Car Parking charges and false information from Ipserv Ltd

D_P_Dance

IMO, how many hours you spend on this depends on your ability to absorb complicated matters.   Anything between say 4 and 44.  In my case about 8 should be anough, my son and daughter less. 

Cardriver45

This is the draft LBC that I've written. I'll add the other things from Trace once I receive the other letters

Re PCN nos:

Letter before commencing legal action

I am writing to you to claim for the misprocessing of my data under the GDPR Article 5 paragraphs 1 (d) 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’).

This is in regards to your letter dated 13th July in reply to my letter appealing the Notice to Keeper letters sent to myself. This letter contained incorrect dates for the parking contravention for both PCNs. I replied to this with my letter dated 16/07/2021 pointing out these errors. You replied with the letter dated 26th July 2021 admitting this misprocessing of my data.

I submitted a SAR request on 1st August 2021. You responded to this request on 06/09/2021 and omitted some of the data you hold on me. I emailed you to notify you of this on 07/09/2021. You replied to this email on 10th September admitting making yet another admin error in omitting some of my data.

Your agent acting on your behalf Trace Debt Recovery UK Limited has provided in writing false and misleading information in their letter dated 24/09/2021 on the consequences of court action being taken against me. They claim that court action being taken against me would result in a County Court Judgement. This is untrue as a CCJ would only be awarded in the event of the judge ruling against me and then my refusal to pay any outstanding fees within the 30 days allowed. I can only conclude that the providing of this false and misleading information is a deliberate attempt to mislead and intimidate me about the consequences of court action. As your agent you are responsible for the conduct of Trace Debt Recovery.

I received a response from Ipswich Borough Council dated 3rd August 2021 in response to my complaint against you and this accuses me (the keeper) of parking in the University of Suffolk car park. It also accuses me of the same in the letter you sent to the University of Suffolk dated 22nd July 2021.
At no point have I admitted to being the driver on the date of contravention and you have provided no evidence to identify myself as the driver. So you should not be stating that I parked in the car park on the date in question.

I am claiming the sum of £250 for the distress, inconvenience and lost time caused in dealing with this matter under Article 82 UK GDPR that states;

Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.

Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions the controller.

This is calculated as being:

3x letters to you to point out your mistakes and ask for a chance to appeal to an independent appeals service.

!x email to point out the mistake you had made in replying to my SAR request

2x emails to the British Parking Association to inform them of your mistakes.

2x emails to the DVLA for the same reason.

2x emails to my local Member of Parliament.

Writing complaints to Ipswich Borough Council.

Total estimated number of hours; 6.

Estimated number of hours for research and asking for advice; 12 hours.

Estimated total no of number of hours spent; 18 hours.

As someone who suffers from Chronic Fatigue Syndrome, I am limited to how much time I can spend on activities each day before becoming unwell and heavily fatigued. I had to undertake many hours of research and writing letters not only to yourselves but also writing to my local Member of Parliament, DVLA, BPA and the University of Suffolk to first identify and have these errors rectified. This took a heavy toll on me and risks causing a relapse in my disability. Added to this I was also diagnosed with Asperger’s Syndrome and Obsessive Compulsive Disorder which makes my ability to understand situations difficult and your administration errors added to my anxiety and stress in dealing with this situation so that I had to consult with many different people to help me to understand your letters and situation as a whole. Symptoms of Asperger’s Syndrome include communication difficulties and affects socialisation skills, so having to communicate with people I do not know well, caused me a great deal of stress and anxiety. I have had to restart taking anti-anxiety medication prescribed by my doctor because of this whole situation.  

I am currently studying a counsellor course, and this seriously affected my studies that I have been undertaking as well as my role as a volunteer with a mental health charity and group due to my frequent bouts of fatigue and anxiety this situation caused. I also felt the need to attend several wellbeing online webinars and sessions on a coaching and therapy organisation/website I am a member of, to help me to cope with the stress.

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 stress and worry by the whole situation has caused me many sleepless nights and has seriously affected my health and wellbeing. You 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 and ensured that you used a debt collection agent who acts in a proper manner.

You have the right to nominate an independent arbitration service of your choice to attempt to resolve this matter.

I am allowing 4 weeks for response from you and if I do not receive a satisfactory response within these 4 weeks then I shall be submitting a county court claim.

I await your response.

Cardriver45

I don't know what the Uni are playing at?
Surly they must know this doesn't cover what I am asking for?

Can you please confirm the information that is publicly available does not cover the information you request?

https://www.ipserv.co.uk/car-parks/

staff and student information: https://www.ipserv.co.uk/uos-car-parks/

If this does not please come back to the team.

Kind regards,

Data Governance Team

Cardriver45

This will be the reply I will be sending to Suffolk University unless anyone feels I should make any changes

The links you provided clearly do not cover the information I have requested.

I request to see the parts of the contract between yourselves and Ipserv Limited that contains details that directly relate to motorists using your car park including the requirement to display a permit, how to obtain a permit, grace periods, loading/unloading, the ability to issue charges, the ability to commence court claims, and that the contract complies with Sections 43 and/or Sections 44 of the Companies Act 2006.

I also request proof that the contract was put out to tender before being offered to Ipserv Limited.

If you do not provide this information in your reply then I shall be reporting this matter to the Information Commissioner’s office

KeithP

I would suggest that your last sentence there should include a time limit within which they must reply fully.

Fourteen days?

Fruitcake

Perhaps you should include a reason why you believe this information should be freely available to members of the public.

Cardriver45

Fruitcake said:

Perhaps you should include a reason why you believe this information should be freely available to members of the public.

How about this as a reason?

As a public-funded body, I believe that the public has the right to see how much public money is earned or spent and that the correct procedures have been followed to allow Ipserv Limited to have the legal rights to manage parking within your car park and issue penalty charge notices.

Fruitcake

Are they really called penalty charges?
If your request is in accordance with the FOI Act, then say so and quote the relevant part of the Act.

Cardriver45

Fruitcake said:

Are they really called penalty charges?
If your request is in accordance with the FOI Act, then say so and quote the relevant part of the Act.

Whoops I mean parking charges. Thanks for pointing that out

Cardriver45

Hopefully this is ok now? Thanks for the help.

The links you provided clearly do not cover the information I have requested.

I request under the Protection of Freedoms Act 2000 section 1 (1) to see the parts of the contract that contains details that directly relate to motorists using your car park including the requirement to display a permit, how to obtain a permit, grace periods, loading/unloading, the ability to issue charges, the ability to commence court claims, and that the contract complies with Sections 43 and/or Sections 44 of the Companies Act 2006.

I also request under the act proof that the contract was put out to tender before being offered to Ipserv Limited.

As a public-funded body, I believe that the public has the right to see how much public money is earned or spent and that the correct procedures have been followed to allow Ipserv Limited to have the legal rights to manage parking within your car park and issue parking charge notices.

If you do not provide this information within 14 days then I shall be reporting this matter to the Information Commissioner’s office