Car Parking charges and false information from Ipserv Ltd

Cardriver45

I sent the complaint into the ICO though I took out all the parts about causing distress as I didn't feel they were really relevant. I also added that I expect their admin errors and systems to prevent admin errors to be fully investigated.  

BarkingDog

Sorry, not been here for a while.

The ICO will not sort any compensation for you. No point writing to them about it. You can complain to the ICO about Ipserv breaches of DPA2018 or UKGDPR but I suspect they'll fob you off. The ICO or rather the Information Commissioner herself has the power to fine companies for breaches. They're unlikely to investigate your case unless there is a much wider risk to people's data etc and I can't see that exists here.

To be clear, when I said pay the £60 for the other PCN, that was to get them off your back and stop any further distress etc but knowing you stand a good chance of getting some compensation for misprocessing that took place re the other PCN. If you get the compensation it will off-set the £60.

To seek compensation from Ipserv you need to set out your particulars of claim. Don't include anything about the other PCN, just focus on the one they misprocessed. You need to be prepared to make a claim in the County Court (small claims track) and be aware that if you do not convince the Court you suffered damage etc costs may be awarded against you. Of course you don't actually need to take them to court unless you really want to and they don't pay before you actually submit a claim form to the court.

Clearly and succinctly say:

• What happened including what was done wrong (misprocessing of your personal data). Refer to the letter in which they admit misprocessing. If you can quote relevant Articles then that's good. Article 5 is generally the most common one breached and the 'controller' is responsible for demonstration compliance with Article 5 but they have already admitted misprocessing so they shouldn't deny it. They will likely quibble about paying anything so you must articulate your reasons and amount well.

• Include all steps you took to correct matters i.e. the number of times and when you told them they had made mistakes.

• How these errors (misprocessing) impacted you (inconvenience, anxiety, upset, distress, sleepless nights etc). You need to be sensible and realistic about this - say how you value your time, how much work you did, the upset and anxiety you felt, if you went to your doctor etc

• What you want - i.e. how much compensation (and how it is calculated) - you might detail all the time spent on the matter, the letters, etc - you need to be honest. If Ipserv carried on misprocessing after errors were brought to their attention that might add evidence to support 'aggravated' damages - depends on exactly what they did and for how long.
•  You must say you are seeking compensation under Article 82 UK GDPR 
•  You must ask them if they want to nominate an independent arbitration service 
•  You need to give them time to respond - 4 weeks should be enough but still send them a reminder and another week once the 4 weeks is up.
• Say you will submit your claim to court when the 4 weeks is up (don't do that though without giving them more time) 
• If they don't pay or make an acceptable offer by the deadline, give them another week then prepare your claim form, detailed particulars of claim and send to court and serve on Ipserv (you can do it online or in hardcopy - online has slightly lower court fees (you need to add 'costs' to you claim if going to court - these will include court fees).

the small claims court is designed for people who do not have legal representation - always good to speak to CAB or a solicitor if you can though. No solicitor will accept taking any DPA/GDPR case because the awards are generally low -  unless you're a celebrity or have suffered major damage you're on your own I'm afraid.

Good luck

Cardriver45

Thanks for your reply @BarkingDog

It was for both PCNs that Ipserv put the incorrect dates when replying to my appeal, but they refused to cancel the 2nd one

Cardriver45

I guess it wouldn't do any harm to send Ipserv a claim letter?
Maybe they would cancel the PCN then at least, to try to encourage me to drop the claim?

Umkomaas

Cardriver45 said:

I guess it wouldn't do any harm to send Ipserv a claim letter. Maybe they would cancel the PCN then at least, to try to encourage me to drop the claim?

Here's a random website explaining the process (from a Google search query - I have absolutely no connection with this firm):

https://lexlaw.co.uk/letter-before-claim-specialist-solicitors/

and one from the CAB:

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Cardriver45

Is it worth me mentioning that in the letter Ipserv sent to the Uni and also the letter I received from the council it states that I parked in their car park when I have at no point admitted that I was the driver?
Should I ask them to provide proof that I was the person who parked as they claim or is that irrelevant to my LBC?

Jenni_D

You can mention it in passing in your LBC so that you have something formal at claim time (in case they try to use your silence as tacit acceptance of being the driver), but as it would be you bringing the claim then driver/keeper may be irrelevant for your claim.

Cardriver45

I received the expected debt collectors letter today from Trace debt collectors. They've stated that if I don't pay they may take me to court and if they do I will receive a CCJ. Hmm, that's a bit naughty because no I won't just for being taken to court and they wouldn't even be the ones taking me so they are definitely using some dubious scare tactics there.

Here it is if you do want to see it, though I'm sure you've all seen loads already.

Cardriver45

Is this something I can add to my LBC that I send to Ipserv?

Coupon-mad

Yes, their agent is misleading you by saying that not paying WILL result in a CCJ.  Not true!

The next letters are even worse; Trace use a false letter heading saying they are now writing from 'Trace Legal Dept' (they don't have one and are not solicitors) and the letters are signed off (in fact there is no signature or name) by a purported Litigation Manager that reports suggest that they don't have. 

The letters from Trace are appalling.

My local friend and fellow PPC fighter @ParkingMad is collecting examples of the full Trace letter chain if you don't mind supplying it all.  This is grounds for further complaint to the Trade Body but wait till you get the Trace Legal Dept ones first.