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Hospital parking charge

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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    If you haven't confirmed who the driver is how do they know?
  • Umkomaas
    Umkomaas Posts: 43,890 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sorry all, another question. I am going to send in a further appeal letter to Gemini using the template on NEWBIES board. On here it suggests stating that driver shall not be named, however as this was at my workplace and I have been trying to get it cancelled they already likely know who the driver was although we have not formally confirmed this. Is it worth still keeping this part in the letter?

    Once you're at debt collector stage the PPC won't entertain any further form of appeal. Don't bother.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • I am an experienced health care professional who is extremely aware of the legalities of patient confidentiality but I don't see why that needs to be questioned when asking for advice when regarding a parking fine. I didn't say they had passed this info on, I merely wondered whether saying this to them could be used against me should the matter be taken further.Before asking for advice here I contacted the debt collector to tell them I was the driver as letter were being sent to my husband and understandably he didn't want to deal with it.

    I think maybe as you have a good understanding of this process you are not aware that for someone who has never dealt with it before the whole situation is quite overwhelming and I am simply asking for advice and double checking myself to ensure I do the right thing.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 18 December 2019 at 9:03PM
    No problem with you double-checking facts , but not assumptions , I was worried because some of your assumptions are laying waste to the notion of data protection , in your case not just employees but staff , the DVLA and everyone else

    The GDPR applies to your data , your husband's data etc , even mine , that is why it was questioned because your posts thought the DVLA had shared his phone number and that your workplace had shared your data to the PPC , those would be DPA breaches , same as if you shared patient data with one of their relatives without permission

    Just assume that nobody is allowed to share the data , work from that assumption regarding your data , your husband's data and what your workplace and the DVLA can and cannot share

    Yes they can assume that you were the driver , even with no admissions , based on the balance of probabilities , so 51% against 49% , meaning they will make that assumption unless they are told different

    The driver can be named by the keeper any time up until a court claim is issued , too late once it's issued , because if they issue it against the keeper , your husband , it's his problem , whether he likes it or not , meaning he would have to defend himself in court , due to being named on the court claim

    I have never been to court , but constant reading and research and common sense tell me the score

    You are best to assume that no data is being shared , because if you find that it is being shared , it could be a data breach , which happens a lot , especially staff data in companies , plus in the NHS where their data systems protection has been woeful , plus staff using USB sticks and works laptops with little regard to internet safety , some USB sticks have infected systems , just by being "found" near work and curiosity killing the cat

    Telling the debt collector that you were the driver won't have helped , because his name is on the alleged debt and the claimant told them to harass the alleged debtor , your husband

    They cannot just put you in the frame on your say so , not when he hadn't named the driver , nor can you just take it on , it's not your alleged debt , it's his , post #16 gave you chapter and verse about legal liability

    We should really be advising your husband direct and not through a third party (you) because at the moment this has nothing to do with you as regards legal liability , everything is being done to him , letters , phone calls , using credit tracing services etc

    If he cannot deal with it or court , but if you can , then he names the driver to Gemini , in writing , using POFA to transfer legal liability to you , only then can you deal with the fallout , because it will be in your name
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