GroupNexus claiming that I parked overnight..

ExasperatedEel

Hi. 

Newbie here. 

Unfortunately, I hadn't read the info on the forum before I responded to Group Nexus, but here's the situation. 

I've been targeted by the "double-dip" phenomenon. Visited a local retail park two days in row (Scotland) and the parking bandits sent me a letter with a photo of my old van entering one day and leaving the next. GN reckon that I was parked for nearly 24 hrs.

It's a nonsense - I live very close by. 

It might sound daft, but I'm a widow with OCD and I've not been able to sleep properly since I got the letter on Friday. I put in an appeal straight away, but hadn't been aware of the info on here when I did it. All I could say was that they'd got it wrong - I'd visited two days in a row and lived nearby. I pointed out that they had not provided evidence of my being parked at the retail park. They only have pics of the van in motion.

There's no doubt from their photo that I was driving: my not-so-beauteous countenance is clearly visible. 

I phoned the well-known DIY/Garden Centre that I visited and a manager has emailed them to say that I'm a regular customer and she thinks it's "probable" that a mistake has been made and has asked them to cancel the charge. That was Friday. She made a point of saying that I was in distress, but they've not got back to her to cancel the charge as yet. (Yes, I know. They'll not be in a hurry to sort out this kind of thing. They're only interested in money.)

I've had a ruined weekend looking up info online and desperately trying to find evidence that I didn't park up overnight. After reading info here, I emailed my MP to let him know what happened.

The only pics that they have is of me driving in on the access road (no barrier) one day and out the next. I demanded that they send me a picture of the van parked up overnight and pointed out that they couldn't because it didn't happen.

I'm really upset that they got my info from the DVLA. It seems like such an intrusion. 

Deep breath...

Since then, I've pieced together my movements to an extent. Supposedly, I arrived one afternoon and didn't leave until 22hrs later. 

I wasn't able to find any evidence of my whereabouts when I sent in the online appeal. Subsequently, I sent Nexus an email to let them know that the manager was contacting them. I walked up there on Sunday (too scared to drive!) and gave her a letter outlining the situation and requesting that she forward me her email. She's done so. 

I've found my receipt to show that I made purchases at the store the first day. I probably went home after that, but I'm not sure. (I live about a mile from the retail park.) I don't think I bought anything the second day - just had a look at the plants and left.

Unless my credit card statement (not due quite yet) has further info, I can't prove anything else for the first day.

The second day - I realised last night - I was at the dentist in the morning. The receptionist has sent me an email confirming that I attended my appointment there.

I was intending to forward that to Nexus. If they want any further proof, I'd need to ask the council for CCTV records. (No idea whether there are any.)  I also visited a farm shop on the 2nd day, but I don't think they'll have CCTV footage of a fortnight ago. I actually have a possibly stroppy email drafted, pointing out that Nexus would need to pay for any charges I incur relating to CCTV records or electronic records for the dental practice - they will have billed the dental insurance company for the cost of my check-up and scale. 

I'm going to send a FOI request to the DVLA, because - from what I've read - Nexus has breached the Data Protection Act by accessing my info when they did. (Another website said that believing that they were right is no defence?)

So...I know I didn't follow all the Newbie steps straight away (because I didn't know that there was a Parking Fine section here) but I've inadvertently followed the advice for those in Scotland by trying to get the store onside. (The manager also said - unprompted by me - that she does "know the landowner".) I also took a photocopy of my receipt in with me yesterday and gave that to the manager with my letter.

I'm thinking that instead of sending my stroppy email to Nexus right now, I should just contact the DVLA as above and forward Nexus the email I got from the dental receptionist, confirming that I attended my appointment on the morning of the 2nd day. 

Of course, this doesn't prove my absence from the retail park that rest of the time, but it's a start?

I've checked their signage, and it's not that clear in my opinion. Apparently, you're allowed to park for 2 hrs. I was there for less than an hour the first day, I reckon and in and out the next.  I'm peeved, however, since I know for a fact that I didn't do what they've accused me of. It's proving it that's the issue. 

If the forwarded email isn't enough, I'm not sure whether I should follow up with the stroppy email or keep my powder dry and save my arguments for POPLA and (possibly) court. Stroppy email references Data Protection and also asks for access to their footage for the hour around my departure on the first day and my arrival on second.   I recall having to drive round another vehicle that stopped on the access road when I was leaving one day, so that might explain why they didn't get my number plate on the way out, but my vehicle is quite distinctive and might show up slightly as I go past. Again, I'm thinking I'm maybe better saving that for POPLA and court?

I feel as though I'm in a Franz Kafka story. The injustice of it bothers me. How do you prove a negative? 

Sorry for rambling...the lack of sleep is showing, isn't it? I think I'm going to have to go back to bed!

