ambiguous. The Consumer Rights Act 2015 *requires* that, in any consumer contract, any ambiguity in contract MUST be interreted in favour of the consumer, not the business. Thus, "number" still means "number", and 06 is the number

In short
You know your pay and display machine is in error
Your employee "EB" was aware the data streams did not match, and was fully aware that payment had been made

Your failure to rectify data under your control has been reported to teh ICO. I suggest you prepare your file to explain to them how you are unable to rectify "mistakes" caused by your own deficient signs.

Pjr1525

I think they're aware of this now because the new sign on the pdt machine specifies "Characters" not numbers. Also their old web site said a "digit or two" and digits are definitely numbers not letters. Both of those points together make a pretty good argument.
I also entered the full and exact number on my ticket and also threw in a couple of letters for good measure. I will definitely be highlighting that in my W/S.
I wonder if they'll now remove bullet point 2 from the conditions on the pdt machine

Pjr1525

Ibcus, check that link to see if it works, if not I'll try again. Regards.

Umkomaas

https://m.imgur.com/a/5wjv5ya

If it's two photos of the green HX signage, it still works for me. Or is it something different?