Car Parking charges and false information from Ipserv Ltd

Cardriver45

KeithP said:

I would list all those discrepancies.

We must assume that the Information Commissioners Office are experts on the Data Protection Act and it is perfectly reasonable to expect them to be able to pick out the relevant stuff from your list.

I'm a little confused now. I thought @BarkingDog meant make a claim under GDPR for distress through the small claims court?
Or should I do both that and the ICO?

Here is a reminder what they posted as it was quite a way back on page 12;



"This is what I would do in your position. Pay the £60 and get that PCN out of the way and no longer a source of worry, frustration and anxiety. I would also send them a Subject Access Request (SAR) right away. You have every right to check they have used your information correctly. Importantly however I would also send them a claim for damages - distress, inconvenience, worry and anxiety for £250 in respect of the erroneous PCN. 

My claim would be made under Article 82 UK GDPR. I would claim for breaches of Article 5 UK GDPR, in particular paragraphs 1 (d) Article 5 -Personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’); and (f) Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

I think I could make a case to say, PCNs are very emotive matters and cause significant upset and in addition to the inconvenience of having to correspond and complain, I suffered worry and distress about having to pay money I could ill-afford to lose. The parking company should have had processes in place to prevent and detect the administrative errors made and that would have prevented the distress, inconvenience etc inflicted on me. There is no doubt they processed inaccurate information about you and caused you damage. You may get the £250 or they may call your bluff. Be prepared to go to the Small Claims Court but you can reduce your claim at any time if you think it will achieve satisfactory settlement. You might be pleasantly surprised how things work out."

Jenni_D

Do both - complain to ICO and also (if you want) raise an MCOL claim for compensation for GDPR breach - anything from £250+

Coupon-mad

But none of us agreed with @BarkingDog who almost never posts on this forum and certainly isn’t a regular.

Cardriver45

Coupon-mad said:

But none of us agreed with @BarkingDog who almost never posts on this forum and certainly isn’t a regular.

I thought it was the paying the PCN advice that people disagreed with?

Someone else said that making a separate GDPR claim is definitely worth bearing in mind.

Cardriver45

Coupon-mad said:

Whilst these charges are so extortionate and unfair, with PCNs issued like confetti, no-one should pay any PCN just because it may be issued under the POFA but good advice otherwise from @BarkingDog.

I checked back and this was your reply 

Redx

Cardriver45 said:

Coupon-mad said:

But none of us agreed with @BarkingDog who almost never posts on this forum and certainly isn’t a regular.

I thought it was the paying the PCN advice that people disagreed with?

Someone else said that making a separate GDPR claim is definitely worth bearing in mind.

Correct , we rarely agree with paying a PCN , not until regulation comes in next summer

If you get a court claim , you could issue a counter claim with your Defence

Coupon-mad

Yep it would be a counterclaim if you do receive a claim but I am not convinced, because counterclaims rarely work.

Judges really don’t like them in my experience and prefer straightforward contract law stuff, like parking claims with signs and alleged t&c breaches.

defendants here almost always win but counterclaims don’t.

Cardriver45

Coupon-mad said:

Yep it would be a counterclaim if you do receive a claim but I am not convinced, because counterclaims rarely work.

Judges really don’t like them in my experience and prefer straightforward contract law stuff, like parking claims with signs and alleged t&c breaches.

defendants here almost always win but counterclaims don’t.

Ok thanks. So maybe I'll just make a complaint to the ICO and see where I go from there?

Cardriver45

I've written this draft for my ICO complaint. I'm not sure if its OK or not and if I am on the right lines?

I wrote to Ipserv Ltd. to appeal 2 parking charge notices. On the reply letters Ipserv provided incorrect dates of the alleged parking contraventions which made it look as though they were within the correct timeframe for sending the Notice to Keepers to the keeper when one was clearly not.

I sent them and the British Parking Association, DVLA and my local MP a complaint and Ipserv apologised saying that it was an administration error and cancelled one of the tickets but refused to cancel the other or remove my details from the system. After again writing to them, the British Parking Association and my local MP.

However in their reply letter they still provided incorrect information on the Protection of Freedom Act 2012 rules and claimed in one part of the letter that one Notice to Keeper was sent under POFA 2012 guidelines and one was not then later stated that the NTKs were issued correctly and in line with the POFA 2012. So, in the letter they provided contradicting information.

I then sent Ipserv a Subject Access Request and they replied to this request with missing information that they held on myself. I again contacted them, and they said that this was also an admin error and sent the missing information.

Although Ipserv claim that these were admin errors, (which were made on more than one occasion), the parking company should have had processes in place to prevent and detect the administrative errors that would have prevented the distress, inconvenience etc inflicted on me.

 

What more could the organisation you're complaining about do to resolve your complaint?

 

This has caused great distress to myself as well as the extra work that I have had to undertake in research and writing to Ipserv on several occasions plus several different organisations and my local member of parliament. As someone who was diagnosed with Chronic Fatigue Syndrome (a stress triggered disorder), Autism and anxiety based mental health conditions, these instances and extra work I have had to undertake have caused a detrimental effect to my wellbeing.

Ipserv have clearly demonstrated that they are not capable of handling my data correctly as stated by Article 5 UK GDPR, in particular paragraphs 1 (d) Article 5 -Personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’); and (f) Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
 

I have no confidence that it is secure on their systems. I request that they remove my details from their system.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cardriver45

Is what I wrote for my ICO complaint ok or do I need to make any changes, please?