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Parking Fine on paid ticket

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24

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  • notpayingparkingscam
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    Hi Guys,

    I've quickly drafted up an email in reply, would someone read through and check if this is OK?

    Would replying to them in the manner affect ey in any way seeing as I'm in the 'Debt Recovery' stage, which by the looks of it is usually recommended to ignore?

    Notice Number XXXXXXXX for vehicle XXXXXX

    Hello,

    I'm contacting you regarding the unsuccessful appeal to my Parking Charge Notice.

    The unsuccessful appeal, in which you have acknowledged payment of parking, was due to "failure" to include "full and accurate registration number of the vehicle" in which you state is in breach of the Terms and Conditions displayed on the site.

    I have returned to the site in question (site address) and have taken photos of the signs within the car park and the relevant Terms and Conditions on these signs. These Terms and Conditions do NOT state that "parking require that the full and accurate registration number of the vehicle which has been parked on site must be used when payment for parking is made".

    Therefore, I ask that you cease and desist and remove my data from your systems as you have no reasonable cause to further process it, given the drafting of your signs.

    Please reply to confirm,

    XXXXXX
  • Coupon-mad
    Coupon-mad Posts: 131,681 Forumite
    Name Dropper First Post Photogenic First Anniversary
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    Add that you are going to make a formal complaint to the ICO about their misuse of data and misleading information, contrary to the first data protection principle.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • notpayingparkingscam
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    Hi All,

    So, I had this reply from Excel.

    "Dear Sir,

    This is to acknowledge receipt of your correspondence regarding the above detailed Charge Notice (CN).

    To clarify the points raised, the CN in question was issued for contravention 94) Parked without displaying a valid ticket/permit.

    The signs at the car park made it clear that the land is private property and that a charge of £100 would be levied if vehicles park outside of the Terms and Conditions displayed. The signs made it clear that a valid ticket must be purchased and, where applicable, clearly displayed in the vehicle parked.

    On some car parks motorists are permitted to use RingGo as an alternative method of making payment for their parking. A motorist sets up an account or uses a mobile phone to send an SMS text message or uses an app to use their Ringo account. Once payment for parking is made, an acknowledgement is received by the motorist confirming that their parking has been authorised and also gives details of the vehicle authorised to park, the parking duration paid for and the period of parking expiry time

    All RingGo parking sessions are virtual, which means that a paper ticket is not required to be displayed in the vehicle when parking using the RingGo service. Once payment is made, the booking details are sent electronically to the parking attendants and they can then view the details of the relevant RingGo session including the location, vehicle registration number and duration using a handheld device.

    Enforcement is maintained purely upon the vehicle and location details supplied by the motorist and therefore, it is imperative that the information they supply is 100% accurate; if any part of the vehicle registration number or location is incorrect, the motorist may receive a parking charge notice.

    Prior to issuing a parking charge notice on RingGo sites, the Parking attendant looks up the vehicle registration number on a handheld, to check if payment has been made with RingGo. In the absence of a payment, the motorist would have been required to purchase a P&D ticket from the ticket machine.

    In this case no valid period of parking was set up, as the user failed to enter the full and accurate vehicle registration number on the RingGo account, therefore when the Parking Attendant checked, no period of parking had been correctly paid for the vehicle in question and as no other ticket was displayed, the Charge Notice was issued.

    The RingGo website warns: It is imperative that when you make payment with RingGo, session based information such as the vehicle registration; location and parking duration must be 100% accurate. It is these details that are provided to the enforcement operator so if any part of the vehicle registration is incorrect or you have paid to park at the wrong location you are liable to receive a parking fine.

    The letter sent to you dated 24th April 2018 gave you the option of making a reduced payment or to appeal to the Independent Appeals Service (IAS) and clearly stated: Please also note that further costs may be incurred should it be necessary for us to subsequently recover any outstanding charge using debt recovery and/or court action.

    As no appeal was made in line with that appeals process and no payment was received, a Notice of Intended Court Proceedings was sent to you, which again set out options in respect of payment. No reply was received from you and the matter was passed to debt recovery as warned by the notices and letters sent to you.

    Debt Recovery Plus are now dealing with this matter and as of this date, the outstanding amount against your account remains at £100.00 plus further costs incurred by debt recovery and/or court action.

    It is important we also highlight that no further appeals will be accepted at this office in respect of this matter.

    Further correspondence must now be addressed to: Debt Recovery Plus Ltd, 78 York St, Marylebone, London, W1H 1DP. Telephone: 020 8234 6775 quoting the number of the Charge Notice received.

    Yours sincerely,

    Appeals Administration Team

    CENTRAL PROCESSING OFFICE"

    It looks like this was buried somewhere within the RingGo website.

    Has anyone got any recommendation on where to go from here, shall I go back to ignoring them until we get to court proceedings?

    Many Thanks
  • notpayingparkingscam
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    I believe the land might be owned by Travelodge (the car park is on hotel grounds) would it be worth writing a formal complaint to them even though I was staying at the hotel at the time?

