GroupNexus claiming that I parked overnight..

Coupon-mad

Brilliant!

You could also still get this in the local paper and encourage people to complain. 

ExasperatedEel

Thank you. Worth trying...I just found out that similar happened to a chap who lives in the same street as me. 

Went to the DIY store with his wife one day and returned to the retail park the next - there are also office buildings there and his company is based there. He managed to get his charge overturned with less trouble because he merely had to prove that he was employed by a company with an office in the retail park. 


Once again, thank you so much for your help. 

ExasperatedEel

I should also like to express my sincere gratitude to Bazarius for his help in suggesting how I should phrase things in my email.

ExasperatedEel

I don't believe it: they're working on a SUNDAY?  This arrived at 14.47.  (Outsourced to workers abroad, I wonder?)

"Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge.

We apologise sincerely for any inconvenience and can confirm this Charge has been cancelled in full and no further action will take place.

Please be advised that your details have now been removed from our records.

Please disregard any letters received, that relate to this Parking Charge, that predate this correspondence.

Yours faithfully,

CP Plus Ltd."

Nellymoser

Surprised to see CP PLUS offer their sincere apologies not once but twice. They must be really worried your gonna ask for financial compensation.

LDast

As they obtained your DVLA data unlawfully and it has caused you distress and anxiety, you should demand compensation. If they don't pay, you send them a Letter of Claim (LoC) and give them 14 days to pay or else you will file a claim for the compensation for breach of your GDPR under the Data Protection Act 2018 (DPA). Easy to do using MCOL and you can claim up to £300 for a court fee of £35. If you will, you get your combo and your £35 back.

This would fit into an MCOL claim but you'd probably have to submit more detailed PoC within 14 days:

THE CLAIMANT CLAIMS DAMAGES FOR DISTRESS CAUSED BY THE DEFENDANT'S BREACH OF THE DATA PROTECTION ACT 2018 AND THE GENERAL DATA PROTECTION REGULATION (GDPR) DUE TO THE UNLAWFUL REQUEST FOR THE CLAIMANT'S PERSONAL DATA FROM THE DVLA.

THE DEFENDANT ISSUED A PARKING CHARGE NOTICE (PCN) FOR AN ALLEGED PARKING CONTRAVENTION WHICH DID NOT OCCUR. THE DEFENDANT FAILED TO COMPLY WITH THEIR APPROVED OPERATOR SCHEME (AOS) CODE OF PRACTICE BY NOT PERFORMING MANUAL CHECKS ON ANPR IMAGES FOR A “DOUBLE-DIP” ERROR, THEREBY OBTAINING THE CLAIMANT'S PERSONAL DATA WITHOUT LAWFUL CAUSE, BREACHING THE KADOE CONTRACT.

THE CLAIMANT SEEKS £[INSERT AMOUNT] FOR DISTRESS AND ANXIETY CAUSED BY THIS DATA BREACH.

DETAILED PARTICULARS OF CLAIM WILL FOLLOW WITHIN 14 DAYS.

Give them a taste of their own medicine.

ExasperatedEel

Nellymoser said:

Surprised to see CP PLUS offer their sincere apologies not once but twice. They must be really worried your gonna ask for financial compensation.

The second email would be because I wrote back after the first email made no mention of erasing my data.  They might also be worried because I (truthfully) told them that my GP had been concerned when I told her about it. (I was getting clarification of my biopsy results - all good, I'm happy to say.)

ExasperatedEel

LDast said:

As they obtained your DVLA data unlawfully and it has caused you distress and anxiety, you should demand compensation. If they don't pay, you send them a Letter of Claim (LoC) and give them 14 days to pay or else you will file a claim for the compensation for breach of your GDPR under the Data Protection Act 2018 (DPA). Easy to do using MCOL and you can claim up to £300 for a court fee of £35. If you will, you get your combo and your £35 back.

This would fit into an MCOL claim but you'd probably have to submit more detailed PoC within 14 days:

THE CLAIMANT CLAIMS DAMAGES FOR DISTRESS CAUSED BY THE DEFENDANT'S BREACH OF THE DATA PROTECTION ACT 2018 AND THE GENERAL DATA PROTECTION REGULATION (GDPR) DUE TO THE UNLAWFUL REQUEST FOR THE CLAIMANT'S PERSONAL DATA FROM THE DVLA.

THE DEFENDANT ISSUED A PARKING CHARGE NOTICE (PCN) FOR AN ALLEGED PARKING CONTRAVENTION WHICH DID NOT OCCUR. THE DEFENDANT FAILED TO COMPLY WITH THEIR APPROVED OPERATOR SCHEME (AOS) CODE OF PRACTICE BY NOT PERFORMING MANUAL CHECKS ON ANPR IMAGES FOR A “DOUBLE-DIP” ERROR, THEREBY OBTAINING THE CLAIMANT'S PERSONAL DATA WITHOUT LAWFUL CAUSE, BREACHING THE KADOE CONTRACT.

THE CLAIMANT SEEKS £[INSERT AMOUNT] FOR DISTRESS AND ANXIETY CAUSED BY THIS DATA BREACH.

DETAILED PARTICULARS OF CLAIM WILL FOLLOW WITHIN 14 DAYS.

Give them a taste of their own medicine.

Thank you very much for this. Not sure that I can use the portal in Scotland, but I'll look into it.

Bazarius

LDast said:

As they obtained your DVLA data unlawfully and it has caused you distress and anxiety, you should demand compensation. If they don't pay, you send them a Letter of Claim (LoC) and give them 14 days to pay or else you will file a claim for the compensation for breach of your GDPR under the Data Protection Act 2018 (DPA). Easy to do using MCOL and you can claim up to £300 for a court fee of £35. If you will, you get your combo and your £35 back.

This would fit into an MCOL claim but you'd probably have to submit more detailed PoC within 14 days:

THE CLAIMANT CLAIMS DAMAGES FOR DISTRESS CAUSED BY THE DEFENDANT'S BREACH OF THE DATA PROTECTION ACT 2018 AND THE GENERAL DATA PROTECTION REGULATION (GDPR) DUE TO THE UNLAWFUL REQUEST FOR THE CLAIMANT'S PERSONAL DATA FROM THE DVLA.

THE DEFENDANT ISSUED A PARKING CHARGE NOTICE (PCN) FOR AN ALLEGED PARKING CONTRAVENTION WHICH DID NOT OCCUR. THE DEFENDANT FAILED TO COMPLY WITH THEIR APPROVED OPERATOR SCHEME (AOS) CODE OF PRACTICE BY NOT PERFORMING MANUAL CHECKS ON ANPR IMAGES FOR A “DOUBLE-DIP” ERROR, THEREBY OBTAINING THE CLAIMANT'S PERSONAL DATA WITHOUT LAWFUL CAUSE, BREACHING THE KADOE CONTRACT.

THE CLAIMANT SEEKS £[INSERT AMOUNT] FOR DISTRESS AND ANXIETY CAUSED BY THIS DATA BREACH.

DETAILED PARTICULARS OF CLAIM WILL FOLLOW WITHIN 14 DAYS.

Give them a taste of their own medicine.

As previously advised and agreed by Coupon-Mad - such claims will have little or  no prospect of success .  

The claimant is likely to be liable for their costs should be the claim be dismissed at trial  .   Not even worth trying . 

Coupon-mad

And certainly not in Scotland where (honestly) on this forum we don't know what we are doing, claims have to be served by Sheriffs Officers (I think) and Claimants can't add costs.

Better revenge is to get it in a newspaper.