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  • FIRST POST
    • TAB1981
    • By TAB1981 4th Jun 18, 4:25 PM
    • 51Posts
    • 8Thanks
    TAB1981
    Parking Eye Court Letter
    • #1
    • 4th Jun 18, 4:25 PM
    Parking Eye Court Letter 4th Jun 18 at 4:25 PM
    Im a private hire Taxi Driver that works between 10pm to 5am , Ive had letters to say on 2 occasions ive been parked on Asda between 1am to 7am , I pick up people from Asda with there shopping regular as its open 24 hours , Ive never been parked up on there for a long period of time and I can get evidence from my Taxi company to prove I wasn't parked up there and done numerous jobs around area between the hours they state im parked up on there

    Im to blame for ignoring previous letters but was told by a few people to not do anything about it as there trying to Bully and Intimidate people

    Yesterday I received County Court Judgement bill for a charge of 197 , my wife's panicking now as she doesn't want a CCJ and I dont neither but its bugging me that I should have to pay 197 for something I clearly have not done and can prove this with all evidence from my Private Hire Company showing times and address's I picked up from in the time period I was accused of being parked up on Asda

    I rang the court and they said fill an N244 form in and send it off with a 255 fee for the appeal , Will I receive this money back if the appeal goes in my favour because if not id be aswell just paying the 197 and getting it all cleared but its frustrating me why I should pay for something I have not done , rang Parking Eye up earlier again to check dates and times and the ladies response was if id of acted earlier it would not had gone this far so my response was if Parking Eye did there job properly and had 100% reliable camera's it wouldn't be a case in the first place
    Last edited by TAB1981; 04-06-2018 at 4:28 PM.
Page 3
    • TAB1981
    • By TAB1981 28th Jun 18, 5:10 AM
    • 51 Posts
    • 8 Thanks
    TAB1981
    seeing as you have paid it , the matter is closed and nothing you can say or do will get you any money back


    its gone , over with , end of story
    Originally posted by Redx
    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 ?
    • KeithP
    • By KeithP 28th Jun 18, 11:32 AM
    • 8,072 Posts
    • 7,933 Thanks
    KeithP
    I think the suggestion is that instead of paying you should've sought a set aside.

    I.e. get the original judgment cancelled and therefore removed from the register.
    .
    • Coupon-mad
    • By Coupon-mad 28th Jun 18, 11:46 AM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    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 ?
    Originally posted by TAB1981
    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.
    Last edited by Coupon-mad; 28-06-2018 at 11:50 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • TAB1981
    • By TAB1981 28th Jun 18, 12:09 PM
    • 51 Posts
    • 8 Thanks
    TAB1981
    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.
    Originally posted by Coupon-mad
    Mate you have been really helpful and I appreciate all your help , the Mrs was nagging at me worried about CCJ And I I thought let's pay it off then pursue them for my loss

    I sent numerous e mails but had no response back from them and with the deadline for payment being today payed to my frustration
    • Coupon-mad
    • By Coupon-mad 28th Jun 18, 12:10 PM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    I am a Mrs!

    Glad you are up for suing them, but get the CCJ set aside 'with consent' first. As explained above.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • TAB1981
    • By TAB1981 28th Jun 18, 1:51 PM
    • 51 Posts
    • 8 Thanks
    TAB1981
    I am a Mrs!

    Glad you are up for suing them, but get the CCJ set aside 'with consent' first. As explained above.
    Originally posted by Coupon-mad
    Apologies lol

    I've just sent the e mail over now , shall I wait for them to reply before I move forward

    Again I appreciate all your help , time to try and get my money back now from these cowboys

    Thankyou
    • Coupon-mad
    • By Coupon-mad 28th Jun 18, 1:55 PM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    Yes wait for them to reply, PE should provide a consent order, get all that done first.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • TAB1981
    • By TAB1981 3rd Jul 18, 2:33 PM
    • 51 Posts
    • 8 Thanks
    TAB1981
    Just had this reply

    Dear Mr



    We write regarding the above referenced Parking Charge and subsequent county court claim.



    We can confirm that we have received your payment of 197 on 27.06.2018 and we consider this matter closed. Please note that we have provided this information to the court, so that they may update their records, but this may take some time to be processed as the court works in arrears.



    Please note that the judgment issued by the court should have stated as follows:



    "Details of this judgment will be entered in a public register, the Register of Judgments, Order and Fines. They will be passed to credit reference agencies, which will supply them to credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit. [!!!8230;] If you pay in full within one month, you can ask the court to cancel the entry on the Register [!!!8230;] If you pay the debt in full after one month, you can ask the court to mark the entry on the Register as satisfied [!!!8230;]!!!8221;.



    You may also wish to provide a copy of this correspondence to the court as proof of your payment.



    The payment reference number for this matter is 3362957.



    Yours sincerely,



    ParkingEye Enforcement Team
    • Coupon-mad
    • By Coupon-mad 4th Jul 18, 11:34 AM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    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.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • TAB1981
    • By TAB1981 4th Jul 18, 10:56 PM
    • 51 Posts
    • 8 Thanks
    TAB1981
    Yes it was the CCJ and bailiffs that where my main worry, problem is now I'm still down as having a CCJ , the court said it could take 4 to 6 weeks to come off my credit file , I've got to go into the bank next week to open a buissness account and this will cause me problems I think

    Where do I start now with the ICO complaint

    Thanks
    • Coupon-mad
    • By Coupon-mad 4th Jul 18, 11:38 PM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    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.
    Last edited by Coupon-mad; 04-07-2018 at 11:41 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • TAB1981
    • By TAB1981 8th Jul 18, 9:44 PM
    • 51 Posts
    • 8 Thanks
    TAB1981
    Thankyou I will put it a together
    • Coupon-mad
    • By Coupon-mad 10th Jul 18, 12:50 AM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    Spend time on it, a week or more to make it perfect, with evidence attached and showing that once could be excused as a one-off error but 3 times proves the inherent fault and the fact the operator cannot have had a human checking the data before issuing a PCN each time.

    Your case is important for you and for other people with ANPR PCNs, so do use some of the words in my previous post and spell out to the ICO what has happened and how it has impacted your plans (business account delayed, possibly some reputational damage at work) and on your pocket, the loss caused and effect on your credit rating.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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