Parking Eye Court Letter

TAB1981 wrote: »

So what you saying I shouldn't of paid it , then I get a CCJ that will ruin my credit for the next 6 years ? , can you explain further why I shouldn't have paid it ?

Because you now have a CCJ for six years. You have NOT avoided it, you just reinforced it to stay there on your record as 'satisfied' which doesn't help your credit rating much.

You had had loads of advice and no-one told you to pay this. Not the way to go about it. You should have fought it and applied for a set aside...like the NEWBIES thread tells you in post #2.

All you try now is email PE, tell them you have paid 'under protest' and can they agree to set aside the CCJ 'with consent' (which will cost you £100 court fee as well, but PE should agree).

Then you can sue them when it is all over, for misuse of ANPR data which caused you a tangible loss, an effect on your credit rating and severe distress. A few hundred to claim, for you.

I am a Mrs!

Glad you are up for suing them, but get the CCJ set aside 'with consent' first. As explained above.

Yes wait for them to reply, PE should provide a consent order, get all that done first.

So they won't set it aside then, because they've got your money.

How about making that ICO complaint online with ALL your evidence, and stating that their data misuse/faulty ANPR (which is a known issue, even featuring for years in a BPA article about this technology) has damaged your credit rating, and Parking Eye know the issues, and have still refused to consent to set aside the flawed CCJ, because they have your money and don't care.

We did tell you paying it was not the right move. The ICO might be your salvation now.

Look at the ICO website 'make a complaint'. Self explanatory online form, and you can upload evidence too.

You will be complaining that ParkingEye's ANPR regime at that site is excessive, unjustified and faulty, and that you do not believe that (at any of their sites, but specifically this one) ParkingEye carry out the required 'manual checks' required by the BPA before getting your data from the DVLA under the KADOE system, then issuing ANPR PCNs in the post.

Explain that you had several (3?) PCNs as a taxi driver, all of which were raised based on flawed ANPR data, due to the well known ''first in last out'' image default problem that the BPA Trade Body warned operators about years ago:

http://www.britishparking.co.uk/ANPR

''As with all new technology, there are issues associated with its use:

a) Repeat users of a car park inside a 24 hour period sometimes find that their first entry is paired with their last exit, resulting in an 'overstay'. Operators are becoming aware of this and should now be checking all ANPR transactions to ensure that this does not occur.''

Also the BPA admitted on Watchdog just 2 months ago, that ANPR has this flaw.

And say that you believe ParkingEye do not comply with the ICO Surveillance camera Code of Practice for several reasons. Firstly, they failed to tell you on any PCN or letter or sign, about your right to subject access (only appeal or complaint, which is not the same thing at all). Secondly, you do not believe they have carried out an initial data privacy impact assessment - or if they did they paid lip service to it and have failed to act upon the multitude of complaints from people. Thirdly, you believe the 24/7 ANPR here (and at ParkingEye's other sites) is excessive and unjustified, and unreasonably intrusive, as well as not supported by the human intervention checks and balances that should take place every time.

In your case alone you have been wrongly charged 3 times, you believed it was a scam and only now have you had to scrabble around proving your taxi's whereabouts to make ParkingEye admit the fault and cancel the newer PCNs. However this still leaves you with a substantial monetary loss due to ParkingEye's ANPR surveillance system failure and negligence in not handling the data stream fairly in accordance with the data protection principles.

State how this has affected you, that you have a CCJ affecting your credit rating and it has stopped you opening a business account, and even though ParkingEye know that all the PCNs issued to your taxi are false ones based on the flaw, they have refused to cancel and write off the one that has caused a CCJ and you had to pay a 3 figure court fee, plus pay ParkingEye the best part of £200 and then beg them to 'consent' to set aside the CCJ...

Show the ICO all the PCNs, all the appeal info and proof you have that your taxi was booked elsewhere every time, show tons of data and evidence to damn ParkingEye and get the ICO to investigate this for you. Ask to be compensated once the ICO have investigated.