    I have read other successes of members complaining to land owners including a couple from a travelodge in Heathrow T5.
  • KeithP
    KeithP Posts: 37,638 Forumite
    Name Dropper First Post First Anniversary
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    Did you read this in post #1 of the NEWBIES FAQ sticky thread:
    ALL CASES - COMPLAIN FIRST, ESPECIALLY OVER A RETAIL, HOTEL, OR HOSPITAL CAR PARK:

    Always complain to the Retailer very quickly and assertively, WITH A RECEIPT IF POSSIBLE:

    Successful complaints about private parking tickets - how to get them cancelled! <<< CLICK

    See how easy it can be to get these cancelled by a retailer/hotel/landowner. VERY EFFECTIVE AND DAMAGES THE PPC!
  • notpayingparkingscam
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    Apologies, having looked on the Travelodge website it says that the the car park on that site is -

    "owned and managed by Excel parking."

    Probably no luck there then. Looking at the Tripadvisor reviews for that particular hotel it looks like there have been numerous complaints by guests about parking fines etc, and that the hotel had very little interest in the matter.
  • Coupon-mad
    Coupon-mad Posts: 131,681 Forumite
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    edited 26 May 2018 at 1:32AM
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    It is NOT likely to be OWNED by Excel. Add to the Tripadvisor complaints.

    AND add to the Travelodge complaint letter pile; no point giving up, every complaint is a straw on the camel's back and lends weight to these retailers/hotels possibly (in the end) deciding a 'partnership' with a scum PPC is not conducive to customer retention.

    Now send a SAR* to Excel, asking for all data held about you and your car and that VRN (to waste their time like they are wasting yours). This is the new fightback plan and the NEWBIES thread will be updated shortly to encourage a mountain of SARs.


    *Google it, please
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,638 Forumite
    Name Dropper First Post First Anniversary
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    Apologies, having looked on the Travelodge website it says that the the car park on that site is -

    "owned and managed by Excel parking."

    Probably no luck there then.
    So you are not even going to try?
  • notpayingparkingscam
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    Hi Both,

    I've lodge a complaint with Travelodge via resolver, I will let you know their reply and/or any updates.

    I've found a SAR template online, is this acceptable?

    Dear Sir/Madam

    I am writing to you in your capacity as data protection officer for your company. In light of recent events, I am making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation. I am concerned that your company!!!8217;s information practices may be putting my personal information at undue risk of exposure or in fact has breached its obligation to safeguard my personal information pursuant to WP ULike <= 3.1 - Unauthenticated Stored XSS.

    I would like you to be aware at the outset, that I expect a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioner!!!8217;s Office.

    Please advise as to the following:

    1. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.

    a. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.

    b. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.

    c. Please provide me with a copy of, or access to, my personal data that you have or are processing.

    2. Please provide me with a detailed account of the specific uses that you have made, are making, or will be making of my personal data.

    3. Please provide a list of all third parties with whom you have (or may have) shared my personal data.

    a. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.

    b. Please also identify which jurisdictions that you have identified in 1(b) above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.

    c. Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.

    4. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.

    5. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.

    6. If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.

    7. I would like to know whether or not my personal data has been disclosed inadvertently by your company in the past, or as a result of a security or privacy breach.

    a. If so, please advise as to the following details of each and any such breach:

    i. a general description of what occurred;

    ii. the date and time of the breach (or the best possible estimate);

    iii. the date and time the breach was discovered;

    iv. the source of the breach (either your own organisation, or a third party to whom you have transferred my personal data);

    v. details of my personal data that was disclosed;

    vi. your company!!!8217;s assessment of the risk of harm to myself, as a result of the breach;

    vii. a description of the measures taken or that will be taken to prevent further unauthorised access to my personal data;

    viii. contact information so that I can obtain more information and assistance in relation to such a breach, and

    ix. information and advice on what I can do to protect myself against any harms, including identity theft and fraud.

    b. If you are not able to state with any certainty whether such an exposure has taken place, through the use of appropriate technologies, please advise what mitigating steps you have taken, such as

    i. Encryption of my personal data;

    ii. Data minimisation strategies; or,

    iii. Anonymisation or pseudonymisation;

    iv. Any other means

    8. I would like to know your information policies and standards that you follow in relation to the safeguarding of my personal data, such as whether you adhere to ISO27001 for information security, and more particularly, your practices in relation to the following:

    a. Please inform me whether you have backed up my personal data to tape, disk or other media, and where it is stored and how it is secured, including what steps you have taken to protect my personal data from loss or theft, and whether this includes encryption.

    b. Please also advise whether you have in place any technology which allows you with reasonable certainty to know whether or not my personal data has been disclosed, including but not limited to the following:

    i. Intrusion detection systems;

    ii. Firewall technologies;

    iii. Access and identity management technologies;

    iv. Database audit and/or security tools; or,

    v. Behavioural analysis tools, log analysis tools, or audit tools;

    9. In regards to employees and contractors, please advise as to the following:

    a. What technologies or business procedures do you have to ensure that individuals within your organisation will be monitored to ensure that they do not deliberately or inadvertently disclose personal data outside your company, through e-mail, web-mail or instant messaging, or otherwise.

    b. Have you had had any circumstances in which employees or contractors have been dismissed, and/or been charged under criminal laws for accessing my personal data inappropriately, or if you are unable to determine this, of any customers, in the past twelve months.

    c. Please advise as to what training and awareness measures you have taken in order to ensure that employees and contractors are accessing and processing my personal data in conformity with the General Data Protection Regulation.
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
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    I'd be tempted to add the instruction that they should proceed to court at the earliest opportunity rather than passing your personal information unnecessarily to a third party whose actions will add nothing to the issue.

    Only a court can decide if Excel's claim is valid and you dispute it is not as there is no legitimate reason to levy a charge on someone they acknowledged has paid.
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