***Private parking fine*** Should driver pay QDR solicitors or wait till it goes to court?

Ibroo

Hi again, I have managed to get something written down, its a lot of copying and trying to present a clear explanation of the situation. Really not sure how much actually needs to be there or if I've gone off the track a little.


Dear Sirs,



I am writing to request ELITE MANAGEMENT (MIDLANDS) LTD immediately cancel the issued parking charge to myself the registered keeper, who was not the driver on the date of 23.06.2018 when the services of your car park were used, of vrn ****** unless you can confirm with factual evidence contrary to the points further below.

The driver of the vehicle mentioned above has made genuine attempts to purchase a ticket via an accepted and confirmed method of contactless card payment.

The driver has followed strict instructions directed by the machine during the purchase of a ticket and has attempted payment at the point of request.

Having followed the instructions printed on your ticket machine for contactless payment, the driver of the vehicle in question had patiently waited for a ticket and has advised me that your machine gave the following message...“transaction finished.”

Your machine went on to make clunking noises (as if to produce a ticket) but no parking ticket produced. The driver is therefore not at fault to safely assume payment was taken and the machines ticket printer was faulty and therefore entitled to his or her stay.

Luckily, whilst the machine was processing the driver’s sensitive payment data they had the presence of mind to take photo evidence of the machine confirming transaction finished and call in progress. These photos are time stamped and can be provided upon request.
Furthermore, I find it enormously concerning that driver contactless details were taken by your machine for the sole purpose of payment yet nothing has been taken from their bank account. You appear to have lost the drivers collected and verified card data.
Since ELITE's machine displayed an unequivocal message that the transaction was complete (for which the driver has photo evidence), it is absolutely fair to assume the drivers contactless card payment was accepted. If ELITE MANAGEMENT (MIDLANDS) LTD disagree, and would like to argue driver was at fault, then I would like to challenge the machine used in your car park and its flawed display messages.

At no point did your machine confirm to the driver their card transaction had failed or please try again.

It seems to me that ELITE MANAGEMENT (MIDLANDS) LTD is potentially in breach of:
The Consumer Protection from Unfair Trading Regulations 2008
6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—

(a)the commercial practice omits material information,

(b)the commercial practice hides material information,

(c)the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or

(d)the commercial practice fails to identify its commercial intent, unless this is already apparent from the context,

and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

I believe the issue of a PCN has been generated due to a failure in the contactless payment data processing on ELITE MANAGEMENT (MIDLANDS) LTD’s part, and this is not the fault of the paying customer. This is undoubtedly a serious matter for the ICO to consider.

Failure by ELITE MANAGEMENT (MIDLANDS) LTD to assume responsibility to put right the error will be reported to the ICO without delay, should you refuse this rectification notice.


I demand that you immediately notify your Debt Recovery associates to end or place on hold, till you clarify matters, their underhanded and relentless endeavor to harass me into paying an over inflated and unjustified fine through what I would describe as noting less than immensely threatening measures. I would also expect ELITE MANAGEMENT (MIDLANDS) LTD to cease/restrict all processing of my data whilst you investigate the failure of the secure processing of vital contactless card data. I expect to be reassured with evidence that the driver's card details were not 'lost' into a data black hole and were not put at risk by the data failure.

I require a reply from your Data Protection Officer within 30 days, and I wish to exercise my right to cease/put 'on hold' any planned legal action because you are now legally barred from processing my data, and so QDR Solicitors or any other agents acting on your behalf.

Coupon-mad

You are not asking for it to be cancelled, the start sounds like an appeal. Not right.

The start needs to say 'This is a Rectification Notice issued pursuant to my data subject rights in the GDPR' and carry on ONLY in that vein. Demanding that their DPO rectifies the data processing error, or you will report them to the ICO for losing contactless card data/payments.

Ibroo

I've decided to involve the driver as the data collected is theirs. Can they send the following or will it need to come from me?
I've really appreciated your help on this coupon-mad. Would never have had the clout to construct something like this.


Dear Sirs,

This is a rectification notice issued pursuant to my data subject right in the GDPR. I the driver of vehicle Registration Number ****** who used the services of your car park on the date of 00/00/00 demand that your DPO rectifies the data processing error whereby your ticket machine seems to have lost my highly sensitive contactless card details.

