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60.—(1) Where a payment service user—
(a)denies having authorised an executed payment transaction; or
(b)claims that a payment transaction has not been correctly executed,
it is for the payment service provider to prove that the payment transaction was authenticated, accurately recorded, entered in the payment service provider’s accounts and not affected by a technical breakdown or some other deficiency.
(2) In paragraph (1) “authenticated” means the use of any procedure by which a payment service provider is able to verify the use of a specific payment instrument, including its personalised security features.
(3) Where a payment service user denies having authorised an executed payment transaction, the use of a payment instrument recorded by the payment service provider is not in itself necessarily sufficient to prove either that—
(a)the payment transaction was authorised by the payer; or
(b)the payer acted fraudulently or failed with intent or gross negligence to comply with regulation 57.
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