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Two firms, one in Wales, fined £340k for aggressive marketing calls

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THE Information Commissioner’s Office (ICO) has fined Cardiff-based Outsource Strategies Ltd (OSL) £240,000 and London-based Dr Telemarketing Ltd (DRT) £100,000 after the companies made a total of almost 1.43 million calls to people on the UK’s “do not call” register, the Telephone Preference Service (TPS).

The calls, all made between 11 February 2021 and 22 March 2022, resulted in 76 complaints to the ICO and the TPS. People who complained said the callers were aggressive and used high-pressure sales tactics to persuade them to sign up for products. The ICO investigation also found evidence that both companies were specifically targeting elderly and vulnerable people.

Andy Curry, ICO Head of Investigations, said: “All the people targeted by these nuisance calls should not have been called in the first place. They had all taken action to protect themselves by registering with the UK’s “do not call” register.

“It is unacceptable they were repeatedly interrupted and subjected to aggressive and unpleasant marketing, particularly as some of the victims told us they were people with vulnerabilities. I would like to thank those who took the time to report to us, as this helped our investigation to bring these two companies to account.

“All companies engaging in direct marketing should take note. If you flout the law, you can expect the ICO to use the full force of its regulatory powers against you.

“And, as in this case, it doesn’t matter how complicated the network of companies and individuals are, we will work through the evidence to find and take action against the perpetrators of these unlawful calls to protect the public.”

Details of the unwanted calls: “My husband took the call. He has communication difficulties – he is vulnerable and doesn’t understand not to answer the telephone. I suspect he has been sold stuff by these companies in the past. For health reasons, I need to stop them ringing …”

“We’ve requested numerous times to be taken off the list but to no avail. The telephone number today is one of several different numbers that they use. This has now become harassment of two senior citizens.”

“Tried to get me to join the Irish lottery and probably wanted my bank details. It made me annoyed and … anxious. I’m getting sick up to the back teeth of these types of calls. I even get them on my UNLISTED [sic] number.”

“… He had all my personal details which he said he had got from [redacted] … He was trying to persuade me to buy cut-price lottery tickets for the Irish Lottery … I said I would not give any card details over the phone as I had no way of checking where he was calling from. I asked him to send me an email so I could carry out due diligence on this offer and the company. He said he could not do that unless I bought the tickets first. I was not prepared to do this and so ended the call. When I checked the number, Google seemed to suggest this number is associated with a scam company. I was concerned because [redacted] … target older people who could get confused and be talked into something like this more easily.”

Details of each fine

Outsource Strategies Ltd, based in Cardiff, made 1,346,503 unwanted marketing calls between 11 February 2021 and 22 March 2022 to numbers registered with the TPS. The ICO received 74 complaints from people variously saying they received repeated calls despite requests to stop and that the callers were aggressive.

During the investigation, OSL blamed TPS screening responsibility on its contracted partners and stated it also had internal systems in place to ensure this did not happen. The ICO found this to be incorrect, as 141,914 calls were still made to people marked as “do not call” on its own systems.

The investigation also uncovered that OSL Directors were involved with a separate company previously fined by the ICO. OSL has also been issued with an enforcement notice. OSL has appealed the monetary penalty notice and the enforcement notice.

Dr Telemarketing Ltd, based in London, made 80,240 unwanted marketing calls between 11 February 2021 and 22 March 2022 to numbers registered with the TPS. A total of two complaints were received. The highly exploitative unwanted calls were all made regarding Lotto Express and were targeted at vulnerable people to maximise profit.

During the investigation, the ICO uncovered what appeared to be a network of five people and eight companies all involved in deliberately making the unwanted calls. DRT argued opt-in details were supplied by its business partner and screening was provided by another company. The ICO found there was no mechanism in place to identify and mitigate against making unwanted calls and that screening was not contracted to cover all the data providers involved.

Despite repeated attempts to communicate with the company, DRT stopped engaging with the ICO during the investigation and failed to provide a satisfactory explanation for the Lotto Express calls. DRT has also been issued with an enforcement notice. DRT has not paid the fine or appealed the notice therefore the ICO is commencing financial recovery action.

ICO’s work to tackle nuisance communications 

The ICO enforces the Privacy and Electronic Communications Regulations 2003 (PECR), which cover the rules for organisations wishing to make direct marketing calls, texts or emails. 

