Car Parking charges and false information from Ipserv Ltd

Jenni_D

WP means it's an out-of-court discussion to reach an agreement, which normally means it can't be shown in court.

Save as to costs means that such correspondence can be shown in court, but only when the judgment has been reached and the discussion moves to the subject of costs.

Fruitcake

Cardriver45 said:

Am I understanding it correctly in that that would mean that if they agree i am saying that I can't then try to claim compensation in court other than for costs?

If the PPC agree to a drop hands offer, there will be no court case. 

Cardriver45

I've changed it to this now

I am prepared to offer a 'Without Prejudice, Save as to Costs, Drop Hands' settlement in that if you withdraw your claim for PCN no ******, I am willing to withdraw my claim against your company.

Umkomaas

Just head up the letter with WP, SATC (in full, obviously). Then make the drop hands offer in a paragraph below. You won't need inverted commas around the heading. 

Cardriver45

Like this?

Without Prejudice, Save as to Costs

Dear Sir/Madam

I am contacting you in reply to your letter dated 21st February 2022 regarding my complaint to the ICO. My complaint was because you provided incorrect dates for the alleged contravention for both PCNs no **********and*********, and that there was missing information on my SAR request dated 7th September 2021. I requested to the ICO an explanation from yourselves as to why safeguards were not in place to prevent these two mistakes from happening.

It states 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).”

Because of these easily preventable mistakes I have suffered a large amount of loss in both time researching and to my mental health.

I am prepared to offer a Drop Hands settlement in that if you withdraw your claim for PCN no *********, I am willing to withdraw my claim against your company.

I am allowing 14 days for reply to this letter and if I do not hear within this timescale then I shall be continuing with my claim.

I await your reply

Yours Sincerely

patient_dream

That is OK but as you start with Dear Sir Or Madam, you should end it with Yours faithfully

Cardriver45

It has now passed the 8 week deadline for Trace to respond to my complaint to the CSA and I haven't heard anything from them.

This is what I am planning to send to the CSA re my complaint;


Dear Chris Gardner

Re complaint ref:

I am contacting you about my official complaint filed on 21st January 2022 about the conduct of your member Trace Debt Recovery. The 8 week deadline for Trace to respond to my complaint passed last Friday 18th March 2022 and I have not received a response as stipulated by your policy.

Would you please update me on the progress of my complaint and the steps I need to take now?

Yours Sincerely 

Cardriver45

Good news.

It looks like I got a result and Ipserv have backed down and agreed to withdraw their claim for the parking charge against me. Thanks for all the help, you've been diamonds and I am really grateful for all the dedication of the members on here in helping others. I will still continue with the CSA complaint against Trace and if you feel its worth it file an LGO complaint against Ipswich Borough Council.

Coupon-mad

Great!  Nicely done, very tenacious.

Tell them you agree to their drop hands offer.

Then definitely report the Council to the LGO once you reach impasse with them!

Cardriver45

How's this for a reply?

Dear Data Protection Manager,

I am writing in response to your letter dated 21st March 2022. I can confirm that I am willing to accept the terms of your drop hands offer to agree not to pursue PCN no;

I confirm that I will not pursue any further legal action and once I have received written confirmation that all personal data relating to PCNs no; ****** and ****** have been deleted from your records,  I will not pursue any further action with the ICO against Ipserv Limited and will confirm that I am satisfied with how my complaint has been dealt with.

Yours Faithfully