As a paying customer, I had followed strict instructions directed by your ticket machine to purchase a ticket by using an approved method of contactless card payment.

Your machine failed to produce a ticket despite confirming transaction of payment. It is by pure luck that I had the presence of mind to take photographs of my genuine efforts to purchase a ticket. I have time stamped photo evidence of the machine confirming call in progress whilst my personal and highly sensitive payment data was being collected and transaction finished indicating my payment had been taken.

Since ELITE's machine displayed an unequivocal message that the transaction was complete, I believe the issue of a PCN has been incorrectly and unfairly generated due to a failure in the contactless payment data processing on ELITE MANAGEMENT (MIDLANDS) LTD’s part. This will not be accepted as the fault of the paying customer.

I find it enormously concerning that my contactless details were taken by your machine for the sole purpose of payment yet nothing has been taken from my bank account. You appear to have lost my card details, the very same details your machine collected and verified.

If ELITE MANAGEMENT (MIDLANDS) LTD disagree, and would like to argue driver was at fault, then I would like to challenge the machine used in your car park and its misleading display messages. At no point did your machine confirm the card transaction had failed or please try again.



It seems to me that ELITE MANAGEMENT (MIDLANDS) LTD is potentially in breach of all points below:

The Consumer Protection, from Unfair Trading Regulations 2008

6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—

(a)the commercial practice omits material information,

(b)the commercial practice hides material information,

(c)the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or

(d)the commercial practice fails to identify its commercial intent, unless this is already apparent from the context,

and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

The whereabouts of my card data is undoubtedly a serious matter for the ICO to consider, therefore; Failure by ELITE MANAGEMENT (MIDLANDS) LTD to assume responsibility to put right the error will be reported to the ICO without delay.


I demand that you immediately notify your Debt Recovery associates to end or place on hold their underhanded and relentless endeavor to harass me into paying the unjustified and over inflated fine, through what I would describe as noting less than immensely threatening measures, whilst you investigate into your failure of securely processing my vital contactless card data. I expect to be reassured with evidence that my card details were not 'lost' into a data black hole and were not put at risk by data collection failure.



I require a reply from your Data Protection Officer within 30 days, and I wish to exercise my right to cease/put 'on hold' any planned legal action because you are now legally barred from processing my data, and so ZZPS, QDR Solicitors or any other agents acting on your behalf.

Umkomaas

I've decided to involve the driver as the data collected is theirs. Can they send the following or will it need to come from me?

Who are Elite/ZZPS/QDR actually chasing?

Ibroo

The registered keeper

Umkomaas

Ibroo wrote: »

The registered keeper

I guessed that! So is that you?

KeithP

Ibroo wrote: »

I've decided to involve the driver...

Despite it being suggested twice in post #11 that it wasn't a good idea:

Coupon-mad wrote: »

You just need to write the above in your own words (without saying who was driving, unless that's already been blabbed earlier?)...

Coupon-mad wrote: »

Show us your draft Rectification Notice, written like the example but with details making sense for your case, and NOT saying who was driving...

Coupon-mad

Don't say who the driver was.

Dear Sirs,

This is a rectification notice issued pursuant to my data subject rights under the GDPR.

The registered keeper of vehicle Registration Number ****** has informed me that you or your payment agents have managed to lose my personal data. I was an occupant of the car on the material date relating to PCN xxxxxxxx and whilst the driver will not be identified, I was the person with a contactless card so I made a payment using your machine, for the above vehicle's stay, yet your ticket machine seems to have lost my highly sensitive contactless card details.

I demand that your DPO rectifies the data processing error and identifies what you have done with my card payment which was confirmed as successful by the machine.

etc..

Ibroo

Noted thanks, before I send this over to Elite management does it matter if the driver was alone at the time?
Also if this does go to court the keeper does not want to be involved and wants driver to take full responsibility and go to court if it does end up that way. The keeper is my wife and the driver is a family member.

beamerguy

Ibroo wrote: »

Noted thanks, before I send this over to Elite management does it matter if the driver was alone at the time?
Also if this does go to court the keeper does not want to be involved and wants driver to take full responsibility and go to court if it does end up that way. The keeper is my wife and the driver is a family member.

You guys need to have a family pow wow

It's your family V the scammer