The ICO’s direct marketing guidance makes it clear that organisations acquiring marketing lists from a third party must undertake rigorous checks to satisfy themselves that the personal information was obtained fairly and lawfully. Organisations must:

explain to people why they want to use their information;
tell people if they will share information with other organisations; and
make people aware of their data protection rights.
The ICO has issued more than £2.59 million in fines against companies responsible for nuisance calls, texts and emails since April 2023. Some of these investigations began with a single complaint from a member of the public. 

For more information about the ICO’s work to tackle nuisance calls, emails and texts visit ico.org.uk/nuisancecalls. 

Advice for the public 

To help you, your friends and relatives stop receiving unlawful marketing calls, texts or emails you can: 

Register landlines and mobile numbers with the Telephone Preference Service (TPS) and the Corporate Telephone Preference Service (CTPS) free of charge. The TPS and CTPS is a register used by legitimate marketing companies to identify people and businesses that have said they don’t want to receive marketing calls. Alternatively, you can tell the company directly that you do not wish to be contacted. 
Report the receipt of unsolicited marketing text messages received on your mobile to the Mobile UK’s Spam Reporting Service by forwarding the message to 7726. 
Refer concerns that you or someone you know has been the victim of fraud to Action Fraud (in England, Northern Ireland and Wales) and Police Scotland (in Scotland). You can refer wider concerns about a business’ practices to Trading Standards. Report any abandoned calls that you receive to Ofcom. 
Ask your telephone network about call blocking solutions they may be able to offer. Many of these services are provided free of charge.
Report nuisance calls, texts or emails to the ICO via our website. 

 

Business

Manorbier caravan park call refused by national park

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A CALL to allow a Pembrokeshire caravan park to change part of its site from touring vans to static units without a formal planning application has been refused.

In an application to Pembrokeshire Coast National Park, Norfolk-based Park Farm Opco Ltd, through Chipping Norton-based agent Laister Planning Limited, sought a Lawful Development Certificate for the proposed stationing of static caravans in lieu of touring caravans, year-round, at Park Farm Holiday Park, Manorbier.

A supporting statement accompanying the application said: “The purpose of this application is to confirm that the touring caravans so permitted for year-round occupation on the western field at Park Farm, are capable of being replaced by static caravan pitches without effecting a material change of use. There is no specific number of touring or static caravans which is being sought at this juncture.”

It says Park Farm Holiday Park comprises of two areas, area A having some 61 owner-occupied static caravans, and area B used for touring caravan pitches and tents.

Planning permission was originally granted way back in 1956 for the caravan site, on a temporary basis, a Lawful Development Certificate for an existing use for the use of the site for up to 70 static caravans granted in December 1998, mainly covering area A.

The statement said the lawfulness of siting caravans year-round was previously confirmed by the park in 2024 “use as a campsite for touring caravans (not including twin-unit static caravans) and tents which shall be occupied for holiday use only and used as temporary, non-permanent units on a year-round basis”.

Of the proposals, it said: “The site is currently used for the stationing of touring caravans all year round. Most of the caravans on the site are stationed on what is called a ‘seasonal’ basis, where the owners leave them permanently stationed on the site and use them as holiday homes, paying an annual ‘seasonal’ fee.

“The proposed use of the site is to replace the permanently stationed touring caravans with permanently stationed static caravans. No specific number is provided, as no number is provided in any of the existing certificates, but it is anticipated that the total number of caravans in the application site will inevitably be reduced as the caravans are generally larger.

“There would be no other change in the way the site is operated, and the intention is to use the caravans for holiday purposes.”

An officer report recommending the certificate of lawfulness for the change be refused, saying it was “not satisfied that the evidence accompanying the application is sufficient to establish that the proposed use would be lawful”.

It said that while lawfulness certificates for tourers had been granted “it is considered that the siting of single-unit statics in lieu of those tourers, as now proposed, would be inconsistent with the lawful use of the site, and cannot be considered lawful in the same way,” adding “the changes proposed would result in a definable character change to the site of a magnitude that would be sufficient to amount to a material change of use requiring planning permission”.

The application for a certificate of lawfulness was refused on the grounds “the proposed use of the site would represent a material change of use requiring planning permission for which no permitted development rights exist, meaning a specific grant of planning permission is needed in order for the scheme to proceed”.

 

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Business

Pembrokeshire Paddle West South Quay boat shed approved

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A PADDLEBOARDING and canoeing company’s call for an extension to a boat shed at Pembroke’s South Quay, below its historic castle, has been given the go-ahead by county planners.

