GroupNexus claiming that I parked overnight..

LDast

If you have the time and inclination to do this, it would be a great pastime for you and a learning experience. Even if you did not follow through on your threat to sue them for damages, it would make them sit up and worry. You'd also have satisfaction of giving them as good as. if not more, than they gave you.

ExasperatedEel

I don't think I'll sue, but I'd like to make them worry. 

Grizebeck

5 minutes was the maximum time needed on this 

LDast

Well, the can't sue you because of the jurisdiction problem and it would simply not be cost effective for them. However, whilst there is no jurisdiction issue for a suit under the DPA 2018, there could be if a claim was successful and you wanted to collet it.

It certainly doesn't hurt to warn them that you reserve the right to issue a claim for their unlawful use of your data if they don't delete all reference to the PCN they have issued unlawfully.

Coupon-mad

ExasperatedEel said:

I don't think I'll sue, but I'd like to make them worry. 

If you haven't sent your email yet, send it to their Complaints email instead. They have a complaints policy. Use that pathway now.

Tell them you will report GN to the BPA for not checking for ANPR 'orphan images' before harvesting your DVLA in a clear case of 'double dip' that they should have spotted.

ExasperatedEel

Thank you to everyone who has answered. 

I have already sent an email forwarding the confirmation from my dentist that I was there on the morning of the 2nd day. I also pointed out that their tech is known to be faulty and this is obviously a case of "double dip".

I've heard nothing from them yet, of course.

I'll try to find their complaints email address and fire off a complaint to them. I just want this out the way. I'd been so looking forward to a holiday that I'd organised prior to an upcoming hospital procedure and I could do without this nonsense.

I'm doubly annoyed because the store manager did contact them and ask them to get in touch with store management, but it looks like they've been ignored. The other thing that the store manager let slip was that my vehicle was probably targeted because it's an old van and they've (apparently) had travellers parking up overnight. 

I'm assuming that the problem lies in the entire process being automated with no human checks - again suggesting that they're GN is cutting corners and breaking regulations.

KeithP

ExasperatedEel said:

I'll try to find their complaints email address and fire off a complaint to them.

See here...
groupnexus.co.uk/complaints-policy

In there you will find...

ExasperatedEel

Thank you very much.

Bazarius

Any DPA 2018 claim for double dip events to have a chance of succeeding , needs a time period and fair few letters causing repeated  distress , “nobody is listening to me” “I can’t prove a negative”   Etc . It needs a paper trail of at least 2 occasions stating the same thing and them saying no you must pay it . And this being passed on to DRA causing further distress. 

I assisted a lady with a successful counterclaim which was settled out of court for a sum she was happy with.

  The reason why it succeeded was the fact she didn’t receive a NTK - only a “legal action pending “ from their sister company.   (We know it’s a common problem with this firm - they didn’t send it in an attempt to pressure the motorists to pay the full charge after losing the discount) . 

She appealed , saying it wasn’t there for that time period and no breach occurred ,  was told too late to appeal . 

It was passed onto dcbl - the same thing was said , told it’s too late to appeal with further threats of court proceedings. 

Then Dcblegal letter saying too late to appeal the only way to defend it is at court …..

Cc issued against claimant

received template Defence to Counterclaim basically saying breach did happen and is liable .

email received asking to discuss settlement for the counterclaim . 

Lowball offer rejected 

increased offer rejected,   

Third offer accepted. 

As I have repeatedly said , a single letter causing distress isn’t enough, no judges in the land will ever award damages for a single letter . 

Coupon-mad

Agreed.

A series of anguished responses sets the scene for a counterclaim for harassment re a 'debt' they should have known was never owed, based on DVLA data that should never have been accessed.