Author Topic: GroupNexus - Roadchef Clacket Lane West - Overstay PCN  (Read 87 times)

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Rodders21085

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GroupNexus - Roadchef Clacket Lane West - Overstay PCN
« on: February 03, 2024, 02:11:14 pm »
PCN Front
PCN Back

Hello all,

PCN received at Clacket Lane Motorway Services Westbound.

There is a back entrance to this motorway services that is used regularly to cut out traffic and join the motorway directly from the adjoining town or leave the motorway services to enter the adjoining town.

On the 23/01/24 16:07 the driver exited the motorway and entered the services (first picture). The driver then left via the back entrance within a 20 minute period.

On 24/01/24 the driver again exited the motorway and left within a 20 minute period via the back entrance (second picture).

The parking company have either omitted the first exit and second entry or the ANPR has not picked it up (rear number plate was dirty).

The driver should have access to proof that the vehicle was not on-site at this time in the form of time-stamped company car park CCTV (this will be confirmed on Monday).

Thank you in advance for your help.

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b789

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Re: GroupNexus - Roadchef Clacket Lane West - Overstay PCN
« Reply #1 on: February 03, 2024, 03:30:52 pm »
A classic case of “double dipping”. If you have evidence that your vehicle could not have been at the location for the full period of alleged parking, you could make a claim against them because they lacked the “reasonable cause” to obtain your data and so have breached the Data Protection Act 2018 (DPA) and UK GDPR 2018 as well as the DVLA KADOE rules and the BPA's operational guidance.

Their error is a known flaw of ANPR, in that they are required to do human checks before purchasing DVLA personal data.

It is their duty to prove that you parked for a single period of parking and breached a term. You didn't. If they had carried out the required due diligence of a human checking of the ANPR data, they would not have been relying on automated decision-making, would have spotted the 'orphan images' and would never had cause to issue a PCN at all.

Article 12 of the UK GDPR legally requires data controllers to store and process personal data accurately: clearly, any data controller issuing an invoice to you because it has wrongly recorded that you parked in breach of the alleged contract between you and the landowner (or, as in this case, an agent of the landowner) is processing your personal data unlawfully.

The precedents for claiming damages and compensation for such unlawful processing are the decisions of the Court of Appeal in Zeta Jones & Douglas v Hello! Magazine [2003] EWHC 786 and Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ 333, both being binding on all County Courts in England and Wales.  In the latter claim, Mr Halliday was awarded compensation of £750 at what the Court regarded was the lowest level of award, and although this was a claim under Section 13 of the Data Protection Act 1998, similar provisions - amended to take account of a decision by the EU Grand Chamber that the 1998 Act did not properly implement EU law into UK domestic legislation - replaced the old Section 13 provisions with Article 12 of the UK GDPR and Section 168 of the Data Protection Act 2018.

In short, you ought to give 21 days notice (the pre-action protocol only really requires 14 days but hey, you can be charitable!) to the data controller of your intention to seek (say) £250 nominal damages and compensation under Article 12 of the UK GDPR and Section 168 of the Data Protection Act 2018 for their unlawful processing of your personal data: you could say that you will not file your claim with the County Court if they confirm in writing that all references to this alleged debt have been deleted within (say) 14 days. Clearly mark your letter as a "Letter before County Court proceedings".

Anyone who is fairly confident can claim as a litigant-in-person in Part 27 proceedings in the County Court (commonly but wrongly described as "the Small Claims Court").  Each party is responsible for their own legal costs whether they win or lose and the claim for £250 can be issued online for a fee of £35 at moneyclaimonline.gov.uk which also gives useful advice if you want to have a look at what is involved.  Your claim will automatically be listed as being for a total of £285, i.e. the successful party gets their Court fees back.
« Last Edit: February 03, 2024, 03:37:23 pm by b789 »

DWMB2

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Re: GroupNexus - Roadchef Clacket Lane West - Overstay PCN
« Reply #2 on: February 03, 2024, 03:43:08 pm »
Before sending a legal threat perhaps an appeal against the parking charge (albeit along similar lines) would be wise... Depends what the OP's priority is.

b789

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Re: GroupNexus - Roadchef Clacket Lane West - Overstay PCN
« Reply #3 on: February 03, 2024, 04:36:59 pm »
Just saying... there is scope for a claim against the PPCs data controller. An LoC/LBC would be tantamount to an appeal as it gives them the opportunity to cancel the PCN anyway.

Of course, as we are dealing with intellectually malnourished ex-clampers, they will probably refuse any appeal anyway, thus requiring them to fork out £30 or whatever the fee is these days for a POPLA code. If POPLA were to refuse the appeal, then let them issue a claim and the OP can counterclaim with the above anyway.

It is always satisfying if you can give back a bit of the stick they give out so freely.

DWMB2

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Re: GroupNexus - Roadchef Clacket Lane West - Overstay PCN
« Reply #4 on: February 03, 2024, 04:50:13 pm »
I'm certainly not averse to people having a go back if they're so inclined. Just keen to make sure that getting the original charge cancelled doesn't get lost.

Rodders21085

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Re: GroupNexus - Roadchef Clacket Lane West - Overstay PCN
« Reply #5 on: February 03, 2024, 06:46:42 pm »
Very thorough replies thank you!

My main priority is to get the PCN cancelled.

Therefore I feel that an appeal would be a good first step.

I shall use some of the information above and attach the proof of the vehicle being elsewhere at the time of the PCN.

If it gets rejected I'll report back to get a POPLA appeal together.

If it goes further then a counterclaim is definitely something I will push for.