In an application to Pembrokeshire County Council, G Booth of Paddle West CIC, through agent James Dwyer Associates, sought permission for an extension to the stone-built boathouse, adjacent to the cliff on South Quay fronting the Mill Pond, Pembroke.

A supporting statement said: “It is intended to erect a single storey ‘lean-to’ building, or ‘shed’ for the storage of boats, such as canoes and kayaks, and related equipment, on a vacant space adjacent to the existing stone-built boathouse.”

It added: “The boathouse and the intended adjacent boat storage shed is located, as is to be expected, in close proximity to water, the Mill Pond. The Mill Pond is the main area of activity for Paddle West, a Community Interest Company, providing boating activities, kayaking, canoeing and paddle boarding, frequently for young people and families.”

It went on to say: “It is intended that the structure would be lightweight, erected on the exiting hard standing. The ‘shed’ would be used for the storage of boats and related equipment.”

With regard to the historic setting, it added: “Although the stone-built boathouse appears not to be listed, it is recognised that the walls above are listed and together they are a piece.

“Accordingly, through form and external materials proposed, timber cladding and profile sheet roofing, the aim is to ensure that the structure would be subservient and muted and not detract or compete with the visual aesthetic of the boathouse or historic walls. In effect the addition would blend into the background.”

The application, supported by Pembroke Town Council, was conditionally approved by county planners.

The boathouse is sited near to the new Henry Tudor Centre in South Quay, which is due to open in Spring 2027.

The centre, expected to receive around 30,000 visitors a year, will tell the story of Henry Tudor, son of Pembroke, his Welsh ancestry and his impact on our national story, Welsh culture and our wider British heritage.

The restored derelict South Quay buildings will also house a new library and community café, and a healthcare, social services and supported employment facility in the adjoining premises.

 

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Business

Ty Bert Caribbean Kitchen brings taste of the Caribbean to Newport

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A NEW café has opened in Newport, Pembrokeshire, bringing Caribbean flavours to the seaside town — with affordable bed and breakfast accommodation also planned for the near future.

Ty Bert Caribbean Kitchen has opened in the former youth hostel at the old school on Lower St Mary Street.

The venture is being run by Newport local Roberta James, who hopes to reopen the building’s five bedrooms as budget accommodation as soon as possible.

The café, which opened earlier this month, serves Caribbean dishes including jerk chicken, barbecue pork belly and goat curry, alongside more traditional options such as baked potatoes, tea, coffee, hot chocolate, cold drinks and cake.

Roberta said the idea began after she responded to a Facebook post by Newport Town Council asking what the hostel, which had been closed since Covid, could be used for.

Soon afterwards, she was putting together a business plan and submitting it to Pembrokeshire County Council, drawing on her family’s background in catering and hospitality.

“I wanted to bring it back as a hostel but also have a place for the community and somewhere to use for events and groups,” she said.

The Caribbean theme was inspired by a holiday to Antigua.

Roberta said: “I am a foodie and I loved the food there. It was simple and flavoursome.”

She is recreating those flavours with the help of her friend Jason, who is from the Caribbean.

Box meals are available to eat in or take away, with protein mains served with rice, potato, coleslaw and salad for £12.95.

“The menu is perfect for families or for people that like a bit of spice and something a bit different,” Roberta said.

Customers have already been taking meals down to the beach or Parrog, while those eating in can use the downstairs café seating or a large family-friendly room upstairs, complete with big tables and board games.

Roberta said: “The response has been really good. We have had a lot of the locals coming in. They have been really supportive.

“During the Easter holidays we had tourists coming in. They really enjoyed having something different and reasonably priced.”

Ty Bert Caribbean Kitchen is currently open from Friday to Monday, from 12:00pm to 8:00pm, with plans to open on Thursdays later in the season. Diners are also welcome to bring a bottle with their meal.

Roberta said she hopes to open the hostel as soon as possible. Painting parties have already been held to freshen up the two dormitory rooms, two double rooms and one family room.

She is now waiting for Pembrokeshire County Council, which is leasing the property to her, to repair the boiler.

Roberta said transforming the former hostel into boutique budget accommodation, while creating the café, had been a real community effort, with friends and local businesses pitching in.

“There have been lots of lovely people in the community offering to help,” she said. “They want us to succeed, which is really nice.”

More information is available on the Ty Bert Facebook page.

 

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