Gr1pr

So , you complained about the PCN to the business or landowner, good, that was correct, known as plan A, regardless of the location or nation, it was the correct thing to do ( what general location is the incident. ?  Scotland or elsewhere. ?  )

The data request to the DVLA won't help you, so concentrate on the short term 

Have you appealed to GN yet on their website. ?  ( Forget about email or phone calls. )

If you have appealed with the double dipping argument, fair enough 

If you haven't appealed to GN yet, we can help you with the correct wording 

Now take a chill pill, its a very, very common issue 

Fruitcake

First of all, don't worry about this. Even if you had done what the parking company said, they won't take anyone to court for a single parking charge event in Scotland because even if they won, they would have to pay their own expenses (costs) which cannot be reimbursed for claims of less than £300. 
They would make a loss.

You should write to the owner/manager/CEO of the place you visited and tell them in no uncertain words how unhappy you are to have received a parking charge notice. The UK Government prohibits the use of Automatic Number Plate Scameras in council and local authority car parks because it is not fit for use. Double dip being one of its more common faults.

This is how bad the ANPR system is. Bus lane camera mistakes woman's sweater for number plate - BBC News 

Say that you made two separate visits and expect the charge to immediately be cancelled because unregulated parking company's camera systems failed to record your car leaving and returning. 

You should also complain to your MSP about this.

Again, do not worry or lose sleep over this.

ExasperatedEel

Thank you so much both of you. 

Yes, this was in Scotland.

`Yes I have appealed on the GN website - before I thought to look for advice online. I was in a real tizz at the time. I've got the automated acknowledgment with my comment. I didn't know then what I know now, or would have worded it much better. 

I also sent a follow-up email to the link given on the GN website for additional info after i spoke to the store manager. 

My intention now would be to forward the email from dental practice proving that I was in another town getting my dental check-up on the morning of the 2nd day, when I was supposedly parked up at the store. 

One thing that the store manager mentioned to me is that they've had Travellers staying overnight from time to time and she thinks that's why they picked up on my van.

This is what came back to me from GN (minus my paragraphing). I'm embarrassed reading it: it's not much of a defence, but I was in shock: 

"This is nonsense. i live just up the road from the retail park in xxxx and am a frequent visitor. There is no way that i parked overnight. I entered one day and went home. I then returned the next day. Check my address. I have no need to stay overnight at the park. You have not shown pictures of being parked. This is either an error on your part or a deliberate scam. I would have shopped at xxxx probably and perhaps one other store. This is a nonsense. Am I to be penalised because I enjoy shopping at xxx? Please supply a picture of my vehicle parked overnight: you cannot. This charge is unlawful."

I then sent as follow-up (and got acknowledgement for): "Good afternoon.

Further to my online appeal, I have been in touch with xxxx at xxx Retail Park.  I believe that a staff member is sending you an email to confirm that an error has been made. 

Yours faithfully,"

This is the email that the store manager sent on Friday:

"Hi

In ref to the above parking charge issued

We have had the customer phone the store today in great distress. And is worried about returning to the store in future, the parking charge is saying the customer had parked up overnight, as the customer only stays a few streets away it is probable unlikely.  I do believe she has appealed it, The customer is a regular and is often in store daily,  can we please get this cancelled,  and the store advised when a decision is made so we can contact the customer to put her mind at rest, 

Many thanks" 


I now have this email from my dental practice which I intend to forward with a covering email specifically mentioning double dip and their flawed tech.

"Hi,

Just to confirm that ExasperatedEel attended a dental appointment at our practice xxxx Dental Practice, xxxx Street, xxxxx on Monday 12/08/24 @10.55am with Dr xxxxx, thanks

Reception - xxxx"


According to GN, my van was sitting in the retail park at that time...So, miraculously I was at the dental surgery until about 12 noon, then got lunch at a farm shop until about 1, rushed back to town via a different means of transport and picked up my van in the space of about half an hour.

Gr1pr

So in all the narrative above, have you revealed who was driving ? Yes or No. ?

There is no keeper liability in Scotland, but its the GN cameras and computer systems that have missed the orphan images for exit 1 and entering 2, a very common problem 

Had you come here first, one simple concise email would have killed it off

ExasperatedEel

Gr1pr said:

So in all the narrative above, have you revealed who was driving ? Yes or No. ?

There is no keeper liability in Scotland, but its the GN cameras and computer systems that have missed the orphan images for exit 1 and entering 2, a very common problem 

Had you come here first, one simple concise email would have killed it off

Yes, I know. Hindsight is a marvellous thing. I was in shock at the time and didn't know where to turn. I realise that I'm playing the sympathy card here, but I'm still getting used to life on my own and have had to deal with a cancer scare this year. My brain isn't quite firing on all cylinders at the moment. I found this section of the forum after Googling "Parket ticket fraud".

My image is clear and unmistakable in the first photograph, plus my vehicle is only insured for me to drive it. I guess that I implied that I was driving by stating that I visited the store two days in a row:  "I entered one day and went home. I then returned the next day."

KeithP

ExasperatedEel said:
My image is clear and unmistakable in the first photograph, plus my vehicle is only insured for me to drive it.

Whilst there might well be a clear image of the driver, there is absolutely no way that any private parking company can put a name to that image. There is no magic database that they can use to get that detail.

As for insurance... with your permission, I could legally drive that vehicle - as could anyone else who has their own insurance that allows them to drive other vehicles. Must be several million people.

ExasperatedEel

I've drafted this email to GN:


"Dear sirs,

Further to my online appeal and my follow-up email advising you that xxx have sent you an email requesting that you drop the charge, I am forwarding an email from my dental practice which confirms that on the morning of the 12th August I was in another town and therefore could not possibly have been parked in the xxxx Retail Park, xxx as you allege. 

As you will be aware, the number recognition technology that you use is flawed and this has plainly resulted in a “double-dip” scenario whereby your camera has photographed the vehicle concerned on the access road on the 11th August but has missed its exit shortly thereafter. The camera then appears to have picked up the vehicle numberplate on its second exit the following day.

I trust that you will cancel your parking charge.

Yours faithfully,

Begin forwarded message:

From: xxxdental.co.uk

Subject: Confirmation Of Dental Appt Attendance

Date: 27 August 2024 at 10:00:25 BST

To: "Eel"

Hi, Just to confirm that Eel attended a dental appointment at our practice xxx Dental Practice, Street, xxx. xxxx on Monday 12/08/24 @10.55am with Dr xxxx, thanks

Reception - xxxx

LDast

Stop worrying. You aren't gong to be paying a penny to these scammers. In fact, you are in a very powerful position to actually sue them for the distress and anxiety they have caused you by obtaining your DVLA data unlawfully.

Because they have failed to comply with their Approved Operator Scheme (AOS) Code of Practice (CoP) by doing a manual quality control check on the ANPR images, they have therefore breached the KADOE contract with the DVLA and had no right to request your data.

By not checking the ANPR photos to find the "orphan images" you are the victim of a "double dip" where the middle two images of you exiting and then entering again at the location have been missed.

I suggest you have some fun at their expense for all the grief they've obviously caused you.

Article 5(1)(d) of the UK GDPR legally requires data controllers to store and process personal data accurately. If a data controller, such as a private parking company, unlawfully obtains the keeper's data from the DVLA and issues an invoice based on inaccurate information, claiming you parked in breach of an alleged contract with the landowner (or their agent), this constitutes processing your personal data inaccurately and unlawfully under the UK GDPR.

The precedents for claiming damages and compensation for such unlawful processing of personal data can be found in cases like Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333, where the court awarded compensation for distress caused by the inaccurate processing of personal data under the Data Protection Act 1998. Although this case was decided under the old law, similar principles apply under the UK GDPR and the Data Protection Act 2018. Under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018, individuals have the right to compensation if they suffer material or non-material damage because of a breach of data protection laws.

Additionally, the case of Vidal-Hall v Google Inc [2015] EWCA Civ 311 confirmed that claimants could recover compensation for distress alone under the Data Protection Act 1998, a principle now similarly recognised under the GDPR. This means that even if you have not suffered tangible financial loss, you may still be entitled to compensation for distress caused by the unlawful processing of your data.

Moreover, in Tetragon Financial Group Limited v Revenue and Customs Commissioners [2020] UKUT 0305 (TCC), the court reiterated the importance of accurate data handling by public bodies. This principle can be applied here, as the DVLA, a public body, must ensure that any data it provides to third parties, such as private parking companies, is used lawfully and accurately. If a private parking company unlawfully obtained your data from the DVLA and processed it inaccurately, you have grounds to seek compensation.

To seek compensation for the unlawful processing of your personal data, you should provide 21 days’ notice (the pre-action protocol typically requires 14 days, but a longer notice can show goodwill) to the data controller, in this case, the private parking company, of your intention to claim damages. For example, you might claim £100 for nominal damages under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018. This notice should clearly state that you will file a claim with the County Court (England and Wales) or the Sheriffs Court (Scotland) if they do not confirm in writing that all references to this alleged debt have been deleted within 14 days. Be sure to mark your letter as a "Letter before Court proceedings."

As a litigant-in-person, you can file a claim under the Simple Procedure at your local Sheriffs court in Scotland. Each party is responsible for their own legal costs, regardless of the outcome. A claim for under £300 cost just £20 and if you are on certain state benefits, could be waived. As it would be claim under the DPA 2018, the claim would be heard at your local court.

Here is a guide to filing a claim under the Simple Procedure at your local Sheriffs court in Scotland. 

https://www.dropbox.com/scl/fi/ikfrb4mm1em5nusts5nhp/02-taking-a-claim-to-court-cases-raised-on-or-after-1-december-2009.pdf?rlkey=khtsd8ni4zhe9xthdregyhm0w&st=k2crfskl&dl=0

ExasperatedEel

Thank you so much LDast.  (In my letter to the Homebase manager, I actually stated that the whole thing had made me ill...I wasn't lying.)

fisherjim

You are overthinking this stop worrying you have wasted far too much time on it already.

There are 67million people living on this island how on earth can they fit their blurry photo, that is only interested in the VRN to you?